Naturalization: Allegiance and Loyalty to the US

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Each year, more and more foreign nationals or immigrants begin the process of becoming US citizens. It's a long process designed to make sure that citizenship is granted only to people that are and will continue to be productive, law-abiding members of our communities.

There are several requirements that you need to satisfy before you can become a US citizen through the naturalization process. One is that you have to show allegiance and loyalty to the US. The main idea here is to protect and safeguard other Americans. By showing loyalty and allegiance, you're showing that you want the rights, privileges and responsibilities that come with citizenship. In other words, you don't have some subversive motive to do harm to the US or her citizens.

Loyalty and Allegiance

In the words of the US immigration laws, to become a naturalized citizen, you must be attached to the principles of the US Constitution and well disposed to the good order and happiness of the United States. In simple terms, this means that you must show that you:

  • Believe in the basic principles the US was founded upon, namely, freedom and equality for everyone
  • Are willing to obey the laws of the US and of the states
  • Are willing to serve the US and defend the country from its enemies, if asked to do so by the US government

When you file an application for naturalization, the US Citizenship and Immigration Services (USCIS) will look very carefully at your behavior during the five-year period that ends on the date you file your application. If you're married to a US citizen at the time of your application, this review period is three years. The USCIS can go farther back into your past, though, and look for actions or conduct that show your attitude toward supporting and defending the US.

What's the USCIS looking for? You may not be able to show the proper attachment to the US Constitution if you are now, or if during the last five years (or three years) have:

  • Been a member of a proscribed organization, like a known terrorist group, or a totalitarian or authoritarian political party, such as the Communists
  • Been involved in the persecution or harassment of any person based upon her race, religion, nationality, membership in a particular social group, or political party
  • Been involved in espionage or sabotage
  • Evaded or avoided US military service while you were a lawful permanent resident during a time of war or declared national emergency
  • Claimed exemption from US military service because of foreign citizenship

The USCIS looks very closely at your willingness to serve in the US military. You can't become a naturalized citizen if you've been convicted of deserting the US armed forces, that is, you left the military without being discharged.

Your status with the US Selective Service Program is also very important. Generally, unless you're a lawful non-immigrant, you're a man and you lived in the US between the ages of 18 and 25, you must be registered with the Selective Service. A failure to register may show an unwillingness to serve and defend the US, which may lead to a denial of your application.

Oath of Allegiance

You become a US citizen only after you take the Oath of Allegiance. Through this oath, you promise to:

  • Renounce or give up your citizenship in or allegiance to all other countries
  • Support the US Constitution
  • Serve the US by fighting in the armed forces, performing non-combat duties in the armed forces, or working as a civilian (non-military) for the US government, but only when required by law and when asked to do so

Special Changes to the Oath

In some cases, if you can give the USCIS enough proof that your religion and beliefs don't allow you to take the official oath, you may be allowed to take the oath without the:

  • Promise to bear arms on behalf of the US
  • Promise to perform civilian (non-combatant or non-military) services or duties for the US government, or
  • Words "on oath." Instead, you can use the words, "and solemnly affirm"
  • Words "so help me God"

Also, the USCIS may waive the oath requirement if an applicant has a physical or developmental disability or mental impairment that makes it impossible for him to understand the meaning of the oath.

Questions for Your Attorney

  • I'm 33 years old. I've been in the US legally for the past eight years, and I now want to become a US citizen. I never registered for Selective Service. Will that ruin my chances of becoming a citizen?
  • My religious beliefs won't allow me to kill another human being for any reason. What kind of proof or documents do I need so that I can take the Oath of Allegiance without the promise to bear arms for the US?
  • I fled my home country because I was afraid that I would be forced to serve in the army, like many young men in my country are forced to do. Will that hurt my chances of becoming a US citizen?

Related Resources on Lawyers.comsm
- Good Moral Character is Needed for Naturalization
- English and Civics Requirements for Naturalization
- Citizenship
- Find an Immigration Lawyer in your area
- Selecting a US Immigration Lawyer
- Visit our Immigration: U.S. Issues Message Board for more help


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