Lessons to learn for naturalization interview (Part 1)

Just this week, I sat in with a client in his naturalization interview. Usually in appointments like this, the lawyer just sits in the back, listens to the whole proceeding and only interjects when there are questions of law or when there are points that need to be clarified. But generally, it is the client applicant who does most of the talking and answering. After all, it is his application which is being considered and not the lawyer's.

Through the years of my practice, I have attended naturalization interviews which were quite instructive. Here are some instances that could give you insights on how you go about your own appointment as well.

1.) Before any interview at the USCIS, the applicant is asked to raise his/her right hand and if he/she swears to tell the truth and nothing but the truth. This is the act of making an oath. Now, I had this client of Chinese descent who can barely speak, understand, and read English. A few months before the interview, I coached, tutored and worked with her almost every day on her English as passing the English exam was the only thing that was needed for her to become a US citizen. Take note, this was her fourth exam (I was her fourth lawyer) and everyone was expecting her to make it this time. As soon as we were called, she was asked to do the oath, which she had no problems doing in her past three interviews. I was also confident that she knew what she was doing as that was part of our months-long preparation. Then suddenly the officer asked her: “Do you know what you just did?” She said yes. She was asked again: “What were you doing?” And then of course, she just could not effectively convey what she was trying to explain with her limited English. The officer then looked at me and said: “Counselor, I do not think we can proceed as it is obvious that your client does not understand what an oath is.” I responded that she understands what an oath is and perhaps we can be more lenient and creative in asking her what an oath means. She probably cannot explain what an oath is the way we can but for sure she knows what is a lie or truth and what the consequences would be if she tells a lie during the interview. Much as I did my best to exhaust all my legal and personal persuasions, still we were not able to proceed with the interview.

Lesson 1: Know what you are doing. A simple act like an oath, which for many of us is just a perfunctory gesture, still means a lot to USCIS. To know what it is and why it is done is crucial as illustrated in the above case.

This column is not a substitute for professional legal advice obtained from a US-licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader’s specific immigration case. No attorney-client relationship is and shall be established with any reader.

For any questions, comments and observations, please contact Atty. Marco Tomakin at [email protected]