[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR337.2]

[Page 781]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 337--OATH OF ALLEGIANCE--Table of Contents
 
Sec. 337.2  Oath administered by the Immigration and Naturalization Service or an Immigration Judge.

    (a) Public ceremony. An applicant for naturalization who has elected 
to have his or her oath of allegiance administered by the Service or an 
Immigration Judge and is not subject to the exclusive oath 
administration authority of an eligible court pursuant to section 310(b) 
of the Act shall appear in person in a public ceremony, unless such 
appearance is specifically excused under the terms and conditions set 
forth in this part. Such ceremony shall be held at a time and place 
designated by the Service or the Executive Office for Immigration Review 
within the United States and within the jurisdiction where the 
application for naturalization was filed, or into which the application 
for naturalization was transferred pursuant to Sec. 335.9 of this 
chapter. Such ceremonies shall be conducted at regular intervals as 
frequently as necessary to ensure timely naturalization, but in all 
events at least once monthly where it is required to minimize 
unreasonable delays. Such ceremonies shall be presented in such a manner 
as to preserve the dignity and significance of the occasion. District 
directors shall ensure that ceremonies conducted by the Service in their 
districts, inclusive of those held by suboffice managers, are in keeping 
with the Model Plan for Naturalization Ceremonies. Organizations 
traditionally involved in activities surrounding the ceremony should be 
encouraged to participate in Service-administered ceremonies by local 
arrangement.
    (b) Authority to administer oath of allegiance. The authority of the 
Attorney General to administer the oath of allegiance shall be delegated 
to Immigration Judges and to the following officers of the Service: The 
Commissioner; district directors; deputy district directors; officers-
in-charge; assistant officers-in-charge; or persons acting in behalf of 
such officers due to their absence or because their positions are 
vacant. In exceptional cases where the district director or officer-in-
charge determines that it is appropriate for employees of a different 
rank to conduct ceremonies, the district director or officer-in-charge 
may make a request through the Commissioner to the Assistant 
Commissioner, Adjudications, for permission to delegate such authority. 
The request shall furnish the reasons for seeking exemption from the 
requirements of this paragraph. The Commissioner may delegate such 
authority to such other officers of the Service or the Department of 
Justice as he or she may deem appropriate.
    (c) Execution of questionnaire. Immediately prior to being 
administered the oath of allegiance, each applicant shall complete the 
questionnaire on Form N-445. Each completed Form N-445 shall be reviewed 
by an officer of the Service who may question the applicant regarding 
the information thereon. If derogatory information is revealed, the 
applicant's name shall be removed from the list of eligible persons as 
provided in Sec. 335.5 of this chapter and he or she shall not be 
administered the oath.

[60 FR 37803, July 24, 1995]