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< Back to current issue of Immigration Daily <Back to current issue of Immigrant's Weekly Dear
Editor: The
New York District of the INS has stepped up its use of a certain sadistic
practice at naturalization ceremonies.
All candidates for swearing-in come to the ceremony with a form asking
whether or not, since the interview, they have remarried, traveled, committed a
crime, become a Communist, practiced polygamy, etc. “Yes” “No” boxes are checked off. The signed form is handed in just before the ceremony. The New York District officers have taken it
upon themselves to ask the questions orally.
If a candidate stumbles on the questions (which is not unusual if the
questions are asked verbatim and rapidly) or just freezes up, more questions
follow. If the DAO decides that the
candidate does not speak adequate English, the candidate is sent home. This is followed by an INS motion to reopen
and an instruction to come back for another test. The only basis for reopening under the law is the receipt of
"derogatory" information. The
New York District has taken the position that an indicated inability to speak
English at the ceremony is "derogatory" information. Most of my clients are Chinese and many (if
not most) of the rejects at the ceremony are Chinese. I believe that this second English test at the ceremony violates
the INS law and regs and local case law. What should be a glorious and proud
day becomes a day of disappointment and humiliation. I am wondering if your readers have experienced this sadistic
practice in other districts. John L. Moncrief Immigration Lawyer  Share this page | Bookmark this page | Print this page |  Add to del.icio.us
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