Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
Where either or both of the original subscribing witnesses to
a petition for naturalization, or those giving evidence by
deposition in support thereof, shall be found to be incompetent
or not qualified to establish the proof of residence, good moral
character, or other evidence required by law, the petitioner may
substitute other qualified and competent witnesses at, or prior to,
the final hearing. The hearing of the petition may be continued
for this purpose and the names of the substituted witnesses may be
ordered publicly posted, in the discretion of the court, if such
posting shall be deemed necessary. Any petition for naturalization
may be amended to correct manifest errors appearing therein and
made in good faith.
DEPOSITIONS OF WITNESSES
Mr. Raymond F. Crist, then Deputy Commissioner of Naturalization,
in testimony before the House Committee on Immigration and
Naturalization, prior to the enactment of the Act of May 9, 1918,
stated that the Naturalization Service was habitually represented at
the taking of the depositions by which a petitioner is permitted to
prove his residence in states other than that in which the petition
is filed. This must have been a slip of the tongue, for it is very
far from being in accordance with the facts. Such a course would
be a physical impossibility, especially in the present and past
short-handed condition of the field service. As a rule the notaries
public who attest these depositions are designated by the several
chief examiners; but many of them are in small places, to which
examiners never go. In point of fact, in most cases, the depositions
are not viséd in any way whatever, so far as the naturalization
machinery is concerned, or examined at all until the judge reaches
the particular case. They go direct from the notary to the court in
which the petition is to be heard, in a sealed envelope which is
not expected to be opened until the day of the hearing--unless the
court has, by specific order, authorized the naturalization officer
to open and examine them. A very considerable number of them--one
person familiar with the practice estimated the percentage as high as
75 per cent--are defective in some particular; the same authority
thought at least 40 per cent of them would be so defective as to
render them, under strict construction, inadmissible as evidence.
For example, they will fail to assert that the deposing person has
known the petitioner during the required period of time; or will not
say, categorically, that the affiant is himself a citizen of the
United States. As a rule, it is not until the affidavits are examined
in open court by the judge or examiner that their insufficiency
is disclosed, for the first time, to the petitioner. He may not
be admitted until the papers have gone back for correction, or a
new set prepared. That sometimes means a delay of six months, a
year, or even longer--a very serious matter to a petitioner upon
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account