Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
His petition must be accompanied by the affidavits of precisely
_two_ witnesses, who must accompany him personally when he files his
petition, and must accompany him again, ninety days or more later,
when his case comes before the court for hearing. _Two, only two, and
the same two._ Only in case one of them dies, or moves out of the
jurisdiction of the court, is he allowed to substitute. Each witness
must be a native or naturalized citizen of the United States, and
must swear to that fact. And each must swear that he has known the
petitioner during the whole period of five years of residence within
the state, or of one year in the state if he lived previously in
other states, and satisfy the court that he has seen the petitioner
frequently enough to know that his residence has been continuous and
his conduct such as to warrant his admission to citizenship. Some
judges require the witnesses to have seen the petitioner virtually
every day, “constantly, as a neighbor”; “at least once a week,” for
five years. The examination of the witnesses is frequently more
severe, if possible, than that of the petitioner himself; for the
law requires them to be “credible.” If a witness can be shown by
the naturalization examiner to be of dubious moral character, the
court probably will deny the petition verified by him, and leave the
petitioner with only one witness. He must have two, and he cannot
substitute a better one!
In a state which has allowed aliens to vote upon their declaration
of intention, innumerable foreign-born persons have in good faith
believed themselves to be citizens. If such a person appears as a
witness for a petitioner, the petition is denied--properly enough,
except that the petitioner might easily produce a substitute who
could not be objected to; but no, he must have not only exactly two,
but _the same_ two, throughout the proceeding. Or, if one or both
of these particular witnesses turn out to be honestly mistaken in
thinking they have known the petitioner for the whole five years; if,
for example, it turns out that they could not have known him more
than four years and nine months--the petition is denied; “incompetent
witnesses.” In the fiscal year ending June 30, 1918, more than 2,300
petitions were denied for this cause, and it is safe to say that,
in a very large majority of the cases, the witnesses were acting in
perfect good faith.
The practice cuts very close. _In re_ Welch (159 Fed., 1014), decided
in 1908, reports a case in which it was shown that a witness had not
known the petitioner for five years at the time of the filing of the
petition, but had known him for five years by the time the hearing
was had. In that case the court permitted amendment of the date of
the petition, but required a fresh posting.
Public-domain text, read in full here on John Shaqi.
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