In re Naturalization of Scaccio

Use Scaccio is the alien wife of an American Citizen member of our armed forces. She has petitioned for naturalization. § 319(b) Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1430 .

She has established to the satisfaction ■of the Court that she is opposed to any type of service in the armed forces of the United States by reason of religious training and belief.

She, being otherwise fully qualified for ■citizenship, wishes to take the oath required by § 337 of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1448 , “to perform work of national importance under civilian direction when required by the law”, but subject, however, to her expressed reservation that: “I would do some things and some things I would not do.”

In substance, she wishes to reserve the right to choose the kind of work she will ■do, depending upon whether, in her judgment, such work is related to munitions and implements of war.

The Naturalization Examiner has recommended that her petition be denied because the petitioner has mental reservations and thus is equivocal as to the oath.

Petitioner contends that the oath to “perform work of national importance under civilian direction when…