Can the English and/or civics requirements of Naturalization be waived due to a physical or developmental disability or mental impairment?
In general, applicants for naturalization ( acquiring citizenship after attaining permanent residence status) must demonstrate the ability to read, write, and speak in the English language.
They must also show a knowledge and understanding of the fundamentals of U.S. history and the principles and form of government of the United States. Together, these are known as the English and civics requirements for naturalization.
There is an exception however. Under U.S. Immigration laws, applicants are not required to fulfill the English and/or civics requirements if the person is unable to do so because of a physical or developmental disability or mental impairment(s). See, Immigration and Nationality Act (INA) 312(b)(1).
Thus, applicants may seek an exception to the English and/or civics requirements due to a physical or developmental disability or mental impairment that has lasted, or is expected to last, 12 months or more. Examples of a mental impairment would be dementia, Alzheimer’s Disease, or a cognitive disability resulting from a brain injury. Examples of a developmental disability would be Downs Syndrome and autism.
An applicant for naturalization seeking an exception to the English and/or civics requirements for naturalization because of a physical or developmental disability or mental impairment(s) should submit form N-648 ( Medical Certification for Disability Exceptions) at the time he or she files an N-400, Application for Naturalization, with USCIS.
When submitting an N-648 form ( Medical Certification for Disability Exceptions), it should be completed by a medical doctor who has treated the applicant for the physical or developmental disability or mental impairment(s).
N-648 form ( Medical Certification for Disability Exceptions), should contain information about the medical doctor’s medical specialty, the medical doctor’s diagnosis of applicant’s physical or developmental disability or mental impairment ( essentially this is what is wrong the applicant), a description of what the diagnosis is, the cause of the disability, the medical treatment provided by the doctor, and whether the disability shall is expected to last more than 12 months.
When writing information about the diagnosis in the N-648 form, the medical doctor must include the DSM-IV code. Otherwise, the application may be rejected. DSM-IV Codes are the classification found in the Diagnostic and Statistical Manual of Mental Disorders which a neurologist or psychiatrist should have.
It is also a good idea to attach narrative medical records which state the diagnosis and prognosis and outlines the objective testing performed by the medical doctor or on behalf of the doctor which support the diagnosis. Include also any diagnostic reports ( such as radiology MRI and X-Ray reports, or neurological EMG and NCV reports) to support the N-648 form ( Medical Certification for Disability Exceptions.
Lastly, if the citizenship applicant is unable to take the oath or answer questions competently during the citizenship interview because of a mental impairment or developmental disability, the medical doctor should state that on the N-648 form. Otherwise, the application may be rejected for failure to complete the interview.
Christopher Tompkins is an Immigration Attorney that has been handling Citizenship and Green Card Matters for over 20 years in New York City for residents of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Contact him at 212 962-5363.
Email: [email protected]
Visit his website at http://www.ny-immigration-lawyer.net/
In general, applicants for naturalization ( acquiring citizenship after attaining permanent residence status) must demonstrate the ability to read, write, and speak in the English language.
They must also show a knowledge and understanding of the fundamentals of U.S. history and the principles and form of government of the United States. Together, these are known as the English and civics requirements for naturalization.
There is an exception however. Under U.S. Immigration laws, applicants are not required to fulfill the English and/or civics requirements if the person is unable to do so because of a physical or developmental disability or mental impairment(s). See, Immigration and Nationality Act (INA) 312(b)(1).
Thus, applicants may seek an exception to the English and/or civics requirements due to a physical or developmental disability or mental impairment that has lasted, or is expected to last, 12 months or more. Examples of a mental impairment would be dementia, Alzheimer’s Disease, or a cognitive disability resulting from a brain injury. Examples of a developmental disability would be Downs Syndrome and autism.
An applicant for naturalization seeking an exception to the English and/or civics requirements for naturalization because of a physical or developmental disability or mental impairment(s) should submit form N-648 ( Medical Certification for Disability Exceptions) at the time he or she files an N-400, Application for Naturalization, with USCIS.
When submitting an N-648 form ( Medical Certification for Disability Exceptions), it should be completed by a medical doctor who has treated the applicant for the physical or developmental disability or mental impairment(s).
N-648 form ( Medical Certification for Disability Exceptions), should contain information about the medical doctor’s medical specialty, the medical doctor’s diagnosis of applicant’s physical or developmental disability or mental impairment ( essentially this is what is wrong the applicant), a description of what the diagnosis is, the cause of the disability, the medical treatment provided by the doctor, and whether the disability shall is expected to last more than 12 months.
When writing information about the diagnosis in the N-648 form, the medical doctor must include the DSM-IV code. Otherwise, the application may be rejected. DSM-IV Codes are the classification found in the Diagnostic and Statistical Manual of Mental Disorders which a neurologist or psychiatrist should have.
It is also a good idea to attach narrative medical records which state the diagnosis and prognosis and outlines the objective testing performed by the medical doctor or on behalf of the doctor which support the diagnosis. Include also any diagnostic reports ( such as radiology MRI and X-Ray reports, or neurological EMG and NCV reports) to support the N-648 form ( Medical Certification for Disability Exceptions.
Lastly, if the citizenship applicant is unable to take the oath or answer questions competently during the citizenship interview because of a mental impairment or developmental disability, the medical doctor should state that on the N-648 form. Otherwise, the application may be rejected for failure to complete the interview.
Christopher Tompkins is an Immigration Attorney that has been handling Citizenship and Green Card Matters for over 20 years in New York City for residents of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Contact him at 212 962-5363.
Email: [email protected]
Visit his website at http://www.ny-immigration-lawyer.net/
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