The Naturalization Process for Clients with Disabilities
by: Northwest Immigrant Rights Project
While applicants for naturalization will ordinarily be required to demonstrate some English language proficiency and knowledge of U.S. history and government, certain disabilities may exempt an applicant from those requirements. The types of disabilities that may qualify for an exemption (also called a disability waiver) include mental and developmental, as well as physical, impairments. There is no set list of qualifying disabilities. However, the applicant will have to establish that his or her disability prevents him/her from being able to learn or demonstrate knowledge of the English and/or U.S. history and government requirements.
A person applying for citizenship who seeks a disability waiver needs to provide proper documentation of the disability by submitting a Form N-648, Medical Certification for Disability Exceptions, completed by a medical provider. The U.S. Bureau of Citizenship and Immigration Services (USCIS, formerly called INS) will only accept N-648s completed by medical doctors, licensed clinical psychologists, or osteopaths.
All clients, even those who you think may be too disabled to meet the requirements, should have the opportunity to prepare themselves for the process of becoming a U.S. citizen. Do not assume that you can reliably attribute your client's difficulty with learning the necessary material to a disability that would exempt him/her from the requirements. Instead, where at all possible, discuss the naturalization process with your client, advise him/her of the availability of ESL and citizenship classes, help him/her find tutoring and whatever other services are available. Unless the effort itself exacerbates the client's condition, encourage him/her to learn as much English and as much of the civics content as possible. Even where your client is unable to study at all due to his/her disability, every effort should be made to discuss with caregivers or members of his/her family the benefits, requirements and process of becoming a U.S. citizen. All of this can help demonstrate your client's determination to become a citizen.
The following checklist can help you assist your client in obtaining a disability waiver
· Help your client determine his/her eligibility for citizenship. Does he/she meet the basic requirements of citizenship: age, legal permanent residency, length of residency, good moral character? If he/she has already filed an application for citizenship, ask for a copy, and find out if his/her application was reviewed by someone trained to spot potential legal problems.
· Find help for your client in completing the citizenship application. The disability waiver only exempts an applicant from the English and U.S. history and government requirements; otherwise, the process is identical to that for all applicants, including completion of the N-400 citizenship application. It is important that the information on the N-400 be complete and accurate; your client may need help filling it out.
· Determine whether your client would benefit from citizenship services. If your client expresses concern about the English and civics requirements, ask whether he or she has been attending ESL/naturalization classes and, if so, for how long. Many clients may simply become discouraged and feel that they are unable to learn. Explain that it can take a long time to learn a new language and materials, and encourage your client to continue attending classes. There are a number of classes offered in the Seattle area for all levels of English fluency and literacy.
· If your client does have a disability, determine whether an accommodation would enable him/her to fulfill the English and civics requirements. USCIS is required by law to provide reasonable accommodations that would allow an applicant to meet the requirements for naturalization. If your client says he/she is unable to meet the English and/or civics requirements because of a disability, ask him/her whether there is any accommodation that would allow him/her to meet these requirements. Examples of accommodations include having a sign language interpreter, having all questions written down, or being given extra time to answer questions. If the client does seek some accommodation, you should obtain a letter from the client's doctor documenting the need for the accommodation.
· If as a result of a disability your client is unable to demonstrate knowledge of English and/or civics, even with a reasonable accommodation, obtain diagnosis and documentation of his/her disability from his/her regular, primary care or mental health care provider on Form N-648. The client's primary care physician or mental health professional usually is the best person to complete the N-648, as he or she will be the most familiar with the client's condition. You will probably need to acquaint the primary care provider with the USCIS guidelines. If appropriate, you may want to request a referral for the client to be evaluated by a psychiatrist or mental health professional.
· Consider referring your client for legal assistance. Both Northwest Immigrant Rights Project and Northwest Justice Project provide legal assistance in some cases to naturalization applicants seeking a disability waiver. Attorneys or advocates with these agencies can help explain the requirements to your client's doctor and can represent your client at the USCIS interview. It is often extremely difficult for applicants with disabilities to obtain a disability waiver without legal representation.
· Determine whether the N-648 has been submitted. The N-648 should normally be submitted along with the client's N-400. However, it is possible to submit an N-648 at the client's naturalization interview. The client should be encouraged to speak to his or her doctor as soon as possible to determine whether a waiver would be appropriate, rather than waiting until the last minute. Doctors are often extremely busy and may require weeks to schedule an appointment with the client and complete an N-648.
· Determine whether your client needs to take the oath of allegiance. Generally, naturalization applicants are required to take an oath of allegiance to the United States. If an applicant's doctor believes the applicant understands the oath, the doctor should state this on the N-648 form. Applicants with disabilities that prevent them from understanding and taking the oath may be able get a waiver, but they have to submit documentation showing they qualify. If an applicant seeks an oath waiver, please refer him/her for legal assistance (see above).
Remember, those exempted from the English language requirement need to bring their own interpreter, who is not a family member, to the interview.
Updated by Northwest Immigrant Rights Project, 9/2003.
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