Update on Naturalization Applicants and Disability
Posted Jun 16, 1998
The Office of Naturalization Operations issued a Memorandum in May 1998 to all its INS field offices and the four Service Centers by providing an update on the disability provisions for those applying for naturalization.
Section 312 of the Immigration and Nationality Act provides that the INS can allow those with disabilities to apply for naturalization and the local offices should try and accommodate those with disabilities as long as such persons with disabilities fulfill certain criteria and all such persons should understand the oath of allegiance to the U.S. Constitution.
This March 16, 1998 Memorandum clarifies that the Naturalization Petition should be denied if the disabled applicant has a significant cognitive impairment so that he or she cannot demonstrate an understanding of the nature of the oath.
With respect to Signature on the Naturalization Forms, N-400, N-648, and the N-550, Certificate of Naturalization, with regard to the N-648, only the legal guardian (including a family member holding legal guardian status) may sign the N-648 on behalf of the disabled applicant.
While the legal guardian may sign the preparers box (Question 12 on the N-400), the guardian may not sign the N-400 on behalf of the applicant at the conclusion of the naturalization interview. INS will accept even some kind of mark from the applicant in place of the signature. In cases where the applicant is unable to make any type of mark, the INS can accept no signature as long as the person understands the nature of the Petition.
With respect to the Certificate of Naturalization, the legal guardian is not allowed to sign the Certificate and if the applicant is unable to make any type of mark, the INS may allow a notation to the effect that the: Person's Disability Prevents Signature.
INS is concerned that they may be receiving fraudulent medical certifications , though it is recognized that lack of information may result in a form being incomplete.
A blind or deaf naturalization applicant, requesting an exemption from the English language and/or civics requirements, must file the N-648 but must establish how the blindness or deafness prevents him or her from learning English and/or the civics information required by section 312. If acceptable to the INS, they will allow the exemption.
The INS has been attempting to accommodate disabled applicants. If an exception is not requested, the hearing-impaired applicant may use a sign language interpreter (an accommodation) during the interview and may read and write answers to civics questions if they are not requesting an exception. An applicant who is blind may respond orally to questions on civics, and is not expected to read. Similarly, an applicant who is quadriplegic may be able to speak and read English, but the INS will not expect such a person to write.
An applicant with a disability who has limited English verbal skills (in particular those with mental impairments) is expected to read and write English. Such an applicant will still need an N-648 for the exception, but the interview does not need to be in the native language if the applicant has the English verbal skills to answer the necessary questions.
The INS recognized that the naturalization interview can be a stressful experience and that it is in the interest of the INS to include a family member or guardian in situations where the family member can calm or defuse a situation that might become confrontational.
INS hopes to implement direct mail filings for N-400s Servicewide. All N-648s must be filed with the N-400 when direct mailed to the Service Center.
It is important to keep in mind that naturalization applicants with disabilities must meet all other statutory requirements.
There are several rules applicable to disability applicants. It is useful to utilize the services of an attorney. If a person requires to discuss provisions re disability or even to recommend an attorney in the local area for attending an interview, please contact the Law Office of Sheela Murthy by e-mail us at law@murthy.com or call us at 410-356-5440. We will be happy to help. © The Law Office of Sheela Murthy, P.C.
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