U.S. INS Implements
New Guidance to Improve the Review
of Naturalization Cases of Applicants with Disabilities
WASHINGTON -- In an effort to promote fairness and consistency
in the adjudication of naturalization cases of applicants with
disabilities, the Immigration and Naturalization Service (INS)
last week provided its field offices with comprehensive policy
guidance for the review of Forms N-648, Medical Certification for
Disability Exceptions. INS worked closely with community-based
organizations that have experience with disability waiver issues
to develop this guidance. The guidance will enhance the ability
of INS adjudicators to properly examine medical waiver forms by
clarifying issues that may have been confusing and complex.
"This is a step forward for INS as we continue to find
new ways to address some of the more complex citizenship cases in
a more timely and customer-oriented manner," said INS
Commissioner Doris Meissner. "The new policy guidance will
improve our ability to make fair, compassionate and consistent
decisions on the citizenship applications of persons with
disabilities."
On March 19, 1997, INS published a final rule in the Federal
Register that exempts persons with disabilities from the
English and civics requirements for naturalization, if they have
a "medically determinable" physical or developmental
disability and/or mental impairment that prevents them from
meeting these requirements. The new guidance highlights and
clarifies the following issues:
- Medical Certification. Medical doctors
(including general practitioners or family doctors),
clinical psychologists, and, as of March 22, 1999,
doctors of osteopathy are authorized to complete the
medical waiver form (N-648). The guidance reiterates that
doctors who complete the Form N-648 must establish that
the applicant has a physical or developmental disability
or mental impairment that has impaired an individual's
functioning so severely that the individual is unable to
learn or demonstrate knowledge of English and/or U.S.
history and government (civics). The doctor must clearly
address the connection between the applicant's diagnosed
condition and how it affects the applicant's ability to
learn or demonstrate the required knowledge. The new
guidance for the first time provides several examples of
insufficient and sufficient responses to question 3
(findings and medical opinion) on the Form N-648.
- INS Review of Medical Certification. The
guidance clarifies and stresses that INS adjudicators
should not question the doctor's diagnosis, nor should
they require doctors to provide an explanation of how
they reached their diagnosis. Adjudicators must determine
if the Form N-648 contains sufficient information and the
doctor has clearly established the connection between the
medical condition and the applicant's ability to learn or
demonstrate knowledge of English and civics.
- Timeliness of the Form N-648. The guidance
reiterates that if the Form N-648 is submitted to the INS
(i.e. with the naturalization application Form N-400 or
presented at the interview) within six months of when it
was completed by the doctor, the form is valid and never
expires. If the first Form N-648 is not accepted, INS
requests a second or amended Form N-648 by a certain
date. The new guidance establishes for the first time
that if the applicant submits the second or amended Form
N-648 to INS by the required date, that form is valid for
an indefinite period of time.
- Interview Process. The guidance clarifies
the interview process for applicants who submit a Form
N-648, and specifies when they should be tested on
English and civics if the Form N-648 is not acceptable.
To promote consistency and help reduce the number of
applicant visits to INS, the new guidance now specifies
that applicants who appear for an initial interview and
whose medical waivers are not accepted will be tested for
English and civics. Those applicants who are unable to
understand English and/or who do not pass the tests will
be given one more opportunity to present an acceptable
Form N-648 and to meet the English and civics
requirements.
- Accommodations for the Oath of Allegiance.
Applicants with disabilities who are granted medical
waivers are still required to meet all other requirements
for naturalization including taking the Oath of
Allegiance. The new guidance reiterates previous
direction that adjudicators must make reasonable
accommodations to allow applicants with disabilities to
demonstrate that they understand the nature of the oath
and agree to it. Such accommodations can include
simplifying questions or allowing the applicant to use
predetermined physical motions or signals (such as
blinks.)
- Other Reasonable Accommodations and Modifications.
The new guidance details other reasonable accommodations
that should be made for persons with disabilities. These
include accommodations for signatures on naturalization
forms as well as modifications to test administration for
English and civics and the actual interview process (i.e.
providing a sign language interpreter upon request).
- Denials of Disability Cases. The new
guidance provides sample language to help adjudicators
properly advise applicants of the reasons for the denial
of naturalization applications, including the reasons why
the Form N-648 was not accepted.
-- INS --
Last Modified 4/14/99