Aware of medical disability exception option from tests during process of becoming a citizen in US?

disabled immi law

 

Due to any physical, developmental disabilities or any kind of mental impairment for the applicants who are not able to meet the educational requirements in 1994 Congress had passed a legislation which provides an exception to educational requirements in the process of becoming a citizen in US.

For applicants filing US citizenship application who are unable to fulfill due to any physical, developmental disabilities or any kind of mental impairment which was ‘medically determinable’ that has or will last for at least 12 months the English and civics requirements will not apply. By acceptable clinical or laboratory techniques ‘medically determinable’ determination are made which is defined by regulations.

Who can file for medical exception?

His/her inability to express the educational requirements needed for naturalization must be displayed in such a way that the disability or impairment of the applicant affects the performance of the individual. In order to request for an exception to the educational requirements for naturalization illiteracy will not be acceptable as a valid reason. For any ‘medically determinable’ physical, developmental disabilities or any kind of mental impairment advanced age of and in itself is not a reason additionally.

As an attachment to the naturalization application Form N-648, medical certification for disability exceptions must be submitted by an applicant seeking an exception to the educational requirements. The form should be completed only by a licensed medical professional. The applicant’s medical condition which prevents him/her to meet the English or civics requirement or both of them should be certified by the medical professional.

Concurrent filing of both the naturalization application and the disability based exception form are not allowed by United States Citizenship and Immigration Services (USCIS) for certain circumstances. So during any part of the naturalization process which includes after filing of the application but before the first examination or while the first examination is happening accordingly applicant may file for disability exception. Also either during the reexamination that occurs after the first examination of the applicant was rescheduled or after denial of the naturalization application when rehearing will take place the disability exception application may be filed by the applicant.

Difference between accommodation and medical exception

To the naturalization examination process request for exception is different from requesting an exception to the English and civics requirements. From the educational requirements complete exemption is given by an exception to the English and civics requirements. On the other hand to the manner in which an applicant meets the educational requirements are simply modified by an accommodation. From the educational requirements complete exemption is not given to the applicant.

Provision for sign language interpreters, extension to the time for testing and testing at an offsite location are some of the reasonable accommodations included.  Even with reasonable accommodations applicant should show that his/her medical condition prevents him/her from meeting the English and civics requirements in order to be eligible for a disability exception. Form N-648 must be in such cases for medical exception from educational requirements required for naturalization in US.

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1 Comment

  1. I’m very happy to read this. This is the kind of manual that needs to be given and not the accidental misinformation that’s at the other blogs. Appreciate your sharing this best doc..watch

    Reply

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