After applicant files the Form N-400 for US citizenship due to any mental or physical impairment he/she can file for an exception fromcitizenship tests in the process of becoming a US citizen. If the form is found sufficient the process of naturalization would be completed normally and applicant is issued citizen certificate. Sometimes the medical exception Form N-648 filed would be found insufficient by the USCIS officer. If the form has not been completed properly, no proper explanation is given about applicant’s medical condition because of which he/she is not able to meet the civics, English or both requirements the officer decided the request for exception is insufficient. Also if there is discrepancy between names of the naturalization applicant and the name on form filled by the medical professional requesting for exception the officer decided Form N-648 is insufficient for granting exception.
Decision on exception request at different levels
Initial interview level
If the applicant who is not qualified for exception has passed the same English and Civics Tests the officer will check if the applicant meets with the rest of the eligibility requirements and proceed with the naturalization examination. Just for the only reason that the applicant after submitting the disability exception form has passed the same English and civics tests the officer should not determine that the applicant has no good moral character (GMC) or was engaged in any kind of fraud. With regards to the applicant’s relationship with the medical profession who filled the exception form and about the reason for filing it questions will be asked by officer to the applicant though.
If the applicant doesn’t qualify for the disability exception and also fails the citizenship tests, regarding the issues with the exception form for medical disability a request for evidence must be issued by the USCIS officer. A second chance should be given to applicant to meet English and civics requirements within 60 to 90 days of the initial examination by rescheduling a re-examination by the USCIS office.
A request for evidence (REF) mentioning the deficiencies of the form must have been issued by the officer if an applicant’s disability exception form was found to be insufficient at the initial examination by an officer. The evidence which is submitted in response to the REF issued at the initial examination must be reviewed by the officer conducting the re-examination. If during the re-examination the applicant is submitting disability exception form for the first time the officer administering reexamination should review it and determine if its sufficient or not. If form is found sufficient the applicant should be exempted from educational requirements and using an interpreter the officer should proceed with the naturalization examination.
The officer should give another opportunity to the applicant to take the English and civics tests if the form is found to be insufficient by the officer. If in response to the REF the evidence submitted is found insufficient the officer should proceed with the reexamination in English and not consider the disability exception form submitted. Second opportunity to take any portion of the English and civics tests that applicant previously failed must be provided by the officer. No third opportunity to neither take the tests nor file exception form.
Based on the applicant’s failure to meet the educational requirements for naturalization and if he/she fails any portion of the test or declines to answer the test question during reexamination the officer must deny the naturalization application. Reasons for finding the medical exception form insufficient must be provided in detail in the denial notice by the officer.
Hearing on denial stage
Including a review on the disability exception forms submitted an officer may conduct during the hearing on the naturalization denial a full hearing from scratch on a denied naturalization application. Additional documents can be submitted for review at the hearing including a new disability exception form by an applicant at the hearing. So again Form N-648 is checked for sufficiency and if found insufficient retest on any portion of the test failed previously by the applicant should be done by officer.
Case of inconsistency and falsification
Questions about whether even the certifying medical profession examined the applicant may arise in some cases. If certifying medical profession did not examine the applicant of the form or if the naturalization applicant is different from the applicant on exception form the officer according to inconsistency and falsification found by the officer the disability exception form should be found insufficient. Such fraud cases should be referred to Fraud Detection and National Security (FDNS) by the officer after consultation with the supervisor. Such fraud findings should be explained in the denial notice by the officer.
Posted by immigratingtousa on April 3, 2013
Under special provisions of the Immigration and Nationality Act (INA) on the basis of their marriage spouses of the United States citizens would be eligible for naturalization which includes overseas processing too. The general naturalization requirements have to be met by spouses of US citizens generally. Modifications to these requirements are provided though by the special provisions.
Following are those various provisions:
- Applicants who have resided in the United States for at least five years after becoming a lawful permanent resident (LPR) and are spouses of US citizens may naturalize under the general naturalization provisions. It’s also important to renew green card on time. In order to hold a valid green card applicants should opt to at least renewing your green card online.
- After residing in the United States for three years after becoming a lawful permanent resident rather than five years that’s generally required spouse of a US citizen may naturalize.
- Without residing the required period or any physical presence in the United States after becoming a lawful permanent resident spouse of a US citizen who is working abroad for the US government which also includes the armed forces or other entities which are qualified may become a citizen in the United States.
- For purposes of the general five year or three year provisions for spouses spouse of a US citizen serving abroad in the US armed forces may complete naturalization process abroad while staying with his/her spouse. In such cases time spent outside US is considered under residence and physical presence in the United States.
- After becoming a lawful permanent resident without any required period of residence or physical presence surviving spouse of a US citizen who dies during honorable service period in an active duty status in the US armed forces or who was granted posthumous citizenship may naturalize in United States.
On the basis of being battered or after being subjected to extreme cruelty by their US citizen spouse those who obtained lawful permanent resident status as spouses, former spouses or intended ones may additionally file for naturalization in US.
Information on background
Reflections of the legislation dated back to 1922 are the latest provisions for naturalization for the spouse of US citizens. Before naturalization the requirement for the spouse of a US citizen to wait for five years were considered inefficient and undesirable by the Congress. To include a period of three years of residence requirement an amendment was further made by Congress in 1934.Substantially similar to the 1922 and 1934 acts Congress incorporated provisions in 1940 into the Nationality act of 1940.
In order to facilitate the naturalization process for spouses of US citizens and to provide the spouses with the protections which US citizenship could afford is what is in today’s statutes and a reflection of the long standing aim of the Congress.
Posted by immigratingtousa on April 3, 2013
From United States Citizenship and Immigration Services (USCIS) applicants are eligible to receive a certificate documenting their US citizenship who either meet the eligibility requirements to derive or obtain citizenship or who become naturalized United States citizens. For issuance of a certificate the burden of proof to establish that he or she meets all of the relevant eligibility requirements is on the applicant. An official record issued to an applicant who has obtained citizenship at the time of birth or derived it after birth is the Certificate of Citizenship. To the applicant who is a naturalized US citizen the official record issued is the Certificate of Naturalization.
To minimize the unlawful distribution and falsified use of certificates USCIS guards the physical security of the certificates strictly. If you wonder what to do if you lost your naturalization certificate you could get it replaced filing Form N-565. Same is the case if you want to know how to get a duplicate US citizenship certificate from USCIS.
Who gets certificate?
To obtain from USCIS a Certificate of Citizenship or a Certificate of Naturalization generally a applicant should follow steps mentioned below:
- Along with the supporting evidences appropriate form like Form N-400 should be filed.
- If required applicant might have to appear for an interview before an officer.
- As evidences by approval of the form by USCIS applicant should meet the relevant eligibility requirements and
- Lastly if required take the Oath of Allegiance.
To administer during the oath ceremonies under administration of USCIS the Oath of Allegiance and to issue certificates authority has been delegated among the USCIS District Directors, Field Office Directors, and other acting USCIS officers on their behalf.
Information on legal authorities
Authority for naturalization and issuance of certificates is according to Immigration and Nationality Act (INA) Section 310(b) (4) title 8 of Code of Federal Regulations. INA Section 332 (e) title 8 of CFR regulates the Certificates of Citizenship and Naturalization issuance. INA Section 338 title 8 of CFR regulates the content and certificate of naturalization issuance. INA Section 340 (f) title 8 of CFR regulates after revocation of naturalization the cancellation of certificates. INA Section 341 title 8 of CFR is responsible for Citizenship certificates. Lastly the Immigration and Nationality Act (INA) Section 342 title 8 of CFR is responsible for cancellation of certificates, related documents and records administration.
When and how will certificate be issued?
After a person’s application is approved and has taken the Oath of Allegiance in presence of a designated USCIS officer if required generally the Certificate of citizenship is issued by USCIS. Before issuing it should be ensured that the Alien Registration Card (ARC) or Permanent Resident Card (PRC) has been surrendered which is an evidence for applicant’s lawful permanent residence. Requirement of surrendering the card may be waived off by USCIS if person proves that the card got destroyed or lost. After the approval of naturalization application the USCIS issues the certificate if USCIS waives for a person the oath requirement. If applicant is below 18 years of age USCIS issues the certificate in person or may also send by certified mail to the parent or guardian in such cases. For persons 18 years and above of age the certificate is given in person or to a guardian if applicable.
Posted by immigratingtousa on April 3, 2013