Authorized to file for disability exception for a US citizenship applicant?

doctor primary-health-care

 

In order to certify a disability exception form only licensed medical professionals are authorized by United States Citizenship and Immigration Services (USCIS) which includes medical doctors, osteopathy doctors and clinical psychologists. This exception form helps disabled applicants of US citizenship who are unable to meet the educational requirements. Applicants applying for American citizenship online also are eligible. In any state of the United States, Guam, Puerto Rico, Washington, D.C., the Commonwealth of the Northern Mariana Islands and the Virgin Islands these medical professionals should be licensed to practice.

What authorized medical professional does?

Following are the things a medical professional must do:

  • An in-person examination of the applicant must be conducted
  • On Form N-648 should properly explain the nature and extent of the medical condition
  • Applicant’s inability to comply with the English and civics requirements should be explained and also how it relates to his/her medical condition  
  • To show or prove that the medical condition has lasted or is expected to last at least 12 months attestation is required and 
  • Also to prove that illegal use of drugs is not reason for the cause of the medical condition attestation is required.

Using common terminology which a layman or a person who has no medical training can understand the medical professional must complete the disability exception form. Verification of the accuracy of the form’s content is the responsibility of the medical professional alone though a staff associated with the medical professional may assist in form completion. The supporting documents like the medical diagnostic reports and records must be attached to the form by the medical professional who certifies it. Written responses to each of the questions or item on the form must not be replaced by the attachments.

Points to remember by the officer

1. Review guidelines

To determine if the applicant is eligible for the exception an officer should review the disability exception form and decide if the applicant’s eligibility for the exception is sufficiently established by the form or not.

2. Completeness of Form to be checked

The disability form which is submitted must be checked for completeness by the officer and to make sure that all the required questions are answered by the medical professional and that along with the applicant he/she has certified the form. The officer should administer the English examination if all questions have not been answered or applicant or medical profession has not signed the form.

3. Medical Examination and Nexus

Focus should be on specific details provided by the medical professional if there is a nexus or casual connection between the applicant’s disability or impairment and his/her inability to express educational requirements for naturalization for the officer.

4. Interpreter Certification missing

On the disability exception form if the interpreter certification is not there the officer should confirm with the applicant if interpreter was used by medical professional during medical examination. Either the medical professional himself could have used native language during examination without or with interpreter.

5. Supplemental Disability Determination request

Supplementary disability determination should not be requested by officer generally and based on merits of original form evaluation should be done. In case from another medical professional supplementary disability determination form is requested the officer should explain reasons for doubting the authenticity of the information on the original form and also officer should consult and receive approval from his/her supervisor before requesting supplementary report. Also to facilitate the applicant’s ability to find another medical professional the relevant state medical board contact information should be provided to the applicant by the officer.

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Get to know about tests in the process of becoming a citizen in US.

US citizen test

 

One of the most important requirements for US citizenship is the English language knowledge. Next to the main eligibility requirements like 18 years of minimum age and being a green card holder with minimum 5 years presence in US for the process of becoming a citizen in US the educational requirements are verified. To determine if an applicant meets the English and civics requirements a naturalization test is administered by an officer.

The two components of the naturalization test are proficiency in English language and next US history and government knowledge. The ability of applicant to read, write, speak and understanding of English language is tested.  Testing of the US history and government knowledge forms part of the civics test.

Do I get to take a retest?

The initial examination and the re-examination interview are the two opportunities given to an applicant to pass both tests. Even after two attempts if the applicant fails in any portion of the two tests then USCIS will deny the naturalization application. Failed portion of the test must be administered by the officer again in case the applicant requests a hearing by USCIS on the denial.

Failure to appear for the testing re-examination, take tests at an examination or at a hearing are counted as attempts of failure to pass the test by an applicant unless USCIS excuses it.

Who qualifies for test exception?

From both the requirements of taking the English and the civics tests or any one of them applicant may be given exception. Following are scenarios when an applicant qualifies for such exceptions during naturalization.

1. Exception based on age and residency 

From the English language based test an applicant may be given exception but he/she still should pass the civics test if

  • At the time naturalization application is filed if the applicant is 50 years of age or older and lived in US for minimum 20 years as an lawful permanent resident; or
  • At the time of filing application for US citizenship if the applicant is 55 years of age or older and lived in US for minimum 15 years as a lawful permanent resident.

In the language of own choice the applicant is allowed to take the civics test with the help of an interpreter.

2. Civics test based exceptions

If applicant is 65 years of age or older and has been staying as a lawful permanent resident for minimum period of 20 years in United States at the time of filing for US citizenship special consideration with regards to civics test is given. Specific form for the test is administered for an applicant who qualifies for such special consideration.

3. Exception based on medical disability

Either from the civics requirement, English requirement or sometimes from both requirements exemption is given due to severe medical disabilities the applicant is not able to meet the English and civics requirements.

Under IRCA 1986 requirements

In order to be eligible for adjustment of status to a lawful permanent resident it’s mandatory according to the Immigration Reform and Control Act of 1986 (IRCA) for persons legalized under INA 245A to meet basic skill requirement for citizenship. In order to demonstrate basic citizenship skills an applicant was required to pass the English and civics tests which are administered by legacy Immigration and Naturalization Service (INS), now USCIS. If not by an INS authorized organization then applicants should pass the administered English and civics tests.

Under IRCA only on portion of the test the applicant did not satisfy the officer will retest the applicant on at the time of reexamination for naturalization.   Unless applicant is exempted of English test based on age and residence time considerations or only if he/she qualifies for a medical waiver otherwise at the time of naturalization examination in all cases applicant should demonstrate English speaking ability.

Make sure you qualify fully for the process of becoming a citizen in US!

COMMU PA

 

To naturalize in US apart from the basis eligibility requirements which includes applicant being minimum 18 years of age and a green card holder with who meets the minimum 5 years of residence requirement, there are also other more specific requirement able to select applicants. So during process of becoming a citizen the applicant should prove his/her intent to the good order and happiness of the US. Burden solely lies on the applicant to prove their attachment to the Constitution of US.

For this it’s important for the applicant not to be a member of some parties and some organizations as discussed below.

Association with communist party

Only if the applicant proves that he/she is not associated with such parties and/or organizations within ten years prior to applying for naturalization and till Oath of Allegiance is administered, he/she qualifies to apply for US citizenship. In case either one of the following is true applicant does not qualify:

  • with the Communist Party or any other dictatorial party the applicant is or has been a member of or associated
  • either a authoritarian single party rule was established by applicant or he/she is or has promoted communism in the United States;
  • With an organization which sponsors communism or the association of repressive single party rule in the United States if applicant is or has been a member. It could be either through its own statement or through any written or printed matter which was published by such organization;
  • As a revolutionary or a member of or associated with a revolutionary organization if the applicant is;
  • If knowingly is publishing or already has published some revolutionary either written or printed material or applicant has printed or written some matter promoting communism.
  • For the purpose of either circulating rebellious written or printed matter, or either written or printed matter which promotes communism if the applicant is knowingly circulating or has circulated, or knowingly possesses or previously has possessed ; or
  • With any organization that either publishes or circulates or for either circulating or publishing purposes if possesses any revolutionary printer or written matter or for sponsoring communism the applicant is or has been a member of, or allied with.

Make sure you are ready for process of becoming a citizen in US!

US citizen process

 

During the legally prescribed period an applicant filing for the process of becoming a citizen in US should show that he/she was and would continue to be a person who has attachment towards principles of the Constitution of the United States and well inclined to the good order and happiness of the United States. Compared to well inclined, ‘attachment ‘is a stronger term and means an intensity of conviction and this would lead to vigorous support of the Constitution.

An understanding and an intellectual attitude inclusive of willingness to be attached to the principles of the US Constitution is included in attachment. Applicant is not eligible for US citizenship if he/she is unreceptive to the basic form of government of the United States, or who does not believe in the principles of the United States Constitution. The main eligibility requirements include applicant’s minimum age requirement of 18 years, to be a green card holder with continuous residence for 5 years minimum and also good moral character. But only if he/she proves faith in US constitution they are not naturalized and can’t take the oath.

Oath of Allegiance must be taken by naturalization applicants in a public ceremony in order to be admitted to US citizenship. His or her attachment to the United States and its Constitution is declared at that time by an applicant. So while being admitted to citizenship its must for the applicant to understand the following:

  • without any mental hesitation or purpose of avoidance he or she is taking the Oath freely;
  • all foreign commitment he or she is sincerely and absolutely renouncing;
  • to the United States, its Constitution and laws he or she is giving true faith and allegiance;
  •  to make the United States his or her permanent home should be applicant’s intention  and also where he or she will fully assume residency; and
  • when required by the law he or she is discharging all duties and obligations of citizenship including military and civil service.

An acceptance of the democratic, representational process established by the United States Constitution and the willingness to obey the laws which result from that process should be demonstrated by the applicant. True faith and allegiance to the United States includes supporting and defending the principles of the Constitution is also important.

So that is why the process of naturalization apart from checking eligibility and reviewing support documents also includes a civics test. English expertise is also checked to ensure that the applicant doesn’t have any kind of language problems while interacting with others and to also be able to live and work in US without hassles. The applicant who meets the requirement of minimum age of 18 years, green card holder for minimum five years and also maintaining residence in US doesn’t automatically qualify. Only after the required background checks about applicant’s character are done the applicant is fully eligible. Once the final interview happens in which the applicant is tested about English expertise and civics information of US only than an applicant’s real intentions and faith in US constitution is known by U.S. Citizenship and Immigration Services.

US citizenship application after filing is checked thoroughly.

USC application checks

 

Main requirement for an applicant who is filing the US citizenship application is to be a lawful permanent resident and above 18 years of age during naturalization. Also though the applicant has a permanent resident card if the status of lawful permanent resident was not obtainedlegally the applicant is not eligible for US citizenship. Also at the time of filing applicant must have resided continuously in the US for minimum 5 years as a LPR. But 90 days prior to reaching the five years continuous period of residence the naturalization application can be filed.

General Requirements under INA 316

All the applicable requirements of the conditional residence provisions must have been met by a conditional permanent resident (CPR) who is filing for naturalization under the general provision based on his or her permanent resident status for five years. All the conditions on the resident status must have been removed for CPRs to be eligible for naturalization. If not removed it means that in accordance with all applicable Immigration and Nationality Act (INA) provisions the CPR was not admitted to US for permanent residence. The applicant’s Form I-751, Petition to Remove the Conditions of Residence must first be approved and only then the applicant remains will be eligible for naturalization.

Who are given exception?

  1. For non-citizen nationals of the United States law provides an exception to the LPR requirement for naturalization. This means persons who are born in outlying possessions of the United States like American Samoa or Swains Island currently are considered to be nationals of the United States. Applicant who has become a resident of any such State and also fulfills the applicable requirements of naturalization laws may be naturalized though he/she is a non-citizen national of the United States and also does not establish lawful admission for permanent residence. As defined in the INA these nationals are not “aliens” and a Permanent Resident Card (PRC) is not possessed by them.
  2. US armed force personnel are exempted from the LPR requirement if they are members with service under specified conditions.

Documents for evidence

As evidence for his/her status Permanent Resident Card is issued to each person admitted lawfully for permanent residence by USCIS.  As evidence to their status lawful permanent residents (LPRs) who are over 18 years of age should have their Permanent Resident Card (PRC). The date and the classification under which the person was given LPR status are provided in the Permanent Resident Card. But to establish that the applicant has been lawfully admitted for permanent residence in agreement with all applicable provisions of the INA the PRC alone, however, is insufficient.

Continuous residence for at least five years needs to be met by a naturalization applicant. This means an applicant should have maintained a residence as permanent place of dwelling in United States for the required period according to the legal order. Generally the actual physical location of the applicant regardless to their intentions whether he/she declare it as his or her residence is the applicant’s residence.

USCIS helps special US citizenship applicants!

USC in US

USCIS provides many types of accommodations to disabled applicants who file for US citizenship Normally the accommodation relates to the naturalization interview, naturalization test or the Oath of allegiance. Important to remember that all applicants, normal or with type of disabilities, should meet all requirements that decide their eligibility for naturalization. Including any pre- examination procedures to any aspect of the naturalization process each accommodation may apply as required. Some applicants may need one while others as recognized by USCIS may require more than one accommodation.

Online information to get to know the citizenship status is also available with USCIS. For applicants with disabilities the field offices are able to provide accommodations during the naturalization examination.

1.      Additional examination time and breaks

For applicants with disabilities who have requested for this accommodation type an USCIS officer may provide additional time for the examination and allow breaks if necessary since USCIS is aware that more than the regularly scheduled time some applicants require more time.

2.      Accommodations applicants with hearing problems

As per the applicant’s request the field office should provide applicants who are deaf or hard of hearing an English sign language interpreter in case the applicant doesn’t choose to bring one on her/his own. Any communication aids which are available for the deaf or the hard of hearing applicants should be used by the officer and if required in writing applicant should be allowed to answer officer’s questions.

3.      Assistance during examination and form signing by relatives

With the applicant to attend the examination officers may allow a family member or legal guardian in cases where an applicant is disabled. During the examination this may help the applicant to remain calm and approachable. The officer may remove the person at any time from the examination if his/her presence is causing some trouble to the examination. If applicant is not able to proceed at that time the officer reschedules examination. If applicant is unable to sign on the naturalization application or any document applicant can make a mark. For attesting on a naturalization application a family member can assist applicant to sign, make a mark or initial. No one except for the applicant should sign the naturalization application.

4.      Presence of designated representative or legal Guardian during examinations 

In person all applicants need to appear currently and statement should be given as to their naturalization eligibility under oath. Due to any physical, mental or developmental disabilities when an applicant is unable to undergo an examination a legal guardian, substitute, or an eligible nominated representative completes the naturalization process for the applicant. Accommodation like off-site examination along with oath waiver is provided additionally if required.

Order of priority by which USCIS will recognize one designated representative is first preference for Legal guardian or substitute (highest priority), then the spouse who is US citizen, next parent who is US citizen, next adult son or daughter who is US citizen and lastly adult brother or sister who is US citizen with the least priority provided they have documents in support as proof like Administration documents, affidavits or evidence of U.S. citizenship.

5.      Nonverbal Communication is allowed

During the naturalization examination blinking, shaking or nodding of head, tapping, or other effective forms of nonverbal communication may be accepted by an officer as nonverbal communication. The applicant must also be allowed to point to answers on the application and also be allowed to write down answers to civics test questions if applicant cannot verbally say it. The form of communication should be agreed upon prior to the start of the naturalization examination by the officer, the applicant, and also the applicant’s representative if required.

6.      Examination done off-site

At the applicant’s residence, nursing home, any hospital or a center for senior citizens whichever is appropriate an officer may conduct a naturalization examination. When it’s inappropriate for an applicant to appear in person at a field office because of medical illness or disability this applies.

USCIS accommodates disabled applicants also for US citizenship.

USC accomodation

To the naturalization process modifications are made by USCIS in order to house US citizenship applicants with disabilities. For the successful completion of the naturalization process USCIS aims to provide equal opportunities to applicants with disabilities. Without making any type of major modification because of which there would a fundamental change in the naturalization process or cause undue burden to the agency USCIS would make every effort and make adjustments for naturalization applicant with disabilities. Also such applicants could check citizenship status sitting at home online.

USCIS and applicants with disabilities

As adjustments vary pertaining to the applicant’s disability and it nature on a case by case basis USCIS evaluates the disability adjustment requests accordingly. To requests of the person with a disability USCIS gives the primary consideration while determining what type of accommodation is necessary.

Wherever appropriate the unique needs of the applicant are addressed when USCIS provides requested accommodation or an effective option to the applicants with disabilities.

At the time of filing the naturalization application or at any other time during the naturalization process accommodation may be requested by the applicants.

Programs for disabled

In the administration of the programs and benefits of the all federal agencies its mandatory to provide reasonable adjustments to the persons with disabilities according to the Rehabilitation Act. From its programs or activities thus based on their disability USCIS does not exclude persons with disabilities. To have an equal opportunity to participate in the USCIS programs, including the naturalization process, they are provided with accommodations by USCIS in order to help applicants with any type of disabilities. Therefore the Rehabilitation Act and the implemented Department of Homeland Security (DHS) regulations are met by USCIS.

How do accommodations and waivers differ?

From the legislative waivers or exceptions the accommodations are different. The applicant is excused from meeting that educational requirement, for example, if an officer grants a waiver from the educational requirements in the naturalization process.

For an applicant with any kind of disability to take part in the naturalization process the modification done to an existing practice or procedure is what is referred to by an accommodation.

No excuse from the responsibilities to be able to satisfy all the applicable requirements for naturalization is provided by the accommodation though to the applicants with disabilities.  Just a modification to the way any applicant would prove his/her ability to be meeting the requirements is what the accommodation is all about.

Information on legal acts for naturalization

The following acts and rules are implemented during the naturalization process especially for the disabled applicants.

  • According to the section 504 of the 1973 Rehabilitation act all applicants must be ensured to get an equal opportunity to federal programs.
  • Under any federal grants and programs no discrimination should be done among applicants according to United States Code Title 29 Section 794.
  • For persons who access Department of Homeland Security programs or activities based on their disability no discrimination is allowed according to federal regulations of DHS according to Code of Federal Regulations – Title 6 part15.
  • For applicants who are sick or with disabilities examination and off site visits are allowed according to Code of Federal Regulations -Title 8 part 334.4 (8 CFR 334.4).

US citizenship application could be approved,denied or examination continued.

congratulations_us_citizenship

 

On a US citizenship application the USCIS has 120 days to decide from the initial naturalization interview date. In a district court the US citizenship applicant can apply for judicial review if decision is not taken within 120 days since the interview. Based on the laws, governing policies, regulations and precedent decisions the officer must make a decision.

As outcome the officer may decide one of the following:

  • The application is approved
  • Office might not make a decision and continue with the examination and for more information will reschedule applicant or for other appropriate reasons
  • The application is denied.

At the end of the interview the applicant will be provided a notice of results by the officer for whatever the result may be. Information about the result of the interview would be provided in the notice along with steps to be followed for cases which require continuation of examination.

Naturalization Application is approved?

The application goes through necessary internal procedures if an officer approves a naturalization application. Then the USCIS office schedules a ceremony for the administration of the Oath of Allegiance for which the applicant should appear. A revaluation of approved application for quality is included in the internal procedures. Re-verification is done by a different officer not the one who conducted the interview. After conducting the re-verification of the US citizenship application the officer does not deliver judgment but any eligibility issues may be raised by him. After approval of the application for cases where USCIS identifies potential information for which it is disqualified the USCIS does not schedule an applicant for the Oath of Allegiance. USCIS will issue a motion to reopen and reanalyze the US citizenship application if the disqualifying information is not resolved and the applicant is not eligible for naturalization.

Examination is to be continued?

Request for more evidence:

In case additional information is needed in order to make a perfect decision on the application the officer issues a written request for evidence to the applicant. To respond to a request for evidence USCIS generally permits a period of 30 days for the applicant.

Following should be included in the request for evidence:

  • According to request of officer the specific documentation or information
  • The applicant might respond  in which ways; and
  • In order to reply the time period given to the applicant.

Within the specified time the applicant must respond to the officer’s request for evidence. On the timely submission of the requested evidence the officer will make a decision on the eligibility of the applicant. Based on the available evidence for the application the officer will be deliver a judgment if evidence as requested is not submitted on time.

Re-examination schedule

A second opportunity must be provided by the officer to the applicant to the test within 60 to 90 days from the initial date of examination if the applicant fails in any portion of the naturalization test.  Based on other grounds if the applicant is legally ineligible this is not possible. To resolve any issues on eligibility also an officer should schedule a re-examination. Subsequently the officer will approve, continue examination or deny the US citizenship application based on the reexamination results.

The application will be denied based on the applicant’s failure to meet educational requirements for US citizenship if the applicant fails to appear for the re-examination and also USCIS does not receive a timely or reasonable request to reschedule.  Within the denial notice other areas of ineligibility also should be included by the officer.

Naturalization Application is denied?

Within 120 days after the initial interview for naturalization application denial notice should be issued by an officer based on ineligibility or lack of prosecution to the applicant and his or her attorney or representative.  The following should be included in the written denial notice:

  • To support decision a clear and brief statement of the facts,
  • Specific details of eligibility requirements the applicant failed to meet should be mentioned, and
  • To request a hearing on the denial the necessary information for the applicant.

Information about interview process after US citizenship application filing.

To conduct examination the USCIS officers have authority including conduction of the interview for naturalization and also to investigate. The interview takes place after the applicant files US citizenship applicationand after biometrics is done. At the start of the interview for US citizenship the officer should introduce him or herself. Then explanation for purpose of the naturalization examination is given and the before starting interview the applicant much be placed under oath.

For officers following legal rights are included in USCIS’s authority:

  • Applicant must be placed under oath;
  • In course of an in person interview they should obtain oral and written testimony;
  • If required call witnesses to court;
  • Additional evidences can be requested
  • According to Field office director’s delegation the Oath of Allegiance should be administered.

Interview process

During applicant’s interview an officer should make sure that while questioning all requirements for naturalization are covered. Information provided in the naturalization application is generally what the officer’s questions are focused on. Any questions that are relevant to the determination of eligibility may be asked by the officer. On all occasions suitable chances should be given to the applicant in order to respond by the officer.

USC interview

 

The following questions are some that are generally asked by the officer:

  • Marriage history and about service in the military as part of biographical information
  • Time period information and admission as a lawful permanent resident (LPR)
  • After obtaining permanent residency details about absence from the United States
  • History about employment and also the places of residence
  • US history and government (civics) and English knowledge
  • Criminal background if any and moral character related information
  • About regards to the principles of the U.S. Constitution
  • With certain organization about association or membership information
  • Enthusiasm to take an Oath of Allegiance to US
  • Other eligibility determination  related topic

Tests related to the ability of applicant to read and write English and also test about US history and government civics, in most cases unless the applicant is exempted, would be administered by the same officer who conducts the naturalization interview. The naturalization interview and the ability of applicant to speak and understand English might be conducted by one officer and the English reading and writing and civics test might be administered by another officer.

Applicable Law based decisions

On the US citizenship application for each case a legally acceptable decision must be made after analyzing facts by an officer. Based on the regulations, appropriate laws, standard decisions and organization guidance his or her decision to either approve or deny should be taken by the officer and:

  • Relevant legal law is based on The Immigration and Nationality Act (INA) as the primary source.
  • The subsequent regulations explain the laws further and provide guidance on how the law is applied.
  • Within the jurisdiction of the court or legal body making the decision standard decisions have the force of law and are binding on cases.
  • The agency’s policies and procedures supporting the laws and regulations are given or under the USCIS guidance. The primary source for agency guidance is the USCIS Policy Manual.

Overview on the security check process for US citizenship.

fingerprinting

 

For naturalization applicants need to undergo background checks and as part of the process USCIS must collect fingerprint records. Generally fingerprints need not be submitted by applicants of US citizenship who are 75 years of age and older. Once the applicant submits the US citizenship application USCIS notifies them in writing to appear for fingerprinting. From the date of processing by the FBI fingerprints are valid for 15 months.  If the applicant does not appear for the fingerprinting appointment without a valid reason and also without prior information to USCIS it’s considered that an applicant abandons his or her naturalization application.

The applicant’s biometrics once collected by an Application Support Center (ASC) for a full criminal background check USCIS submits the records to the Federal Bureau of Investigation (FBI). Following confirmations are included in the response from the FBI that a full criminal background check has been completed:

  • No administrative or a criminal records the applicant has
  • Yes administrative or a criminal record(s) the applicant has; or
  • Fingerprint records have been determined “unclassifiable” for the purpose of conducting a criminal background check of the applicant’s report submitted and the records have been rejected.

Who can get fingerprint waivers?

Aged applicants: At the time of filing his or her naturalization application applicants who are 75 years and above are not required to provide fingerprints.

With Certain Medical Conditions: If the applicant is unable to provide fingerprints because of a medical condition an applicant may qualify for a waiver of the fingerprint requirement. Birth defects, physical deformities, skin conditions, and psychiatric conditions are such conditions. Authorization to grant a fingerprint waiver is with only certain USCIS officers.

Only for the following conditions an officer responsible for overseeing applicant fingerprinting may grant the waiver:

  • the applicant was met by the officer in person;
  • attempt to fingerprint the applicant has been made by the officer or authorized technician and
  • applicant is determined to be unable to be fingerprinted at all or is unable to provide a single legible fingerprint by the officer

Clearance letters covering the relevant period of good moral character from local police must be brought to his or her naturalization interview by an applicant who is granted a fingerprint waiver. As part of the record all clearance letters are included. The officer must take a under oath statement from the applicant covering the period of good moral character in cases where the applicant is granted a fingerprint waiver or has two unclassifiable fingerprint results.

If the waiver is solely based on the following an officer should not grant a waiver:

  • fewer than 10 fingers are there for the applicant;
  • the applicant’s fingerprints are found to be unclassifiable by the officer ; or
  • Temporarily the applicant’s condition is preventing the fingerprint capturing.

Decision to deny a fingerprint waiver by a officer is final and may not be appealed.

Name checks by FBI

In response to the name check requests the FBI conducts “name checks” on all naturalization applicants and publicizes the information contained in the FBI’s files to USCIS. A search against the FBI’s Universal Index (UNI) is included in the FBI’s National Name Check Program (NNCP). UNI contains personnel, administrative, applicant, and criminal files compiled for law enforcement purposes. In response to the name check requests the FBI publishes the information contained in the FBI’s files to USCIS.

Before an applicant for naturalization is scheduled for his or her naturalization interview the FBI name check must be completed and cleared. For the duration of the application for which they were conducted a definitive FBI name check response of “NR” (No Record) or “PR” (Positive Response) is valid. From the FBI process date authoritative responses used to support other applications are valid for 15 months. In cases where the final settlement and naturalization have not occurred within that time frame or if the name check was processed incorrectly a new name check is required.