Medical Exemption from English and Civics Requirements for Naturalization

Applying to become a U.S. citizen through naturalization is a natural path for the majority of legal permanent residents in America. U.S. citizens enjoy many benefits that green card holders do not. For example, only U.S. citizens may vote in federal elections, including the presidential elections.  Only U.S. citizens may apply for jobs with the federal government.  Obtaining a U.S. passport is another privilege of citizens.  Unlike permanent legal residents, U.S. citizens are not required to reside in the United States.  U.S. citizens also enjoy additional federal and state financial and medical benefits.

Medical Exemption from English and Civics Requirements

Naturalization requires the applicant to meet some English and civics requirements. Civics include studies of American government and history. Some applications are not able to learn English or civics due to their physical or mental impediments.  Fortunately, the law makes some medical exemption for disabled applicants for naturalization.  To apply for medical exemption, an applicant must submit a Form N-648, Medical Certification for Disability Exceptions.  As of November 21, 2022, USCIS will only accept the most current version (8/19/22) of the N-648.

Strict Requirements for Medical Exemption

Some applicants mistakenly believe that it would be easy to obtain exemption. All they need is to obtain a signature by a doctor.  This is far from the truth.  There are very strict legal requirements for the I-648 certification. It must be completed and signed by an authorized medical professional, such as a medical doctor, doctor of osteopath, or a clinical psychologist.  The form must be completed within 180 days before the submission of the N-400 naturalization application.  

Medical professionals can only complete and sign the N-648 certification after a thorough medical examination of an applicant.  They must not only identify and describe the specific physical or development disability or mental impairment that affects the applicant's ability to learn English or American government and history on Form N-648; they must also explain how such disability or impairment prevents the applicant from learning English or American civics.  Further, the physical or mental disability must have lasted or expected to least at least 12 months.  Hence, an applicant can not claim "poor memory" or other mild health issues as basis for exemption.  Also, if the disability is related to illegal drug use, then it would also not qualify for exemption. 

New N-648 Allows Remote Examinations and Oath Waiver

The good news is that, the new N-648 form allows telehealth medical examinations.  Hence, for applicants who are not mobile or are inconvenient to travel, they could still be examined by medical professionals. Also, the medical professional may sign the applicant's oath waiver at the same time.  Before this, an applicant must submit a separate application if he or she wants to apply for a waiver of the oath requirements.  An oath is the final step required for an applicant to become a U.S. citizen.  The purpose is to confirm the applicant's loyalty to the United States, and also his/her willingness to serve and to defend the United States if necessary.  

Exemption by Age and Time

If an applicant does not qualify for medical exemption, she must wait to request for exemption.  To take the test in one's native language, an applicant must be 50 or over and has been a resident for at least 20 years, or must be 55 or over and has been a resident for at least 15 years.  Applicants who are 65 or over and have been legal residents for at least 20 years may take a simple civics test in their native language.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Stricter N-648 Medical Disability Exemption Policy

The number of applications for naturalization has risen to 754,700 during President Trump’s second year in office, according to USCIS.  This number is the highest since 2013.  There are many benefits that come with U.S. citizenship.  As an American citizen, one has the right to vote and the ability to apply for a U.S. passport; one may also apply for government jobs and other government benefit programs. However, to become an American citizen, one must pass the English and civics test. 

The English and civics test requirement of the naturalization process can be especially challenging for those with cognitive impairments such as dementia and Alzheimer's.  The good news is that one does not have to take the English and civics test if there is medical proof that the person lacks mental ability to learn English or study American civics.  Those that qualify can be exempt with an valid N-648 Medical Disability Exception application. USCIS issued a new policy which will be effective on February 12, 2019, regarding the N-648 form. 

The applicant will need certification from a medical doctor describing their condition and why it exempts the applicant. The doctor's relationship with the patient must also be described. If the regularly treating medical professional is not the one filling out the form, then an explanation why must be included. Other important details include the specific methods and equipment used to diagnose the applicant, dates of examination, and a statement that the condition's duration is at least 12 months. A statement is also required if an interpreter was used. Any anomalies or inconsistencies can make an officer doubt the applicant's legibility.

Immigration Officers are instructed not to judge the medical diagnosis, order specific tests, or to go through the applicant's medical records. Their job is to make sure the form is properly completed. They check for discrepancies in the applicant's file and if sufficient explanation is given. Most important is the connection between the applicant's impairment and an inability to read, write, and speak in the English language or understand U.S. history and government. The details must be tailored to the applicant's condition.

Form N-648 should be submitted with N-400. If it is late, an explanation supported by evidence is required. The N-648 application is accepted or rejected at the initial naturalization interview. If the form N-648 is rejected, the examination continues as if it were not submitted.