|  PERSONS
WITH CERTAIN DISABILITIES MAY
OBTAIN OATH WAIVER FOR NATURALIZATION
by Michael J. Gurfinkel, Esq.
In the past, the oath of citizenship was required for all naturalization
applicants. The failure to fulfill this requirement could be a
ground for denial of naturalization. Certain disabled applicants
were unable to become citizens because they could not personally
express the intent or voluntary assent to the oath requirement.
To remedy this problem, a law was enacted on November 6, 2000
(Public Law 106-448), allowing the Bureau of Citizenship and Immigration
Services (BCIS) to waive the oath requirement for naturalization
applicants with certain physical, developmental, or mental impairment,
which affect their ability to understand or communicate the meaning
of the oath of citizenship.
The oath waiver is designed only for individuals
who have severe disabilities that prevent the person from being
able to understand the meaning of the oath or to communicate an
understanding of the oath requirement to a BCIS officer. This
waiver process does not relieve the applicant of otherwise establishing
eligibility for naturalization in the following aspects: (1) lawful
residency; (2) continuity of residency in the U.S.; (3) duration
of physical presence in the U.S.; (4) good moral character; and
(5) English literacy (unless waived). The applicant is also required
to file form N-400, submit photographs and supporting documents,
pay the filing fee, and be fingerprinted.
An applicant for an oath waiver may need one designated
or recognized representative to act on his behalf.
To be eligible for a disability waiver, the applicant
(or his designated representative) must submit a written evaluation
and thorough explanation, completed by a medical or ostheopatic
doctor licensed to practice medicine in the United States, or
a clinical psychologist licensed to practice psychology in the
U.S., of how the applicant’s disability impairs his/her
functioning so severely that the applicant is unable to demonstrate
an understanding of the oath requirements or communicate the oath’s
meaning.
If the BCIS approves a waiver, the disabled applicant
will not be required to appear in a public oath ceremony. However,
the BCIS will honor requests by applicants or their designated
representatives either to participate in an oath ceremony or to
receive the Certificate of Naturalization in an appropriate manner.
This law (Public Law 106-448) is important, considering
there might have been naturalization cases which were not approved
due to the applicants’ lack of understanding or inability
to take the oath of renunciation or allegiance.
If you (or someone you know) were denied naturalization
due to the failure to understand the oath, or if you suffer from
a disability which impairs your understanding of the oath, you
may wish to consider consulting with an attorney to assist you
in the preparation of various documents, and gathering of medical
reports that must be submitted to the BCIS, and to enable you
to apply for and become a U.S. citizen, despite your mental and
physical limitations.
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