Persons with certain disabilities may obtain oath waiver for naturalization

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.

Three offices to serve you: LOS ANGELES: (818) 543-5800; SAN FRANCISCO: (650) 827-7888; PHILIPPINES: 894-0258 or 894-0239.

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WEBSITE: www.gurfinkel.com.