Elawyers Elawyers
Washington| Change
Visitors: 7

Disability-Based Exceptions to Citizenship Interview Exam Requirements

Most people who apply for naturalized U.S. citizenship will have to prove they understand the English language, including that they have the ability to read, write, and speak ordinary words. They also will have to prove they know and understand basic “civics”—that is, facts about U.S. history and government. However, an applicant who cannot meet the English and civics requirements because of a medical disability may be exempt from either of both of these requirements.

Who Can Be Exempted From Naturalization Exams Based on Disability

The English language and civics requirements do not apply to applicants who are unable to comply due to a “medically determinable” physical or developmental disability or mental impairment that has lasted, or is expected to last, at least 12 months.

A “medically determinable” disability or impairment is one that results from things that have gone wrong in the body or brain that can be discovered by examining the patient or testing in a laboratory in a way that meets acceptable medical standards.

With regard to the English language test, the problem must prevent the person from demonstrating an understanding of the English language or fulfilling the requirements for English proficiency, even if the person were to have help. With regard to the civics test, the problem must prevent the person from demonstrating the required knowledge of civics or from even taking the test, no matter how much help the person were to get.

Doctor's Determination Is Needed to Prove Disability

The disability or impairment has to be proved to U.S. Citizenship and Immigration Services (USCIS) by a doctor. Just because someone is very old does not mean the person has a medically determinable physical or developmental disability or mental impairment. (However, depending on how long that person has been a permanent resident, he or she may not have to take the English test or the full civics test.)

Likewise, just because someone can’t read or write English does not mean the person has a medically determinable physical or developmental disability or mental impairment that prevents learning the language.

If you know someone who wants to become a U.S. citizen but who you think couldn’t pass the English language or civics test because of a medical disability, you might want to confirm the disability by taking the person for a medical exam before applying for citizenship.

There is no set list of medical conditions that will or will not qualify someone for an exemption. Instead, USCIS depends on a doctor's examination, analysis, and opinion with regard to the persons's condition.

For help with how to ask USCIS for a disability-based exception so the person can be excused from testing, see How to Apply for a Disability Exemption from U.S. Citizenship Interview Test Requirements.

From Lawyers  By Richard Link, Attorney

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer