To get U.S. citizenship through the process known as naturalization, most everyone has to take an oath of allegiance to the United States. (See Understanding the Oath of Allegiance to the U.S. for New Citizens.) Yet some people who have (most likely with assistance) applied and been approved for U.S. citizenship are nevertheless unable to understand or to communicate an understanding of the oath, because of a physical or developmental disability or mental impairment. In the past, they had no remedy. Now, however, it's possible to have a legal guardian or other representative apply for an oath waiver on the person's behalf.
If you know someone who needs an oath waiver, this article will tell you how to get U.S. Citizenship and Immigration Services (USCIS) to grant them U.S. citizenship regardless.
Who Can Help a Disabled Applicant for Naturalized U.S. Citizenship
When an applicant is unable to take the citizenship oath of allegiance (or complete any other part of the citizenship application process) because of a physical or developmental disability or mental impairment, a legal guardian, surrogate, or an eligible designated representative is allowed to help. If all goes well, USCIS will waive the oath requirement and let the legal guardian, surrogate, or designated representative act in place of the applicant.
USCIS prefers that a legal guardian or surrogate be the one to act in place of the applicant. This is a person who a proper court has designated as the applicant’s legal guardian or surrogate and who is authorized to exercise legal authority over the applicant’s affairs. If no legal guardian or surrogate exists, USCIS will allow help from a primary custodial caregiver who takes responsibility for the applicant. A U.S. citizen spouse is preferred.
If the applicant is not married to a U.S. citizen then, in order of preference, USCIS will allow help from a U.S. citizen parent, a U.S. citizen adult son or daughter, or a U.S. citizen adult brother or sister. If both parents or more than one child or sibling want to represent the applicant, USCIS will probably choose the oldest.
If there is no U.S. citizen family member who can be the designated representative, you will have to get a court to appoint a guardian or surrogate.
When to Make the Naturalization Oath Waiver Request
An applicant who won’t be able to take the oath of allegiance probably won’t be able to sign the naturalization application at the interview or take the language and/or civics tests. Thus you should request an accommodation for those parts of the process before the naturalization interview, and request the oath waiver at the same time. (The evidence supporting your requests will be similar.)
How to Make the Oath Waiver Request
Here are the steps to take when preparing to ask USCIS for an oath waiver.
Get a Medical Evaluation on Form N-648
You will need to give USCIS proof of the applicant’s disability or impairment. USCIS wants to see a written evaluation made and signed by a medical professional who is licensed to practice in the United States. The applicant's own doctor is a fine and appropriate choice. The easiest way to do this is on the Form N-648 that you'll likely want to submit to ask for all possible exceptions to the naturalization requirements.
When preparing the evaluation, the medical professional should express the applicant’s medical condition and disability in terms that a USCIS officer and you can understand. It’s okay for the medical professional to use medical definitions or terms to describe the disability or impairment. The evaluation should state why and how the applicant is unable to understand or communicate an understanding of the meaning of the oath of allegiance and indicate the likelihood of the applicant being able to communicate or demonstrate an understanding of the meaning of the oath of allegiance in the near future.
If the medical professional is creating a separate letter containing the full explanation, remind them to sign it and include their state license number.
Fortunately, USCIS does not require the evaluation to contain an explanation of how the medical professional reached the diagnosis, a listing of clinical or laboratory techniques used to reach the diagnosis, or supporting documentation to establish the claimed disability or impairment.
Indicate Request for Oath Waiver on Form N-648
Although Form N-648 asks the medical professional whether the applicant can take the oath of allegiance, it doesn't mention the need for an oath waiver (because the doctor can't apply for it on the person's behalf).
However, you can bring USCIS's attention to the need for an oath waiver. For starters, you would want to answer "No" to Question 33 of Form N-400, which asks whether the applicant is "unable to take the Oath of Allegiance because of a physical or mental disability." It then advises the person helping them to consult the N-400 instructions for what to do next.
Gather Proof That You Are Eligible to Represent the Citizenship Applicant
Along with the medical evaluation and request letter, you must provide proof of legal guardianship, or documentation to establish your family relationship to the applicant, such as your birth certificate, marriage certificate, or adoption decree.
In addition, you must provide documentation to establish that you have the primary custodial care and responsibility for the applicant. Examples would be income tax returns, Social Security Administration documents, or affidavits from other relatives.
A spouse, parent, adult son or daughter, or adult brother or sister who is not the legal guardian or surrogate must also provide evidence of U.S. citizenship.
Submitting Your Oath Waiver Request and Supporting Evidence to USCIS
It's wise to draft a cover letter to USCIS summarizing what is in the person's naturalization application. In your cover letter, be sure to say “I, [your name], request that USCIS waive the oath of allegiance requirement for [name of applicant you are assisting].”
Your cover letter, doctor-signed N-648, and other proof must be submitted to USCIS with the N-400 application for naturalization. Or, if warranted by extenuating circumstances (which you'll need to prove), you can later mail the oath waiver request to the USCIS office that will conduct the interview. The case will be given extra scrutiny if these documents are filed later, not concurrently with the N-400.
Getting Legal Help
An experienced immigration attorney can help evaluate your family member's situation, complete the N-400 and cover letter, prepare the person for the naturalization interview, and accompany them to it, if desired.