Waiver of Testing
Under what conditions may a person apply for a waiver of the testing requirements for naturalization? There are four types of test waivers:
1. There is a waiver of English language skills for a naturalization applicant who, on the date of filing her N-400, is over age 50 (that is, at least 50 years plus one day old) and has been living in the United States for periods totaling at least 20 years after acquiring Lawful Permanent Resident (LPR) status. This is sometimes called the “50/20” test waiver. However, an applicant who qualifies for the 50/20 English language waiver is not exempt from the civics test. That is, she must demonstrate a knowledge and understanding ot the fundamentals of the history, and of the principles and form of government, of the United States. An interpreter may assist.
2. There is a waiver of English language skills for a naturalization applicant who, on the date of filing her N-400, is over age 55 (that is, at least 55 years plus one day old) and has been living in the United States for periods totaling at least 15 years after acquiring Lawful Permanent Resident (LPR) status. This is sometimes called the “55/15” test waiver. However, an applicant who qualifies for the 55/15 waiver is not exempt from the civics test. That is, she must demonstrate a knowledge and understanding ot the fundamentals of the history, and of the principles and form of government, of the United States. An interpreter may assist.
3. A naturalization applicant who is over age 65 and has lived in the United States as a Lawful Permanent Resident for periods totaling at least 20 years, is permitted to take a “special consideration” civics test in the language of her choice. The test is based on a list of 25 questions, which are provided in A Guide to Naturalization.
4. A naturalization applicant may be eligible for a waiver of all testing if she has a medically determinable physical or mental impairment or combination of impairments which renders her unable to pass the tests in English language skills and civics. Application for this waiver is made on Form N-648. To download a copy of this form with instructions, click here.
Helpful Hints for Completing Form N-648:
Q. I filed for a disability waiver and my doctor completed the N-648 on my behalf. Even though the doctor gave all of the information asked for on the form, the N-648 was rejected. Can you please advise us on why this happened? A. The USCIS has issued a new policy guidance on the adjudication of disability waiver applications. The doctor needs to provide a great deal of information that is not specifically asked for on the form. If this information is lacking, the N-648 will be rejected. Here is a listing of the new requirements:
- The form N-648 must contain an explanation of the origin, nature, and extent of the medical condition(s) that qualify the patient for a disability waiver.
- The doctor must provide a thorough explanation of how the disability or impairment was diagnosed, with a list of what medically acceptable clinical or laboratory diagnostic tests were used.
- The doctor must provide an explanation of all diagnostic test results. Scores and quantitative results must be provided, along with an explanation of their significance.
- If no diagnostic tests were used, explain how the diagnosis was reached, and why diagnostic testing was inappropriate.
Other helpful hints for physicians:
- A disability waiver of educational requirements for naturalization is only for those applicants who are completely unable to take the test. If your patient would have difficulty taking the naturalization test, but, under certain conditions, would be able to pass it, he/she has the option to request an accommodation to the testing procedures due to their disability. Examples of accommodations are extra time or written testing. If you are requesting an accommodation, you need to write a letter in support of the request. State the diagnosis and explain why the accommodation is necessary.
- General practitioners can certify a disability waiver based on a mental impairment if the practitioner has “appropriate experience and qualifications that will enable him/her to diagnose and assess the claimed disability.” You must provide an explanation as to your qualifications on the N-648.
- You must draw a detailed nexus (connection) between the patient’s illness and his/her inability to learn English and history/civics. Explain how the illness functions and progresses within the body and how the illness or disability has so impaired the applicant’s functioning that he or she is unable to learn or demonstrate knowledge of English and/or U.S. history and government.
- If your patient suffers from a mental impairment with psychotic features, please indicate if he/she is a danger to himself and/or others.
- If you are not a psychiatrist, there is no need to use the multi-axial assessment. Additionally, if the patient’s waiver is based solely on a physical impairment or illness (e.g. stroke), write “N/A” in Question 2(b).
- State whether the patient is capable of understanding and taking the Oath of Allegiance.
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