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Click for more articlesDISABLED WOMAN'S FAMILY SUES INS OVER DENIAL OF CITIZENSHIP

Vijai Rajan has lived in the US for all but the first four months of her 24 years.  Her parents and sisters have become naturalized citizens, but the INS has denied Vijai citizenship.  Her family has sued the agency, claiming that the reason for the denial, that Vijai cannot understand the oath of allegiance because she has cerebral palsy, violates federal law prohibiting discrimination against people with disabilities.

According to advocates, there are about 1000 people in similar situations, who, because they are disabled, cannot become citizens.  While the INS does grant waivers of certain naturalization requirements to people with certified medical conditions that make them unable to meet them, the requirement of understanding and meaning the oath of allegiance cannot be waived. 

Once the INS rejects a person’s application for citizenship, there is no legal recourse other than a private bill or a lawsuit.  In this case, a private bill is not likely, as the family’s requests of congressmen have been rejected.

According to the attorney for Vijai’s family, her case “is one more example of the disabled community being marginalized.”  He argues that is a person meets the residency and character requirements for naturalization, they should be granted citizenship.  Two other cases involving this situation have gone to trial.  In one case, the oath requirement was upheld, while in the other the INS was ordered to grant citizenship.  Both of these cases are being appealed. 

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