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VISA SPOTLIGHT: INS ISSUES NEW GUIDELINES ON REVIEWING NATURALIZATION APPLICATIONS FOR THE DISABLED
The Immigration and Naturalization Service has supplied its field offices with a comprehensive new policy guidance for handling Form N-648 Medical Certification for Disability Exceptions. The guidance stems from a March 1997 INS final rule that exempts persons with disabilities from the English and civics requirements for naturalization if they have a "medically determinable" physical or developmental disability and/or mental impairment that prevents them from meeting these requirements. 
The new INS guidance will hopefully help clear up a lot of problems local offices have had implementing the new rules. According to INS Commissioner Doris Meissner, "This is a step forward for INS as we continue to find new ways to address some of the more complex citizenship cases in a more timely and customer-oriented manner. The new policy guidance will improve our ability to make fair, compassionate and consistent decisions on the citizenship applications of persons with disabilities."
The new guidelines cover the following issues: 
Doctors, clinical psychologists and now doctors of osteopathy are authorized to complete the N-648 medical waiver form. The doctor filling out the form must establish that the applicant has a physical or developmental disability or mental impairment that interferes with an applicant’s ability to learn or demonstrate knowledge of English and/or US history and government. The doctor must show a connection between the diagnosed condition and how it affects an applicant’s ability to learn or demonstrate the required knowledge. 
INS examiners are no longer permitted to question a doctor’s diagnosis and are not allowed to require a doctor to provide an explanation of how the diagnosis was reached. The only thing the examiner is supposed to do is determine if the Form N-648 has sufficient information and the doctor has clearly established the connection between the medical condition and the applicant’s ability to learn or demonstrate knowledge of English and civics. 
The Form N-648 will remain invalid indefinitely as long as it is submitted within six months of when the doctor completed the form. If the INS rejects the first form and requests the second form by a specified date, the second form will also be valid for an indefinite period of time. 
Applicants who appear for an interview for citizenship and who have their N-648 rejected will be given the English and civics test. If they fail, they will be informed that they have one more opportunity to submit an acceptable N-648 and/or to pass the tests. 
Even if the waiver is granted, the applicant is still expected to take the Oath of Allegiance. But adjudicators must make "reasonable accommodations" to allow disabled applicants to demonstrate they understand the nature of the oath and agree to it. Such accommodations may include simplifying questions or allowing the applicant to use predetermined physical motions or signals (such as blinks). Other accommodations should also be allowed where appropriate including offering sign language interpreters upon request.