August 4, 2012 § 2 Comments
Generally while filing for US Citizenship one must demonstrate an understanding of English language, and also reading, writing and speaking ability. English and Civics requirements for naturalization include the understanding of the fundamental of American history and principles.
In certain cases applicant due to physical or development disability or mental impairment that is permanent, and last for 12 months are even expected to be permanent, they shall be exempted from knowing English and Civics requirement while filing for naturalization. But these people should submit Form N-648 along with N-400 for the exemption.
Important Note: If failed to submit the Form N-468 with Form N-400, their application for the delayed for adjudication of Form N-400. Per Immigration and Nationality Act (INA) 312(b)(1), applicant with developmental disability or mental impairment are not required to fulfill English and/or Civics requirement.
Applicant with reasonable accommodations includes, sign languages interpreters, extending time for testing and off-site testing – may not be limited. Many people think English and Civic requirement is the main criteria to obtain Citizenship but some medical disability exception.
Only medical doctors, doctors of osteopathy or clinical psychologists licensed to practice in United States. Staff of the medical practice associated with medical professional may assist in the completion of the form and checking accuracy of the form’s content.
Form N-648 must be certified by a licensed medical professional, except for the section “Applicant Attestation” and “Interpreter’s certification”.
Part III of Form N-648 – DSM-IV Codes
Diagnostic and Statistical Manual of Mental Disorder – Edition IV, currently recognized mental health disorders.
1. Mental Retardation (Mild, Moderate, Severe, Profound).
2. Learning Disorder (Reading, Mathematics, written expression).
3. Motor Skill Disorder (developmental co-ordination).
4. Communication Disorder (expressive languages, phonological, stuttering, mixed respective & expressive).
5. Pervasive Developmental Disorder (Autistic, Rett’s, Childhood Disintegrative, Asperger’s)
6. Attention-Deficit & Disruptive Disorder (Hyperactivity, conduct disorder)
7. Feeding & Eating Disorder (Pica, Rumination)
8. Tic Disorder (Tourette’s, Chronic motor, Transient tic)
9. Elimination Disorder (Enuresis – not due to medical condition; Encopresis – with/without constipation and overflow incontinence)
10. Others Disorder (Separation anxiety, Selective mutism, Reactive attachment, Stereotypic attachment)
11. Delirium, Dementia, and Amnestic and other Cognitive Disorders.
12. Alcohol Related Disorder (Abuse, Dependence, Induced mood)
13. Amphetamine Disorder (Abuse, Dependence, Induced mood)
14. Caffeine-related Disorder (Induced anxiety & sleep, Intoxication)
15. Cannabis-related Disorder (Abuse, Dependence, Induced mood)
16. Cocaine-related Disorder (Abuse, Dependence, Induced mood, Intoxication)
17. Hallucinogen-related Disorder (Abuse, Dependence, Induced mood, Intoxication)
18. Inhalant-related Disorder (Abuse, Dependence, Induced mood, Intoxication)
19. Nicotine-related Disorder (Dependence)
20. Opioid –related Disorder (Abuse, Dependence, Induced mood, Intoxication)
21. Phencyclidine – related Disorder (Abuse, Dependence, Induced mood, Intoxication)
22. Schizophrenia & other psychotic Disorder
23. Mood Disorder (Depressive, Bi Polar, Anxiety, Somatoform, Factitious, Dissociative)
24. Sleep Disorder (Primary sleep, Parasomnias)
Need to provide basic descriptive of the disability. For Example “Down syndrome is a genetic disorder that causes lifelong intellectual disability (mental retardation) & developmental delays”.
April 20, 2011 § 2 Comments
Citizenship is the highest status in the US and hence immigration laws strictly limit the number of persons becoming a US citizen. Not everyone who wants to become a US citizen qualifies for the same. US citizenship, whether it’s gained by birth, through naturalization, or through US citizen parents, is the highest benefit available under US immigration laws. However, many people do not realize the rights, and many green card holders ruin their chances of becoming US citizens simply because they do not know what’s required or because they are not aware of the benefits of being a US citizen. Before applying for citizenship, you should have spent some time as a green card holder
Let us take a look at the possible disadvantages of applying for citizenship. Not because the negatives over-weigh the positives, but just to know the pitfalls before launching straight into filling the application and also to tread you in the right path.
If you got your green card fraudulently and apply for citizenship, chances of getting deported are indeed very high. Another factor is that certain countries do not allow dual citizenship. The law in US about dual citizenship is pretty vague as doesn’t state clearly whether it is allows or not. Having a US passport is risky in some countries.
Advantages of Becoming a US Citizen
After becoming a US citizen, you can vote in federal elections, bring your dear ones to the US, travel anywhere with a US passport and also get citizenship for your children born abroad. You can also serve on a jury and become eligible for federal jobs. In addition to these, you become eligible for federal grants and scholarships.
To become a citizen, or to be naturalized, you should meet certain requirements:
• Be at least 18 years old.
• Have lived in the US as a permanent resident for at least 5 years.
• Be of good moral character and loyal to the US.
• Be able to read, write, speak and understand basic English.
• Have basic knowledge and understanding of the US history and the Constitution.
• Be willing to take an oath of allegiance to the US.
Based on the age of the applicants or medically proved physical or mental impairment where this disability affects their ability to learn English and civics, waivers from the citizenship test are available. Under these circumstances, you should file Form N-648 requesting an exception and this should be filed along with your N-400 application.
The Reasons Why You Could Be Barred From Obtaining Citizenship?
You should consult an immigration attorney in any of the following situations: You
• Have been convicted of a crime.
• Have ever lied to an immigration officer, consular or government official.
• Married solely to obtain residency status.
• Have been absent from the US for long periods of time, especially periods over one year since becoming a lawful permanent resident (LPR).
• Have ever been arrested.
• Failed to file an income tax return for any year since becoming a LPR.
• Owe child support.