The Aging Network

March 18, 1997

AoA-IM-97-06
INFORMATION MEMORANDUM

TO : STATE AND AREA AGENCIES ADMINISTERING PLANS UNDER TITLE III OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED

SUBJECT : Final Rule on Exceptions from English and Civics Testing Requirements for Naturalization Applicants with Disabilities

LEGAL AND RELATED REFERENCES : Immigration and Nationality Act

Purpose

This Information Memorandum transmits the Final Rule on Exceptions from English and Civics Testing Requirements for Naturalization Applicants with Disabilities, published in the Federal Register on March 18, 1997, as well as information on this Rule. Included is information on where a reasonable accommodation or modification of the testing procedures would enable a disabled applicant to participate in the naturalization process without requiring a medical certification for disability exceptions. It should be noted that current law does not permit a family member or legal guardian to serve as a proxy for the applicant for purposes of taking the oath of allegiance; officers of the Immigration and Naturalization Service will make reasonable accommodations by accepting a wide variety of signals from an applicant that he/she understands the nature of the oath.

EFFECTIVE DATE : None

INQUIRIES TO : State agencies should address inquiries to Regional Administrators on Aging, DHHS regional offices

ATTACHMENTS :
Exceptions to the Educational Requirements for Naturalization
Instructions and Form N-648 Medical Certification for Disability Exceptions
Supplemental Information for Doctors and Psychologists
Fact Sheet
Questions and Answers

Robin I. Stone
Acting Assistant Secretary for Aging