The Immigration and Naturalization Service has published a new final rule that makes minor changes in its previously published rule establishing an administrative procedure by which disabled naturalization applicants can apply to be exempted from the requirement that they demonstrate a basic knowledge of English and of U.S. history and civics.  Under the naturalization statute, certain individuals with physical or developmental disabilities or mental impairments may be exempted from the naturalization-related English and civics requirements.  The new final rule, published Feb. 18, 1999, incorporates some changes that the INS made in response to comments that were submitted regarding the previously published rule, which the INS issued on Mar. 19, 1997.

Among other things, the regulation now permits licensed doctors of osteopathy to complete the form that people applying for the exemption must submit, Form N-648 (Medical Certification for Disability Exceptions).  In addition, the regulation permits the medical practitioners completing the form to use medically acceptable clinical or laboratory diagnostic techniques to establish that the exemption applicant has medically determinable impairments.  The previous version of the rule required that the presence of any impairments be established via the use of clinical and laboratory diagnostic techniques.

In the revised rule, the INS also made minor revisions to Form N-648 because the agency judged that the original form was not being adequately completed.  In the form’s previous version, question 3 asked the medical examiner to provide a comprehensive medical diagnosis of the applicant and the reasons for the applicant’s inability to meet the basic English and/or civics requirements.  For applicants with mental disabilities or impairments, the form requested that the examiner provide a Diagnostic and Statistical Manual mental disorders diagnosis.  In the revised form, question 3 is expanded to elicit a more complete response.  The new form also contains a modification to question 4, eliminating the second part of the former version, which asked when the applicant’s condition was first manifested.

The new rule took effect on Mar. 22, 1999.