Naturalization applications were denied twice due to insufficient N-648; decision reversed after N-336 hearing; N-400 approved.

​Today, we would like to share a successful case with you. The client requested an exception to the English and civics testing requirements for naturalization because of mental impairment.  Her requests for waiver and applications for U.S. Citizenship were denied repeatedly. With our help, the client filed an N-336, Request for Hearing on a Decision in Naturalization Proceedings, and the waiver request was finally accepted, and the citizenship application approved.
 
Due to personal health reasons, the client attempted to apply for the English and Civics Testing waiver four times with different forms signed by the doctors. However, these requests were all denied.
 
The main reasons listed by USCIS for the denial of N-648 Medical Certification for Disability Exceptions are as follows:

• Doctors did not sufficiently address that the applicant's physical condition affects her ability to learn English and civics knowledge;
• The doctors' writing was not legible;
• The doctors did not provide a complete description of the applicant's disability;
• The doctors did not explain how the disability affects the applicant's ability to learn English and civics knowledge;
• The letters provided by the doctors are contradictory. First, the letter indicated that their inability to demonstrate a knowledge of English was due to a disability but also indicated that her inability to learn English and civics may be due to another reason not listed on either N-648.
• On one letter, the doctor indicated that the medical condition only prevented her from learning civics. On a later N-648, the same doctor indicated that her medical condition prevented her from learning both English and civics.

 
Since there was insufficient evidence that could exempt our client from the educational requirements for naturalization, the Officer placed her under oath in the English language. The applicant could not understand or respond meaningfully, her score was too low on the English speaking and comprehension portions of the naturalization test. As a result, the client's citizenship was also denied.
 
The citizenship test includes English and civics knowledge tests. If the applicant meets the following conditions, the applicant can apply for an exemption as follows:
 

1. 1. If you are 50 years or older and resided in the United States as a lawful permanent resident (LPR) for at least 20 years at time of filing. Applicants are exempted to take English test. Applicants may take civics test in their language of choice using an interpreter.
2. If you are 55 years or older and resided in the United States as an LPR for at least 15 years at time of filing. Applicants are exempted to take English test. Applicants may take civics test in their language of choice using an interpreter.
3. If you are 65 or older and resided in the United States as an LPR for at least 20 years at time of filing. Applicants are exempted to take English test. Civics test still required but officers may administer specially designated test forms. Applicants may take the civics test in their language of choice using an interpreter.

 
In addition, if you have a physical or mental disability, you can apply for an exemption by filing Form N-648 (Medical Certification for Disability Exceptions) and presenting medical proof and evidence.
 
If the application for naturalization is denied, you will receive a denial letter from USCIS, and there will be reasons listed for the denial. If the applicant believes that  USCIS has made a mistake, he/she can request a hearing. To request a hearing, you must fill out the N-336 form and pay the fee within 30 days after your N-400 is denied. If you do not submit a request for a hearing within the required time, you will be deemed to have accepted USCIS’s decision.
 
On behalf of the client, we filed an N-336 Request for a Hearing on a Decision in Naturalization Proceedings and accompanied the client to the hearing. After the hearing, USCIS reversed the denial and accepted the client's N-648 form. The client was successfully naturalized and exempted from English and civics tests, and finally realized her American dream.