'Incredibly harsh': Lawyer weighs in on USCIS cracking down on disability exemptions for those seeking US citizenship

DENVER -- The U.S. Citizenship and Immigration Services issued a new policy guidance on June 13, when it comes to a disability exemption for those applying for citizenship.

Naturalization is the legal process of becoming a U.S. citizen for people not born in the country.

When someone goes through the naturalization process, they have to fill out a 14-page application, be able to answer 10 of the possible 100 civic questions, and show that they understand English. The applicant must answer six of the ten questions correctly to pass the civics test.

If someone has a disability, they can fill out an exemption form called the N-648 form, and then they don’t have to take the test.

The exemption is for anyone who is unable to undergo any part of the naturalization examination because of a physical or developmental disability or mental impairment. The conditions can range from dementia to traumatic brain injury, even migraines.

It can only be filled out by a medical doctor, a doctor of osteopathy, or a clinical psychologist, and it usually takes upwards of two hours. It requires the medical professional to really get into detail about why their condition makes them unable to learn English or take the test.

Immigration attorney Kelly Ryan, who advocates for those seeking citizenship, weighs in on the change.

“Cracking down on already marginalized, disabled, immigrant, non-English speaking people is just incredibly harsh, and it's going to impact families and individuals drastically,” said Kelly Ryan with Ryan Immigration Group. “Alleging that doctors are committing widespread fraud is pretty much absurd.”

The USCIS office said there have been about 10 doctors who have been criminally prosecuted for being involved in scams or exploiting the exemption process.

“This critical update is a part of USCIS’ increased efforts to enhance our review of aliens seeking exemptions from demonstrating the English and civics requirements for naturalization. Bad actors have exploited the medical disability review process for decades—with some medical professionals providing fraudulent certifications in hopes that aliens receive an easier pathway to citizenship. They’re wrong.

“Under the direction of President Trump and Secretary Noem, USCIS will address any loophole diminishing the integrity of our immigration system.”

“We're expecting the form to change and get a little bit more complicated and longer. Part of the form that they fill out lists the different tests that they put the patient through, including imaging, which can be very expensive. So you can't adequately fill out the form without putting a lot of time and effort into it,” Ryan said. “So it's pretty ridiculous, in my opinion, to allege that there's widespread fraud.”