The Oath of Allegiance Waiver for Persons with Severe Disabilities
Recently, USCIS has conflated guidance for naturalization disability waivers of English and civics with waivers of the oath requirement for persons with disabilities. The confusion stems from USCIS’s addition of a question on oath waivers on the N-648 disability waiver form. These are separate waivers with distinct purposes, legislative histories, and administrative guidance.
This practice advisory will describe the enactment of the oath waiver and current USCIS guidance as well as describe the ways that it is distinct from a waiver of the English/civics requirement.
Advocacy Letter to USCIS on Problems with Disability Waiver Implementation (June 2023) - LA County (LAC) USCIS
ILRC wrote to USCIS leadership on behalf of local programs representing naturalization applicants with disability waivers in LA County USCIS. Despite major changes to the USCIS Policy Manual and Form N-648 on October 22, 2022, this office of USCIS resists implementation of the new guidance and continues to be dismissive and hostile towards applicants with disability waivers.
ILRC N-600 Comment
ILRC submitted this comment on the N-600 Certificate for Citizenship on October 26, 2023, with suggestions on how to make the form more accessible and consistent with current law and policy, thus increasing access to citizenship.
Naturalization Test Redesign
In December 2022 USCIS announced that it was starting a pilot project to redesign the English/civics test for naturalization. If the pilot test is adopted, applicants will face a more difficult English/civics exam. This community explainer breaks down some of those challenges, and how advocates can push for a more inclusive process of naturalization.
How to: Check your Selective Service Registration
This quick guide shares how to check your Selective Service registration status. For various applications with U.S. Citizenship and Immigration Services (USCIS), providing proof of registration with the Selective Service System is a vital part of qualifying for immigration relief. Learn more with this step-by-step guide.
An Update on Immigration Filing Fees (July 2023)
This FAQ provides an update on immigration application filing fee changes that were recently proposed by U.S. Citizenship and Immigration Services (USCIS).
ILRC Comments on Proposed Changes to Form N-400
On June 20, 2023, the ILRC submitted a comment to USCIS regarding the proposed changes to From N-400, Application for Naturalization. ILRC commended the agency for a number of positive changes that streamlined and shortened the form. ILRC also made several suggestions to USCIS to clarify and narrow the information required from applicants to ensure that only relevant information is collected on the form.
USCIS Policy Manual Suggestions
The Immigrant Legal Resource Center submitted this letter on June 16, 2023, to thank USCIS for the many changes that have already been made to the USCIS Policy Manual and to provide further recommendations for changes to the Policy Manual that USCIS can immediately implement to increase access to immigration benefits and reduce backlogs. The letter provides suggestions that include ongoing recommendations from prior letters and engagements as well as new ones.
ILRC Fee Rule Comment
On March 8, ILRC provided comments on the USCIS proposed fee rule. In the comment, ILRC commended agency actions codifying fee exemptions. Additionally, ILRC requested that USCIS codify fee waiver eligibility standards and raise the income threshold for fee waivers. We also requested that fee increases be reduced for applications for lawful permanent residence, work authorization and family petitions, among others. Finally, the comment provides requested changes to various USCIS forms that are open for comment in conjunction with the proposed fee rule.
Changes to Green Card Renewals for Naturalization Applicants
On December 9, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that they will automatically extend the validity of Permanent Resident Cards—also known as green cards—for those who apply for naturalization on or after December 12, 2022. This FAQ covers what the changes mean, how the implementation works, and more.
Introduction to Federal Rulemaking and Public Participation
Federal Rulemaking is one of the most direct ways that the public can participate and shape policies and practices of executive agencies. Federal regulations govern the executive agencies charged with enforcing the United States’ immigration laws and granting immigration benefits to eligible applicants. However, the process of Federal Rulemaking is often misunderstood and public participation in the process is under-utilized. This practice advisory provides an overview of the federal regulatory and rulemaking process as well as the authorities that govern this process as well as a guide to
Alert-October 2022 Changes to USCIS FORM N-648 and to the USCIS Policy Manual
This alert describes recent changes to the naturalization disability waiver. On October 19, 2022, USCIS announced major revisions to the Form N-648, which is used by naturalization applicants who seek a waiver of the English and/or civics requirement based on a disability or impairment that causes the applicant to be unable to learn or demonstrate knowledge of English and/or civics. USCIS also published major changes to the accompanying USCIS Policy Manual guidance.
Comment on Form N-400, Application for Naturalization
On July 14, 2022, the ILRC submitted a comment to USCIS about Form N-400, Application for Naturalization. ILRC requested that USCIS revise Form N-400 to be shorter and to request information that is only relevant to eligibility for naturalization. ILRC also encouraged USCIS to do away with its practice of re-adjudicating underlying forms at the naturalization stage – a practice that is burdensome in time and resources and discourages eligible Lawful Permanent Residents from engaging with the naturalization process.
Naturalization for Persons with Disabilities
This advisory describes the various ways that persons with disabilities can navigate the naturalization process, including requesting accommodations, seeking an N-648 disability waiver of the English/civics requirement, and applying for an oath waiver. The advisory describes recent changes to the USCIS’s policy manual and upcoming changes to the N-648.
ILRC Advocacy Letter on Oath Waiver and Accommodations for Naturalization Applicants with Disabilities
The ILRC wrote to USCIS advocating for changes in the USCIS Policy Manual on requirements for naturalization oath waivers and accommodations. USCIS’s Policy Manual guidance unnecessarily restricts oath waivers to person who have certain U.S. citizen relatives or a court-ordered legal guardian or surrogate, a requirement that does not exist in statute or regulation.
ILRC’s USCIS Policy Manual Priorities
The ILRC submitted these recommended priorities to USCIS for improvements to the USCIS Policy Manual. This letter follows our list of USCIS Policy Manual recommendations provided to USCIS on September 2, 2021 (available here: https://www.ilrc.org/sites/default/files/resources/ilrc_uscis_pm_sugges…). While every change we suggested is important, a few have become more urgent as they are needed immediately to prevent further erroneous denials of benefits to immigrants and unnecessary chilling effects. The following priorities were gathered after conversations with partners across the
Department of State FOIA Requests for Personal Records
In certain immigration cases, you may want to submit a Freedom of Information Act (FOIA) request to the U.S. Department of State (DOS), such as to try to find information about previous visa applications and passport records. This Practice Advisory will go over the DOS FOIA process in detail and provide practice tips for obtaining personal records from them, including best practices.
Advocacy Comment on the N-648 Naturalization Disability Waiver Form
On November 5, 2021, the ILRC participated in comments to USCIS with the Naturalization Working Group concerning proposed revisions to the N-648 form for Medical Certification for Disability Exception for naturalization applicants. The form revisions overall represent an improvement over prior versions by shortening the form and eliminating irrelevant questions. The comment also urges USCIS to withdraw 2018 – 2020 changes to volume 12 of the USCIS policy manual that continue to unnecessarily limit eligibility for disability waiver applicants.
Denaturalization Priorities
The ILRC, along with 96 international and national organizations, urge the Department of Homeland Security (DHS) to halt the use of denaturalization, a racialized and criminalizing tactic to determine who belongs in the United States.
ILRC Comment to Department of State
The ILRC submitted comments to the U.S. Department of State (DOS) on October 14, 2021. DOS had solicited public input on recommendations for changes needed at the agency in a federal register notice on September 16, 2021.
ILRC USCIS Policy Manual Suggestions
The ILRC wrote this document to provide recommendations for changes to the Policy Manual that USCIS can immediately implement to rectify the previous administration’s policies, increase access to immigration benefits, and reduce backlogs.