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![]() Medical Disability Exception (Form N- 6. Chapter 3, Part E, Volume 1. ![]() Policy Manual. A. Medical Exception Requirements. In 1. 99. 4, Congress enacted legislation providing an exception to the naturalization educational requirements for applicants who cannot meet the educational requirements because of a physical or developmental disability or mental impairment. · Disclaimer: We take no responsibility for accuracy of information provided. Please use at your own risk. Do not post anything you don't want publicly visible. The English and civics requirements do not apply to naturalization applicants who are unable to comply due to a “medically determinable” physical or developmental disability or mental impairment that has lasted, or is expected to last, at least 1. The regulations define “medically determinable” as a determination made by acceptable clinical or laboratory techniques. The applicant must demonstrate a disability or impairment that affects the functioning of the individual such that, even with reasonable accommodations, he or she is unable to demonstrate the educational requirements for naturalization. Illiteracy alone is not a valid reason to seek an exception to the educational requirements. In addition, advanced age, in and of itself, is not a medically determinable physical or developmental disability or mental impairment. An applicant seeking an exception to the educational requirements submits a Medical Certification for Disability Exceptions (Form N- 6. A licensed medical professional must complete the form. The medical professional must certify that the applicant’s medical condition prevents the applicant from meeting the English requirement, the civics requirement, or both requirements. USCIS recognizes that certain circumstances may prevent concurrent filing of the naturalization application and the disability exception form. Accordingly, an applicant may file the disability exception form during any part of the naturalization process, including after the application is filed but before the first examination, during the first examination, during the re- examination if the applicant’s first examination was rescheduled, and during the rehearing on a denied naturalization application. B. Medical Exception Versus Accommodation. Requesting an exception to the English and civics requirements is different from requesting an accommodation to the naturalization examination process. An exception to the English and civics requirements exempts the applicant from the educational requirements completely. An accommodation, on the other hand, simply modifies the manner in which an applicant meets the educational requirements; it does not exempt the applicant from the educational requirements. Reasonable accommodations include, but are not limited to, sign language interpreters, extended time for testing, and off- site testing. A disability exception requires an applicant to show that his or her medical condition prevents him or her from complying with the English and civics requirements even with reasonable accommodations. C. Authorized Medical Professionals. USCIS only authorizes the following licensed medical professionals to certify the disability exception form: •Medical doctors; •Doctors of osteopathy; and•Clinical psychologists. These medical professionals must be licensed to practice in any state of the United States, Washington, D. C., Guam, Puerto Rico, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands. The medical professional must: •Conduct an in- person examination of the applicant; •Explain the nature and extent of the medical condition on Form N- 6. Explain how the medical condition relates to the applicant’s inability to comply with the English and civics requirements; •Attest that the medical condition has lasted or is expected to last at least 1. Attest that the cause of the medical condition is not related to the illegal use of drugs. The medical professional must complete the disability exception form using common terminology that a person without medical training can understand. While staff associated with the medical professional may assist in completing the form, the medical professional alone is responsible for verifying the accuracy of the form’s content. The medical professional certifying the form may attach supporting documents, such as medical diagnostic reports and records. The attachments must not replace written responses to each question or item on the form. D. Guidelines for Officer’s Review. General Guidelines for Review. An officer must review the disability exception form to determine whether the applicant is eligible for the exception. The officer may reach one of the following outcomes after his or her review: •The form sufficiently establishes that the applicant is eligible for the exception; or•The form is insufficient in establishing that the applicant is eligible for the exception. The tables below provide general guidelines on what an officer should and should not do when reviewing a disability exception form. General Guidelines for Officer’s Review of Form N- 6. When reviewing the form, an officer SHOULD: Determine whether the form has been properly completed, certified, and signed (the medical professional must have certified the form within 6months of its submission). Once certified, the form is valid for the duration of the application. Ensure that the form relates to the applicant and that there are no discrepancies between the form and other information, including biographic data, testimony during the interview, or information contained in the applicant’s A- file. Determine whether the form fully addresses the underlying medical condition and its causal connection with the applicant’s inability to comply with the requirements. Determine whether the form contains sufficient information to establish that the applicant is eligible for the exception by a preponderance of the evidence (more likely than not)General Guidelines for Officer’s Review of Form N- 6. When reviewing the form, an officer SHOULD NOT: Assume responsibility or authority to determine the validity of the medical diagnosis or opinion on the applicant’s ability to comply with the English and civics requirements. Refer an applicant to another medical professional solely because the applicant sought care from a professional who shares the same language, culture, ethnicity, or nationality. Conclude that the applicant does not have the medical condition because it was not previously recorded in other immigration related medical examinations or documents Question an applicant about the applicant’s ability to complete a certain activity if the form does not discuss that particular activity. Require that an applicant complete specific medical, clinical, or laboratory diagnostic techniques, tests, or methods. Develop and substitute his or her own diagnosis of the applicant’s medical condition in lieu of the medical professional’s diagnosis. Use questionnaires or tests to challenge each applicant’s diagnosed medical condition. Question the applicant about his or her medical care, job duties, community and civic affairs, or daily living activities unless facts in the form or during the examination directly contradict facts in the A- file. Request to see an applicant’s medical records or prescription medication solely to question whether there was a proper basis for the medical professional’s diagnosis. Infer that the applicant is able to comply with all portions of the English and civics requirements in cases where an applicant only seeks an exception from certain portions. Review for Completeness of Form. An officer must verify that the submitted disability exception form is complete. The officer should verify that the medical professional has answered all of the required questions and has certified the form along with the applicant. If a question has not been answered completely or the medical professional or applicant does not sign the form, the officer must proceed with the examination in English as if the applicant had not submitted the form. The officer provides the applicant with an opportunity to take each portion of the English and civics test. A complete form [7] must contain all of the information requested on the form, to include the information listed in the table below. Properly Completed Form N- 6. All forms must contain the information requested on the form, to include: Clinical diagnosis of the applicant’s medical condition and, if applicable, the relevant medical code recognized by the Department of Health and Human Services (HHS).
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