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After an applicant has been approved by U.S. Citizenship and Immigration Services (USCIS) to become a citizen, the last step of the citizenship process is to take the oath of allegiance. During the oath ceremony, the applicant raises their right hand and swears their loyalty to the United States. When doing so, normally the applicant must understand that they are becoming a citizen, giving up allegiance to their country of nationality, and are doing so voluntarily.

However, if a client cannot understand the oath of allegiance due to a disability, they can request a waiver of the oath requirement. For instance, if a client has an intellectual disability that prevents them from understanding basic concepts of truth, loyalty, and citizenship, they may need an oath waiver.

To prove that the applicant requires an oath waiver, the applicant must submit a Form N-648, Medical Certification for Disability Exception, along with supporting documents. An N-648 is a request that the applicant be exempt from the English and/or civics exams during their citizenship interview due to a disability. It must be filled out by the applicant’s doctor and explain why the applicant’s disability prevents them from learning English and/or civics. If the doctor also believes that the applicant cannot understand or communicate an understanding of the oath of allegiance, they will indicate so on the N-648. For more information about the N-648 process, read more here.

If the applicant does not request an oath waiver, but USCIS suspects that the applicant needs one when conducting the citizenship interview, they may ask questions to assess.

Examples of questions they may ask are:

  • Do you like living in the U.S.?
  • Would you hurt anyone in this country?
  • Do you want to be an American?
  • If your father told you to help America, would you?

These questions will help the USCIS officer determine whether the applicant can actually understand the oath of allegiance.

If USCIS and the applicant’s doctor believe the applicant requires an oath waiver, a qualifying person can take the oath of allegiance in the applicant’s place. Depending on the circumstances, the oath taker may be the applicant’s legal guardian, parent, child. Additionally, specific documentation will need to be provided to USCIS related to the applicant’s disability and the oath taker. If you believe your loved one who is applying for citizenship may need an N-648 and/or an oath waiver, we encourage you to contact Project Citizenship. Our team can explain your options and help guide you through the process.