I guess INS already recognized this special situation.
INS Memo on Fingerprint Waiver Policy
November 15, 1999
MEMORANDUM FOR:
REGIONAL DIRECTORS
DISTRICT DIRECTORS
OFFICERS-IN-CHARGE
SERVICE CENTER DIRECTORS
FROM:
William R. Yates
Deputy Executive Associate Commissioner
Office of Field Operations
Immigration Services Division
SUBJECT: Fingerprint Waiver Policy for Naturalization Applicants who am Unable to be Fingerprinted
Public Law 105-119 requires that the immigration and Naturalization Service (INS) receive confirmation from the Federal Bureau of Investigation (FBI) that a full criminal background check has been completed before adjudicating a naturalization application. At this time, the FBI makes this type of confirmation only in response to queries made by submitting fingerprints. However, there is it small number of applicants for naturalization who have disabilities that render them unable to be fingerprinted or provide legible fingerprints.
The Rehabilitation Act requires in certain instances that all federal agencies make reasonable accommodations for people with disabilities. Therefore, this memorandum establishes a fingerprinting waiver for certain naturalization applicants with disabilities who are unable to provide fingerprints or are unable to provide legible fingerprints. This memorandum also provides guidance on the procedures for waiving the fingerprinting requirement and alternative procedures for determining whether the applicant meets the good moral character eligibility requirement. These procedures are effective for naturalization applicants scheduled for fingerprinting on and after the date of this memorandum.
Waiver Eligibility
A small number of applicants, for various reasons, are unable to provide fingerprints or unable to provide legible fingerprints. These reasons may include, but are not limited to, birth defects, physical deformities, or skin conditions.
Only an INS officer responsible for overseeing applicant fingerprinting is authorized to waive the fingerprinting requirement. An INS officer may grant a waiver only after he or she:
Has personally seen the applicant;
Has attempted to fingerprint the applicant or has observed a fingerprint technician employed by INS attempt to fingerprint the applicant; and
Determines that the applicant cannot be fingerprinted at all or cannot provide a single legible fingerprint.
A fingerprinting waiver may never be granted simply because an individual has fewer than 10 fingers. The FBI can produce a criminal background record for an individual who provides fewer than 10 fingerprints. A waiver may only be granted when an INS officer determines that an applicant can provide no fingerprints. The waiver must not be granted solely because it appears that the prints will be unclassifiable. In addition, a fingerprinting waiver may never be granted if the reason an individual cannot provide fingerprints or cannot provide legible fingerprints is due to a temporary condition. The decision of the INS officer not to grant a fingerprinting waiver is final and may not be appealed.
