N-400 corrections and N-648 questions

sageflow

Registered Users (C)
I filled up my sister's (not the same sister as my other thread) N-400 application because she is mentally handicapped. I also filled out her N-648 and sent it in yesterday to beat the price increase coming up. I have some questions about these.

1. On her N-400 I forgot to fill out her special school information as well as her job information. I was going to come back to it but I realized i forgot soon after I sent it.

2. My second question relates to her mental handicap. She can be exempt from having to learn english and from taking the history exam, but it mentions nothing of the taking the oath. Do you guys know what process one would go through to be excused from the oath?

3. lastly the N-648 I submitted which contains a doctors certification that my sister is indeed handicapped did not seem too thorough, at least compared to the examples in the guidelines. What would happen if the USCIS finds that the descriptions made by the physician are not elaborate enough? (more of a shot in the dark question I guess...I dont expect many people to be familiar with this)

thank you all for your help
Edit/Delete Message
 
A rule of thumb if you think the documentation you have submitted is not sufficient, you gather additional information during the months your sister's application is being processed. It actually is a good thing if you know where your already submmitted application needs extra work because you have time to prepare.

As far as the evidence/documentation you already have submitted, the USCIS will evaluate the application on its merits. Although I am not an expert in how the USCIS exmines the N-400 it receives, it would seem that the omission of the special school and job information wuld be grounds to reject the application.

So it is likely that based on the information you submitted the USCIS will follow the normal course of action:
- send a Notice of Action to acknowledge that the N-400 was received inclding the application fee
- send a Fingerprint Appointment
- send an INterview Latter. You would then need to bring the additional documents at the interview. You would also have the opportunity to correct/add the special school/job information.

From the USCIS Adjudicator's Field Manual:
73.8. English and Civics.
(a) General . Section 312 of the Act requires applicants to meet educational requirements that include demonstration of English language proficiency and knowledge of United States history and government. 8 CFR 312 describes how USCIS is currently implementing the law.

Let us now have a look at 8 CFR PART 312 -- EDUCATIONAL REQUIREMENTS FOR NATURALIZATION

Sec. 312.1 Literacy requirements
The requirements of paragraph (a) of this section shall not apply to any person who is unable, because of a medically determinable physical or mental impairment or combination of impairments which has lasted or is expected to last at least 12 months, to demonstrate an understanding of the English language as noted in paragraph (a) of this section. The loss of any cognitive abilities based on the direct effects of the illegal use of drugs will not be considered in determining whether a person is unable to d emonstrate an understanding of the English language. For purposes of this paragraph, the term medically determinable means an impairment that results from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical or laboratory diagnostic techniques to have resulted in functioning so impaired as to render an individual unable to demonstrate an understanding of the English language as required by this section, or that renders the individual unable to fulfill the requirements for English proficiency, even with reasonable modifications to the methods of determining English proficiency as outlined in paragraph (c) of this section. (Revised 3/19/97; 62 FR 12915 ) (Corrected 4/2/97; 62 FR 15751 ) (Amended effective 3/22/99; 64 FR 7990 )

Sec. 312.2 Knowledge of history and government of the United States
(b) Exceptions . (1) The requirements of paragraph (a) of this section shall not apply to any person who is unable to demonstrate a knowledge and understanding of the fundamentals of the history, and of the principles and form of government of the United States because of a medically determinable physical or mental impairment, that already has or is expected to last at least 12 months. The loss of any cognitive skills based on the direct effects of the illegal use of drugs will not be considered in determining whether an individual may be exempted. For the purposes of this paragraph, the term medically determinable means an impairment that results from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical or laboratory diagnostic techniques to have resulted in functioning so impaired as to render an individual to be unable to demonstrate the knowledge required by this section or that renders the individual unable to participate in the testing procedures for naturalization, even with reasonable modifications. (Corrected 4/2/97; 62 FR 15751 ) (Amended effective 3/22/99; 64 FR 7990 )
 
Last edited by a moderator:
Thank you for the above information McMahon.

To clear things up, are you saying I could wait for her interview to add the job/school information?

I just don't want it to be rejected from the get go and not even make it to the interview stage.
 
This is what I am saying (or writing :) )

Unless you receive before the interview a letter asking you to send more information, it is not recommended to volunteer to mail additional information because you can be practically certain that it will get misplaced and won't reach the A-file or the N-400 petition.
 
Top