Signature Not Possible due to Medical Reasons

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richmondva

Registered Users (C)
Hello: One of my friends mother has a medical condition (hands shiver) in which she is unable to write or sign her name. They are getting ready to file for citizenship. What are her options since it is just not possible for her to do the signature on her own?

They called USCIS and the officer had never encountered this situation before nor had any idea on how to proceed. Any input will be greatly appreciated. Thanks!
 
usnycus said:
I know there is a waiver for people who cannot provide fingerprint.

http://www.nilc.org/immlawpolicy/natzcitzshp/nc018.htm

I am sure there will be provision/exeption for case you have outlined. If local USCIS is not able to answer, check with AILA:

http://www.aila.org/
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Thanks for replying usnycus. Yes! A waiver similar to the fingerprint waiver is what they would be looking for or maybe someone else can officially sign on behalf of the person. At least your response gives them something to look at; otherwise they have been completely clueless about how to proceed and the USCIS customer service has also not been very helpful either.

Would "checking" with AILA imply that one should hire the services of one of the lawyers working for AILA? or is there a forum or a quick question and answer service where I can request an answer to my query (I tried looking but could not find it, maybe I missed something)?

I somehow find it difficult to believe that this situation is unique. I know it may be very rare but there would at least be a few cases where someone else has encountered a similar situation before, be it for Visa, Green Card, Extensions, Citizenship, other immigration stuff etc? I mean the USCIS rules are likely to be the same everywhere as far as waiver of signature is concerned? Any other comments/guidance anyone?
 
She needs to file for an N-648 disability waiver along with the N-400, to request an exemption from having to sign the form and having to do the writing part of the test. They might accept a thumbprint or index fingerprint in place of the signature.
 
Jackolantern said:
She needs to file for an N-648 disability waiver along with the N-400, to request an exemption from having to sign the form and having to do the writing part of the test. They might accept a thumbprint or index fingerprint in place of the signature.
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Since the N-648 also requires the applicant's signature, you also may need to submit G-28 so that authorized representative can sign instead.
 
N400 instructions part11 signature

I do not know whether this is relevant or helps in OPs condition;
That mentions under part11--signature:
'If you can not sign your name in english,sign in your native language.
if you are unable to write in any any language sign your name with X.
Also below it mentions signing by a designated rep.
(I do not know depth of it..just brought out if it applicable).
Please check the above with a lawyer for final legal conclusion on the matter.
 
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Thank you Jacko, Bob and Newf!

All this information should be very helpful. I will forward the link to this thread to the concerned person and she should have her answers. They had been stuck for a few days now and hopefully this should put them back on track.
 
I apologize! I made a mistake. Just heard back from my friend regarding all the information I had collected and sent. For some reason I mixed up but the friends mother is applying for a green card and not citizenship. I suppose I have been in the citizenship mode for the past few months :) . Somehow skipped out of my mind that a citizen can only sponsor parents for PR and not citizenship.

If any of you have any information on the same issue (someone cannot sign due to medical reasons) but for a new green card application (I-485 and others) then what are their options or forms to fill? Is it same or different than citizenship? Let me clarify that I will also post this query on the green card forum before someone starts accusing me of posting to the wrong forum. But thought I should first also check with Bob, Jacko and other pros here since this thread is already open here also and they had made a couple of very useful suggestions.
 
She is applying for a green card? That complicates things, as there are public charge and health inadmissibility criteria to overcome.
 
Jackolantern said:
She is applying for a green card? That complicates things, as there are public charge and health inadmissibility criteria to overcome.
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I had the same doubt but the USCIS approved doctor confirmed that the medical condition she has is not in the USCIS list; and she will not be rejected on medical grounds. She has passed the medical test and has already got the certificate from the doctor.
 
richmondva said:
I had the same doubt but the USCIS approved doctor confirmed that the medical condition she has is not in the USCIS list; and she will not be rejected on medical grounds. She has passed the medical test and has already got the certificate from the doctor.
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OK, that's one obstacle cleared.

However, the public charge aspect could be an issue. People whose health conditions and lack of insurance make them likely to end up in government-sponsored long-term care* can be refused a green card on public charge grounds. If the condition is something serious like Parkinson's, the chances of ending up in that situation are not small. I guess that will be something for the doctors and USCIS to debate. But being unable to sign at least a crude signature, even with medication to control the shaking, highlights how bad the condition has reached.


*other than Medicare, for which they have qualified with 40 quarters of work. But I presume she hasn't been here long enough to qualify for Medicare, and also doesn't have insurance because the insurance companies would refuse her or charge a ridiculous premium.
 
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Jackolantern said:
OK, that's one obstacle cleared.

However, the public charge aspect could be an issue. People whose health conditions and lack of insurance make them likely to end up in government-sponsored long-term care* can be refused a green card on public charge grounds. If the condition is something serious like Parkinson's, the chances of ending up in that situation are not small. I guess that will be something for the doctors and USCIS to debate. But being unable to sign at least a crude signature, even with medication to control the shaking, highlights how bad the condition has reached.


*other than Medicare, for which they have qualified with 40 quarters of work. But I presume she hasn't been here long enough to qualify for Medicare, and also doesn't have insurance because the insurance companies would refuse her or charge a ridiculous premium.
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Thanks for your input Jacko!

I think what she has is not parkinson's but there is a complex medical term that I am forgetting. The issue is mainly with her hands shaking and most other parts of the body are OK. I have met her a couple of times and did not notice anything unusual.

Apparently she can sometimes sign a fairly good signature but the main issue is to be able to do the exact same signature again and that too she finds it very difficult if she has to do it at a particular time (ASAP versus at her leisure when she is relaxed). It makes it even more difficult (almost impossible) if she will have an IO or someone watching over her shoulder and if she has to do it in front of someone. Sounds weird but its true.
 
richmondva said:
Apparently she can sometimes sign a fairly good signature but the main issue is to be able to do the exact same signature again and that too she finds it very difficult if she has to do it at a particular time (ASAP versus at her leisure when she is relaxed). It makes it even more difficult (almost impossible) if she will have an IO or someone watching over her shoulder and if she has to do it in front of someone. Sounds weird but its true.
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In that case, she can take her time to sign the forms when she is comfortable. After that, I don't think there is a need to sign anything, except maybe for fingerprinting. Ask in your other thread in the Family-Based section about whether giving a signature is required at the fingerprint appointment or AOS interview (she is filing for AOS, right? not consular processing).
 
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