The N-648 medical waiver (formally known as Medical Certification for Disability Exceptions) is used to exempt people who have a physical or developmental disability or mental impairment from the requirement to demonstrate the otherwise required knowledge of English language and US history and civics in the Naturalization process.  The form is to be completed by the applicant’s physician.  It provides instructions to the physician as well as samples of the correct terminology.  The concepts are simple: the physician states a clinical diagnosis and description of the applicant’s disability or impairment, explains the connection between the impairment and the applicant’s inability to learn or demonstrate knowledge of English and history and finally, states their professional opinion that the applicant is unable to comply with the normal requirements of the test because of the disability.  While this sounds simple, physicians often do not have the time or the patience (no pun intended) to properly complete the form.  Gerstein & Gerstein Attorneys, PA has had much success in resolving these cases.  Often, we’re contacted by an applicant or their family member after their application has been denied or they have been rescheduled to present a properly completed application.  We work closely with physicians to properly and fully complete the form so that the applicant’s waiver can be granted.  Proper planning and understanding of the requirements can lead to a very smooth process.  The hiring of an attorney experienced in dealing with these matters goes a long way and, if the attorney is involved from the beginning, fees can often be less than when the attorney has to rectify the situation after the fact.

On February 4, 2008, the associate director of the USCIS issued a memorandum which stated that applicants with pending adjustment of status applications and waiver applications could be approved if the FBI name check has been pending for 180 days or more and the case is otherwise approvable.  This does not apply to naturalization applications, though.  He went on to say that if negative information comes to light after the case is approved, that the approval could later be revoked.  This is positive news for thousands of people who have been stuck in limbo for years.  The actual method of identifying these cases has yet to be determined.  As for cases pending at service centers, attorneys have been asked to hold off on inquiring for a couple of months while the USCIS attempts to identify these cases.  As for cases pending at local offices, no method has yet been released as to how they will identify these cases or have them brought to their attention.  Nevertheless, it appears, now, that relief has arrived and these cases will soon be finalized.