Citizenship and Naturalization

In its first month, the Trump administration has issued dozens of executive orders (EO) that seek to limit access to the immigration system, target foreign nationals for political gain and sow chaos and fear among immigrant and advocate communities. This explainer focuses on aspects of the EOs that target immigration benefits, processing and adjudication.

In 2024, USCIS issued a new Form N-400, Application for Naturalization, with more lengthy and complicated instructions on evidence that could be included. This guide will help practitioners understand what documents naturalization applicants must submit to the USCIS to accept and adjudicate the N-400 form and when to submit each document.

On August 12, ILRC provided feedback to USCIS on recent changes made to the acquisition of citizenship portion of the USCIS policy manual. ILRC commended the agency for providing clarity in some of the sections and provided suggested language that should be incorporated into the policy manual to ensure that all eligible applicants – including those who were previously denied and are now eligible due to changes to USCIS policy – are able to access the process now and obtain proof of their acquired citizenship.

On July 15, 2024, the ILRC along with Disability Rights Education and Defense Fund (DREDF) provided comment on Form N-648, Medical Certification for Disability Exceptions. ILRC and DREDF urged the agency to remove a question that conflates the disability exceptions for English and civics testing with waivers for the oath of allegiance.

Recently, USCIS has conflated guidance for naturalization disability waivers of English and civics with waivers of the oath requirement for persons with disabilities. The confusion stems from USCIS’s addition of a question on oath waivers on the N-648 disability waiver form. These are separate waivers with distinct purposes, legislative histories, and administrative guidance.

This practice advisory will describe the enactment of the oath waiver and current USCIS guidance as well as describe the ways that it is distinct from a waiver of the English/civics requirement.