D. Requesting a Waiver of the Oath of Allegiance Requirement

• Library: Becoming a U.S. Citizen (Nolo) (2021 Ed.)

D. Requesting a Waiver of the Oath of Allegiance Requirement

The last step in becoming a U.S. citizen is to attend a ceremony in which you take an oath, swearing allegiance to the United States. Despite their disabilities, many applicants successfully attend the ceremony and take the oath. However, for some, particularly those with severe developmental or cognitive difficulties, understanding or repeating the Oath of Allegiance will be impossible.

Although the former INS refused citizenship to many applicants who couldn't take the oath, a law passed in 2000 fixed the problem by providing a waiver of the oath requirement. The waiver applies to people who are "unable to understand, or to communicate an understanding of [the oath's] meaning because of a physical or developmental disability or mental impairment." (See I.N.A. § 337(a), 8 U.S.C. 1448(a).)

If you are the naturalization applicant, and you are reading and understanding this paragraph, you don't need this waiver. It's also not meant for people who would find it physically very difficult to attend the ceremony—USCIS prefers to find a way to accommodate such people, including visiting them at home if absolutely...