What type of support exists in immigration for people with disabilities?
What type of support exists in immigration for people with disabilities?
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The United States Citizenship and Immigration Services (USCIS) is not only responsible for managing everything related to immigration procedures in the country; It also offers different avenues, resources, and options for the multiple circumstances that applicants may have to ensure broad access to the processes without sacrificing legal status.
Implementing specific adaptations and support mechanisms for people with disabilities, for example, is a point rarely mentioned but worth highlighting. To increase public awareness, we present below the various types of accommodations that the institution offers to those seeking visas, green cards, or US citizenship.
Greater accessibility for special needs
In October 2022, USCIS introduced significant updates to forms and policies, reducing barriers for people with disabilities seeking the naturalization process. Among them were the simplification of the application form, the possibility of waiving English and civics tests for naturalization in cases where a physical or developmental disability or mental impairment limits the chances of passing them, and new telehealth guidelines.
The changes were implemented following a review of comments and suggestions from the public and feedback received in response to a Federal Register notice on the form and a Request for Public Input (RPI), Identifying Barriers to Health Benefits and Services. USCIS, both published in April 2021. The institution also offers information in alternative formats, such as Braille, large print, and accessible electronic formats, to serve people with visual impairments.
Beyond policies and paperwork simplifications, there were also improvements in physical aspects. For example, USCIS facilities have been modified to provide and ensure an accessible environment for applicants with special needs. Its offices have been equipped with ramps, elevators, and other facilities for people with mobility problems.
Reasonable accommodations at any stage
Something we cannot fail to highlight is that people with disabilities can request reasonable accommodations from USCIS at any stage of the immigration process. To do this, there are specific forms, such as Form N-648 (Medical Certification for Disability Exceptions), to request an exemption for the citizenship test, as we already mentioned. The latter is the most practical for cases of long-term medical conditions.
However, to obtain such an exemption, a licensed medical professional must determine that the applicant’s disability indeed impedes learning or demonstrating knowledge of the English language, the history, principles, and form of government of the United States, or both. The medical professional is in charge of filling out the form. USCIS only authorizes physicians, osteopaths, and clinical psychologists.
Form I-912 (Application for Fee Waiver) allows you to request a fee waiver for anyone who can demonstrate that they are genuinely experiencing financial hardship.
Language assistance
Additionally, there are accommodations for applicants with a hearing disability or limited English proficiency, known as language assistance services. The availability of sign language interpreters, forms in different languages, and assistive hearing devices stands out.
It is known that asylum seekers are allowed to bring an interpreter. However, in these specific cases, the resources enable people with disabilities to understand and participate in the immigration process fully.
Special accommodations for interviews and medical exams
As if that were not enough, USCIS also recognizes that some applicants may require special accommodations during visa interviews. If needed, these people can request additional time, breaks, or the presence of a support person during the naturalization interviews.
Likewise, for processes that involve medical examinations, such as applying for a Green Card, the institution offers the possibility of making reasonable accommodations to address specific health considerations. However, it is always necessary that the companions, caregivers, or guardians maintain communication with the immigration officers.
Based on these facilities, USCIS encourages applicants with disabilities to communicate their needs to ensure a smooth and pleasant experience in their immigration procedures.
Presidential goals
It is worth noting that the US administration’s objective with these adaptations is to eliminate barriers to legal immigration for exceptional cases. This action is derived from President Joe Biden’s Executive Order 14012, which seeks to “restore faith in our legal immigration systems and strengthen integration and inclusion efforts for new Americans.”
At the same time, modified support for disabled immigrants is a response to this administration’s goal of removing barriers for underserved populations under Executive Order 13985, which pursues the “promotion of race and equity and support for underserved communities through of the federal government.”
Importance of immigration support for people with disabilities
Immigration support for people with disabilities is essential for several reasons. First, it guarantees equal opportunities, promotes inclusion, and respects human rights. Second, it ensures compliance with the principles of equality and non-discrimination enshrined in human rights laws.
Likewise, fostering an inclusive and diverse environment benefits society. Including people with disabilities in the immigrant community contributes to the richness and variety of perspectives, skills, and experiences.
People with disabilities significantly contribute in various areas, such as education, employment, and culture. Facilitating their immigration and providing adequate support will allow these people to contribute fully to the development and enrichment of their communities.
Additionally, people with disabilities may need specific services and resources to meet their needs. These include specialized medical care, access to adapted facilities, and support programs. Ensuring that these services are available to immigrants with disabilities is essential to their well-being and active participation in society.
Many countries are committed to international agreements and treaties that uphold the rights of people with disabilities. The support offered is consistent with these commitments and reflects a respect for international standards.
Legal advice for caregivers and immigrants with disabilities
Due to ignorance, unnecessary processes are often initiated that could result in extended waits or rejections of the naturalization process when there are options for each circumstance. This is why immigrants and naturalized citizens need to be aware of these adaptations.
However, we know that most people do not handle this information. Although the official USCIS website contains the basis of this content, among many others, the ideal is to have experienced professional advice on the steps of the naturalization of immigrants who arrive in the United States.
Kannan Law has a long history in immigration legal advice and has professionals knowledgeable about existing adaptations for disability cases. Our contact section is available to receive your case and advise you on the best path to achieving permanent legal status.