Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Naturalization with N-648 Medical Waiver and Oath Waiver
Franchesco Fickey Martinez • November 1, 2024
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Naturalization is the process of becoming a US Citizen through the USCIS Form N-400. The N-400 can (should always now) be done electronically on WWW.USCIS.GOV Website.
However, there are instances due to age, medical conditions, and disabilities that occurred at birth where the N-400 can be daunting. This post will discuss two possible waiver options.
Medical Waiver
First, the Form N-648 Medical Certification for Disability Exceptions is able to WAIVE the English and Civics testing requirements for naturalization because of physical or developmental disability or mental impairment. The N-648 MUST be supported by medical records, hospital records, SSD Records, or any other common records to prove the disability or impairment. The N-648 MUST be completed by a licensed doctor and SHOULD be performed by your current treating physician. If you do not regularly visit a doctor, then you would need to find a new doctor and explain the N-648 form and provide the N-648 instructions to the Doctor’s Staff.
Apart from the N-648, USCIS also REQUIRES the certifying doctor to provide a separate letter detailing:
- state who they are and what their credentials
- state the length of relationship with the patient
- state what (in layman’s terms) has led the doctor to diagnose a patient’s medical condition or disability
- state how and why the patient CAN NOT understand or communicate:
- English Language
- Civic test question
- Oath of Allegiance
- state ANY likelihood that the patient’s medical condition or disability could change in the near future
- Sign the letter on the doctor’s letterhead and provide his or her state license number authorizing them to practice in the US
To Recap, the Medical Waiver will Need:
- Doctor and Patient to sign the N-648 during the in-person appointment
- Medical Records to show when the disability occurred and how it is permanent
- Separate Letter from the Doctor
Can the Medical Exam be Virtual?
USCIS National Policy does state that a virtual medical exam is possible; HOWEVER, it is not recommended. Our office STRONGLY RECOMMENDS the appointment be in person as the virtual appointment run into one very important and reoccurring issue, the N-648 is not physically signed on the day of the medical examination.
Do I have to go to a special Doctor?
No, actually it is heavily recommended to ask your current primary care doctor to conduct the N-648 Evaluation. You can go to any doctor, as any doctor can do the evaluation; however, USCIS Values the doctor that has spent years with a patient versus a 10 minute first/last encounter with a new doctor.
Oath Waiver
Second, if the medical condition or disability is too extreme to permit providing the Oath of Allegiance with a USCIS Officer, USCIS would require a: Legal Guardian, Surrogate, or Designated Representative to take the oath on the applicant’s behalf. This is known as an OATH Waiver.
Persons eligible to act on behalf of the Applicant include:
- A person who a proper court has designated as the applicant’s Legal Guardian or Surrogate and who is authorized to exercise legal authority over the Applicant’s Affairs; or
- In the absence of a Legal Guardian or Surrogate, a:
- US CItizen Spouse
- US Citizen Parent
- US Citizen Adult Son or Daughter
- US Citizen Adult Brother or Sister
- AND, such a family member MUST be the primary custodial caregiver who takes responsibility for the Applicant.
Family “Stand-ins” are more common than a Legal Guardian or Surrogate. A Family Member would have to provide:
- US Passport, US Birth Certificate, or US Naturalization Certificate
- State ID
- Certificate to prove familial relationship: Birth Certificate, Marriage Certificate, or Adoption Decree
- Income Tax Returns, Social Security Administration Documents, or Affidavits from family regarding (a) primary custodial care and (b) that person’s responsibility for the Applicant
- Signed Letter Requesting the Oath Waiver
To Recap, the Oath Waiver will Need:
- Someone to attend
- US Documentation to prove Citizenship
- Photo ID
- Birth/Marriage Certificate to prove relationship or a court order if legal guardian or surrogate
- Signed Letter from the Family Member or legal guardian/surrogate
Should I prepare for both?
Depends, if the applicant has difficulty speaking or signing their name, then the Oath Waiver should also be requested with the N-648 Medical Waiver.
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The I-864 is a Sponsorship Form from USCIS that is used in nearly all Family-based Immigration. This Blog Post will address how SSI and SSDI is assessed in this process. SSI (Supplemental Security Income) provides financial assistance to older adults and persons with disabilities (regardless of age) with very limited income and resources. SSI is […]
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The I-864 Form (Affidavit of Support) allows the US Government to assess someone’s financial capability to support a sponsored person, whether they are a spouse, parent, child, sibling, and even friend. The I-864 primarily assesses two areas of someone’s financials: Annual Income, derived from Paystubs / Pay Checks Adjusted Gross Income taken from the most […]
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This article will cover our office's opinions on the numerous Mobile Immigration Case Tracking Apps, as well as the inaccuracies that arise: Lawfully USCISCaseTracker US Immigration Case Tracker MigraConnect For starters, it is commendable to stay "current" on any immigration filing. Everyone should know what the current status of an immigration filing is. However, the source of information is important. The Federal Government is not "up-to-date" on the Mobile App scene, but most immigration agencies do offer "online case statuses" as well as "processing time estimators." For USCIS, the MYCASE Online Account ( https://myaccount.uscis.gov/sign-in ) should be the primary source of case information. For NVC, the CEAC Online Account ( https://ceac.state.gov/IV/Login.aspx ) should be the primary source of document-uploading, correspondence. For Consular Processing, the specific Embassy or Consulate should be utilized: https://ais.usvisa-info.com/ https://www.ustraveldocs.com/ The third-party mobiles apps are great at providing the "current online status," that information is readily available online at the following agencies: USCIS: https://egov.uscis.gov/ NVC Pre-Documentarily Qualified Status: https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html NVC Post-Documentarily Qualified Status: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/iv-wait-times.html Embassy/Consulate: https://ceac.state.gov/ceacstattracker/status.aspx Where the mobile apps start to have inaccuracies and mis-information is with regard to the following: Estimated case processing time tends to be 100% inaccurate 3rd-party apps fail to show official USCIS or NVC correspondence, which could delay a filing or lead to a denial Confuse an immigrant beneficiary as to the current phase of the immigration process. When is a Mobile App a good thing? It is a helpful tool for an immigrant that is abroad. It allows the immigrant to receive updates. However, most use the app during the USCIS processing of the I-130, and it is more beneficial to just sign up for a USCIS account and elect for Email updates: https://egov.uscis.gov/ (Only the USCIS Receipt Number is required and anyone or multiple people can sign up for such notification services). Why is the Mobile App inaccurate with the USCIS processing time estimate? The App is inaccurate as the estimator requires the category type and location of processing. If you place the incorrect information, the mobile app would be off. Additionally, USCIS provides a "rough estimate" that occurs for 80% of the cases. USCIS may move quicker or slower depending on the specific case history, USCIS Officer assignment, and the Country of Origin. So, if a mobile app ways an estimated processing time is: 5 months, that should be taken with a grain of salt. USCIS is generally slow with Consular Processing, and a little quicker with Adjustment of Status. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The ADIT Stamp is a temporary proof of the I-551 Green Card that is an acceptable form of a lawful permanent resident card that can be used for: Domestic and international travel DMV SSA Employment purposes Need of a government-issued ID The ADIT Stamp can be placed in 1 of 3 locations: As a sticker on the back side of a fairly current/recently-expired I-551 Green Card As a Stamp in an unexpired foreign passport AS a Stamp on an I-94 card The ADIT Stamp may be a byproduct of the following Immigration forms: I-90 for a Green Card renewal or replacement after loss/theft I-751 for Removal of Conditions N-400 for Naturalization The document can be a "stamp" and a close look of the stamp is as follows:
This article will cover the Old Versions of the Green Cards and how they encounter issues with the DMV when attempting to renew a Driver's License as well as with SSA when attempting to acquire Medicaid, SSD, or SSI. The I-151 Green Card: The former Immigration and Naturalization Service (INS) issued Form I-151 (Alien Registration Receipt Card), commonly called a “green card,” to aliens from: July 1946 to 1978. The I-151 Green Card never had an expiration date printed on the card, which has led many to believe their documentation was up-to-date. Even in 2025, I-151 Green Card holders never knew their Green Card had actually expired by law on March 20, 1996 . I-151 card holders experience issues with the DMV, especially after the Real ID Requirements of May 2025, due to the INS records not being easily accessible in current government system, as the INS agency ended in 2003 and was replaced by the agency: USCIS. Additionally, due to I-151 Card Holder's ages, they have either been receiving SSI and Medicaid for many years, or will be starting very soon. For example, if an I-151 Green Card holder received their I-151 Card in 1970 at the age of 10, they would be turning 65 in 2025. According to SSA: Form I-151 is not a valid immigration document. The card lacks security features and presents more opportunities for alteration and fraud than the immigration documents currently being issued. From 1992 through 1996, the former Immigration and Naturalization Service conducted a “Green Card Replacement” project to replace the I-151 cards in circulation. Although the card is not a valid immigration document, the person may still retain lawful permanent status. (Source: https://secure.ssa.gov/poms.nsf/lnx/0200303400) I-151 Card Holders are recommended, depending on their given situation, to either apply for an I-90 Green Card renewal or apply for US Citizenship with the N-400. The I-551 Green Card that didn't expire: The I-551 Green Card is the "current version" of the Lawful Permanent Resident Card. However, there is a lot of confusion on whether the cards with “no expiration date” are still valid. Some government agencies may refer to this un-expiring I-551 as the: ORIGINAL I-551 Whereas, the expiring I-551 may be reviewed to as the: REVISED I-551 The I-551 Green Cards issued between: 1977 and August 1989 have no expiration date, but ARE STILL a valid and acceptable Green Card. However, not every US Agency will acknowledge the old version of the I-551 Green Card since it lacks an expiration date, and a way for the agency to confirm current legal immigration status from when the card was issued in 1977 to 1989. For the DMV, the unexpiring I-551 Green Card may or may not be accepted. A lot has to deal with name changes over the years and whether the file is accessible in current government systems. For SSA, the old or original I-551 is generally accepted as identity is normally compared against a lifelong history of SSA Contributions in Prior Payroll and tax filings. Original I-551 Card Holders are recommended, depending on their given situation, to either apply for an I-90 Green Card renewal or apply for US Citizenship with the N-400 as to avoid issues that may arise in the next few decades (unknown how laws might change). What do I do if I need a new I-551 Green Card ASAP? By filing for either I-90 or N-400, USCIS may issue a "temporary I-551 proof" that can be in the form of the passport, a sticker on the card, or a stamp in an I-94 Card. This temporary proof is called an ADIT Stamp and can be acquired at a local USCIS Office in an INFOPASS Appointment. (More information can be seen here: https://www.fickeymartinezlaw.com/need-a-temporary-green-card-information-on-the-adit-stamp) The following is the SSA policy on ADIT Stamps: When the alien does not have a machine readable immigrant visa (see RM 10211.025C.2 ), DHS places a temporary I-551 stamp in the foreign passport as evidence of immigration status when the alien is admitted to the U.S. as an LAPR for the alien to use until the permanent I-551, Permanent Resident Card, is received. The stamp may be placed in the alien’s foreign passport or on a Form I-94, Arrival/Departure record, when the alien does not have a passport. When an alien previously admitted to the U.S. applies for a replacement I-551 or adjusts to LAPR status, DHS places a temporary I-551 stamp in the foreign passport. When the alien does not have a foreign passport, DHS places the temporary I-551 stamp, a photo of the alien, and DHS seal on Form I-94. Each stamp is uniquely numbered with a five-digit identifier which can be found below the “Valid Until” line. Also, the officer writes the “A” number on the stamp. See the ACM Alert No. 2006A-31 New DHS/USCIS ADIT Stamp under the “I-94” document number and “I-551” document number for more information on the design and fluorescent security features. (Source: https://secure.ssa.gov/poms.nsf/lnx/0200303440#b1)
The Blog Post will hopefully provide better guidance out there that may be nearly a decade old. The 319e Naturalization Option is available for: Green Card Holding Spouses; Whose spouse is an “Active Duty” Member of the U.S. Armed Forces (Not a Veteran or Independent Contractor); Who Currently Live Abroad on official Military Orders; and […]
The post 319(e) Naturalization: Overseas Naturalization Option for Active-duty Military Spouses and Children appeared first on Fickey Martinez Law Firm.
[Ler Post em Português] Under INA 319(b), Spouses of U.S. Citizens who are Employed or Stationed Abroad can be provided a new option for Naturalization. Normally, Spouses must hold their Green Card for a minimum of three years before being eligible to Naturalize through Marriage. Under INA 319(b), Spouses otherwise eligible for the 3-year Naturalization, […]
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This guide is for the US Citizen that is trying to fully understand the US immigration consular process. You may have met an Italian online (possibly through EuroCupid/InternationalCupid) or after being stationed with the US Military abroad at: Aviano AFB Camp Darby Army Base Caserma Ederle Army Base Sigonella Navy Base Gaeta Navy Base La Maddalena Navy Base Naples Navy Base If you have an Italian Spouse or Fiance, this Guide will cover the most common topics and questions. First, what are the two Immigrant Visa Options: The CR-1/IR-1 Spousal (Immigrant) Visa, and The K-1 Fiance (Immigrant) Visa Second, how to get married in Italy? The US Embassy gives the following guidance for marrying in Italy: https://it.usembassy.gov/u-s-citizen-services/marriage/ However, a Virtual Marriage in Utah may also be a viable possibility. Meaning, the US Citizen and the Italian Citizen can be in different countries OR both can be in Italy, and the marriage ceremony can be held virtually in the state of Utah. More information can be seen here: https://www.utahcounty.gov/dept/clerk/marriage/marriagelicense.html Here are some common topics before we dive in to the process:
Many will talk about bring a Philippine Spouse to the US in many different ways: As a K1 Fiance As a CR1 Spouse As an IR1 Spouse As a K3 Spouse As an Immigrant Visa Holder The inherent issue with the Immigrant Visa process, is the processing time. However, what if there was a way to bring your spouse to the US quicker? What if they could be in the US in a matter of weeks or months? Shouldn't every option be considered? This Article will cover the alternative employment options that a Filipina/Filipino Fiance or Spouse could consider to "arriving" to the US quicker. The rule of Employment Visas, when you have a Fiance or Spouse in the US: Two requirements must be stressed: First, employment visas require employment to occur. You cannot come on an employment visa tomorrow, marry the day after, and then pursue a Green Card. That could be classed as visa fraud or circumventing immigration law. If you apply for the employment visa, you must work. Second, the employment should really be job history/education level appropriate. The employment can be used "in conjunction" with an immigrant visa process abroad in Manila. Additionally, there are very slim exceptions that may allow a Foreign Spouse to immigrate within the US through Adjustment of Status, versus Consular Processing. Possible Employment Visa Options based on some industry norms: Teaching/Education: J1 Cultural Exchange Teacher: A popular visa for teachers, where the interview process is facilitated through a J1 Sponsor, and a visa is acquired relatively quickly at the US Embassy in Manila. A list of J1 Sponsors can be seen here: https://j1visa.state.gov/participants/how-to-apply/sponsor-search/ The biggest consequence for the J1 Visa is the 2-year home residency requirement that restricts other employment visas such as H-1B until EITHER you've returned home to the Philippines for 2 years or you've acquired a J1 Waiver. R1 Religious/Private School Teacher: Requires a religious private school, such as a catholic school, to sponsor. More information on a Catholic School (Philippines is predominately Catholic) teaching position can be seen here: https://www.fickeymartinezlaw.com/deeper-dive-r-1-catholic-teacher-positions-how-to-locate-possible-religious-education-employment F1 Student utilizing OPT for Teaching Experience: A student visa holder may be able to acquire the ability to work (aka Employment authorization Card or Optional Practical Training) for 1 to 3 years (depending on whether education was STEM or Non-STEM). This teaching experience is very beneficial for acquiring a H-1B teaching position after the OPT Period. H-1B for Teachers: The most versatile teaching visa option, as many schools tend to have a relationship with a University or College to qualify for Cap-Exempt H-1B Status. More information on how to start can be seen here: https://www.fickeymartinezlaw.com/philippine-teacher-how-to-find-an-h-1b-position-in-the-united-states Healthcare/Medical Fields: H-1B for Medical Professionals and Nurses: Ideally, you should look for Hospitals/Clinics that have sponsored in the past. If they've done it in the past, they may be willing to sponsor again in the future. An unofficial (non-government website) list can be seen here: https://h1bgrader.com/job-titles/nurse-n60ezl4m0z/lca/2025 (You can limit the list by Specific Medical Position, by Year, and also by State) J-1 for Medical Professionals and Nurses: J-1 positions are also available, but the biggest consequence for the J1 Visa is the 2-year home residency requirement that restricts other employment visas such as H-1B until EITHER you've returned home to the Philippines for 2 years or you've acquired a J1 Waiver. Uneducated H-2B Professions: The Department of labor provides the following search bar to assist in locating possible H2b employment: https://seasonaljobs.dol.gov/jobs The common jobs (not an exhaustive list) are: Food Service & Hospitality: Line Cooks Servers Bartenders Housekeepers Front Desk Staff Dishwashers Construction & Labor: Construction Laborer Roofer Asphalt Worker Concrete Laborer Landscaper and Groundskeeper Amusement and Recreation Attendants Amusement Park Worker (very seasonal) Theme Park Worker (very seasonal) Meat, Poultry, and Fish Cutters and Trimmers: Chicken Processing Plant Worker Turkey Processing Plant Worker Pork Processing Plant Worker Crab Cannery Worker If someone has experience in the past with poultry, a chicken processing plant may be ideal. If they've worked in a factory, a cannery may be ideal. If the spouse has construction experience, construction may be ideal. The fact of the matter, there a numerous industries that are in need of employees. If a Foreign Fiance or Spouse can fill that employment position, why not consider the possibility. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
This article will cover the topic of "How to find an H-1B Position?" The Teacher could be in the Philippines at this time, or could be in the US under an alternative teaching visa: J-1 Cultural Exchange Teacher R-1 Religious/Private School Teacher F-1 Student utilizing OPT for Teaching Experience First, lets cover the three visa categories that can bring a teacher to the US: J1 Cultural Exchange Teacher: A popular visa for teachers, where the interview process is facilitated through a J1 Sponsor, and a visa is acquired relatively quickly at the US Embassy in Manila. A list of J1 Sponsors can be seen here: https://j1visa.state.gov/participants/how-to-apply/sponsor-search/ The biggest consequence for the J1 Visa is the 2-year home residency requirement that restricts other employment visas such as H-1B until EITHER you've returned home to the Philippines for 2 years or you've acquired a J1 Waiver. R1 Religious/Private School Teacher: Requires a religious private school, such as a catholic school, to sponsor. More information on a Catholic School (Philippines is predominately Catholic) teaching position can be seen here: https://www.fickeymartinezlaw.com/deeper-dive-r-1-catholic-teacher-positions-how-to-locate-possible-religious-education-employment F1 Student utilizing OPT for Teaching Experience: A student visa holder may be able to acquire the ability to work (aka Employment authorization Card or Optional Practical Training) for 1 to 3 years (depending on whether education was STEM or Non-STEM). This teaching experience is very beneficial for acquiring a H-1B teaching position after the OPT Period. Second, What are some tasks every Philippine Teacher should Consider? Credential Education: Our clients have had positive experiences working with World Education Services , International Education Evaluations , and Education Credential Evaluators . However, the National Association of Credential Evaluation Services (NACES) provides a list of qualifying companies: https://www.naces.org/members . A helpful note, USCIS requires applicants to provide evidence of all degrees, certifications, or licenses received, including specifically: (1) Transcripts, (2) Diplomas, (3) Degrees, and (4) Certificates. Study for the TOEFL: Study for the Test of English as a Foreign Language. Recommend reviewing a free study guide or practice tests. Study for the PRAXIS: The Praxis exam tests the knowledge and skills needed to teach in a specific subject area and grade level. The testing requirements may vary on the state you plan to teach in as well as the grade level or subject area you are seeking to teach. Lastly, how can a Philippine Teacher locate an H-1B Position? Ideally, you should look for Schools that have sponsored in the past. If they've done it in the past, they may be willing to sponsor again in the future. An unofficial (non-government website) list can be seen here: https://h1bgrader.com/job-titles/teacher-g101183607/lca/2025 (You can limit the list by Specific Teaching Position, by Year, and also by State) This should be the starting point of Philippine Teachers planning to acquire an H-1B Teaching Position in the United States.
