There are exceptions and modifications to the naturalization requirements that are available to those who qualify. United States Citizenship and Immigration Services (USCIS) also provides accommodations for individuals with disabilities.
English Language Exemptions
You are exempt from the English language requirement, but are still required to take the civics test if you are:
• Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (Green Card holder) in the United States for 20 years (commonly referred to as the 50/20 exception); OR
• Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the 55/15 exception).
Note that:
• Even if you qualify for the 50/20 or 55/15 English language exceptions listed above, you must still take the civics test.
• You will be permitted to take the civics test in your native language.
• If you take the test in your native language, you must bring an interpreter with you to your interview.
• Your interpreter must be fluent in both English and your native language.
• If you are age 65 or older and have been a permanent resident for at least 20 years at the time of filing for naturalization, you will be given special consideration regarding the civics requirement.
Medical Disability Exceptions to English and Civics
You may be eligible for an exception to the English and civics naturalization requirements if you are unable to comply with these requirements because of a physical or developmental disability or a mental impairment.
To request this exception, submit Form N-648, Medical Certification for Disability Exceptions. This form must be completed by a licensed medical or osteopathic doctor, or licensed clinical psychologist.
Continuous Residence Exceptions
If you are engaged in certain kinds of overseas employment you may be eligible for an exception to the continuous residence requirement.
Disability Accommodations
Under Section 504 of the Rehabilitation Act of 1973, USCIS provides accommodations or modifications for applicants with physical or mental impairments that make it difficult for them to complete the naturalization process. Applicants are encouraged to list their needs in the space provided on Form N-400, Application for Naturalization.
Oath of Allegiance
After applying for naturalization—and in order to be naturalized—you must take the Oath of Allegiance in a public ceremony. The law allows for certain modifications to the Oath of Allegiance. For more information, see section 337 of the Immigration Nationality Act (INA) (8 U.S.C. §1448) and the relevant federal regulation in the Code of Federal Regulations at 8 CFR 337.1(b).
In South Dakota, as in all states, the USCIS provides certain exceptions and accommodations for naturalization applicants. Those who are 50 years or older and have lived in the U.S. as permanent residents for at least 20 years (50/20 exception), or are 55 years or older with at least 15 years of permanent residency (55/15 exception), are exempt from the English language requirement but must still pass the civics test. These applicants may take the civics test in their native language with the help of an interpreter. Additionally, applicants who are 65 years or older with 20 years of permanent residency are given special consideration when taking the civics test. For those with medical disabilities that prevent them from fulfilling the English and civics requirements, Form N-648 can be submitted with a medical professional's certification to request an exemption. Applicants working overseas in certain capacities may be exempt from the continuous residence requirement. The USCIS also provides disability accommodations under the Rehabilitation Act of 1973, which should be indicated on Form N-400. Lastly, modifications to the Oath of Allegiance are permissible for eligible applicants, as outlined in section 337 of the INA and 8 CFR 337.1(b).
