In recent years there have been applicants for naturalization who in all other respects are eligible, but who, because of mental illness or disability, have been unable to comprehend the oath "of renunciation and allegiance." Their lawyers had asked the INS to waive the oath for deserving applicants, but the INS maintained that it had no authority to change a provision of law: that was up to the Congress. Congress has now taken that action, and the President signed the bill into law on November 6, 2000.

Under the new law, which amends Section 337(a), "The Attorney General may waive the taking of the oath by a person if in the opinion of the Attorney General the person is unable to understand, or to communicate an understanding of, its meaning because of a physical or developmental disability or mental impairment. If the Attorney General waives the taking of the oath by a person under the preceding section the person shall be considered to have met the requirements of section 316(a)(3) with respect to attachment to the principles of the Constitution and well disposition to the good order and happiness of the United States." The waiver applies to those who applied for naturalization before, on, or after November 6, 2000.

About The Author

He has written a book on immigration law, called "Immigration Questions and Answers," 1997, Allworth Press, 10 East 23rd Street, New York, NY 10010 (212) 777-8395. The book, which contains essential background information about how the immigration law works, can be ordered in both an English Edition and a Spanish version from www.amazon.com.