The memo notes that the Rehabilitation Act requires federal agencies to make reasonable accommodations for people with disabilities and that the new policy was developed to comply with this requirement.  The new procedures apply to naturalization applicants scheduled for fingerprinting on or after Nov. 15, 1999, the date the memo was issued.

The memo explains that waivers of fingerprint requirements are available for individuals who "for various reasons" are unable to provide either any fingerprints or legible fingerprints.  Such reasons "may include, but are not limited to, birth defects, physical deformities, or skin conditions."  The waiver may be granted only by an INS officer responsible for overseeing applicant fingerprinting—i.e., an INS Application Support Center (ASC) manager, an INS officer supervising a mobile fingerprinting route, or an INS officer acting in the capacity of an ASC manager.

In order to grant a waiver, the officer must have (1) personally seen the applicant, (2) attempted to fingerprint the applicant or observed an INS-employed fingerprint technician attempt to fingerprint the applicant, and (3) determined that the applicant cannot be fingerprinted at all or cannot provide a single legible fingerprint.

Waivers cannot be granted solely because an applicant has fewer than ten fingers and can only be granted where the applicant cannot provide any fingerprints.  No waiver is to be granted if the applicant’s inability to provide a print is due to a temporary condition.

Individuals who believe they qualify for a fingerprint waiver must still be scheduled for and appear for fingerprinting at an INS-designated location.  If they are scheduled for fingerprinting at a designated law enforcement agency (DLEA) and the DLEA believes they cannot be fingerprinted, the DLEA must refer the applicants to an INS fingerprinting location where a waiver can be granted.

Individuals who are granted fingerprint waivers must bring local police clearances to their naturalization interview.