As an attorney who handles both Immigration and Social Security Disability (SSDI/SSI), I often hear from clients who are terrified to apply for citizenship. They’ve heard rumors that receiving disability benefits will lead to a denial of their Application for Naturalization (Form N-400) or, worse, deportation.
Let’s clear up the confusion with three quick facts for May 2026. (Of course, our laws can change, but these facts are accurate as of today.)
Myth #1: Receiving disability benefits makes me a “Public Charge.”
The Fact: The “Public Charge” rule does not apply to naturalization (citizenship) applications. Even if you are receiving SSI or SSDI, United States Citizenship and Immigration Services (“USCIS”) does not look at your financial dependency when deciding if you can become a citizen. You have already cleared the public charge hurdle when you received your lawful permanent residence. (I wrote about the current and proposed public charge rules last week.)
On the N-400 application, USCIS asks about your work history for the past 5 years. If you have worked in the last five years, you should list it. If you did not, list your status as “Retired,” “Disabled,” or “Unemployed” in the employer name field, then enter the date it began, and you can clarify the source of income if needed.
Myth #2: If I can’t pass the English or Civics test due to my disability, I can’t become a citizen.
The Fact: The law provides a specific protection for you called the N-648 Medical Waiver. If you have a physical or developmental disability, or a mental impairment that has lasted (or is expected to last) at least 12 months, you may be exempt from the English and Civics requirements. You must show how the impairment directly prevents you from learning English and Civics.
- Note: This requires a specific medical certification from your doctor, on Form N-648, which we specialize in coordinating. The form requires doctors to describe anatomical, physiological, or psychological abnormalities that can be demonstrated by medically acceptable clinical and laboratory diagnostic techniques, and how they relate to the inability to learn. The doctor must be a Medical Doctor, Osteopathic Doctor, or Clinical Psychologist. The disability and/or impairment must result in functioning so impaired that you are unable to demonstrate the required knowledge. This is a high legal standard, which is why the nexus between the diagnosis and the inability to learn is so critical.
- Note also: The receipt of SSI or SSDI does not automatically entitle you to receive this waiver. The Social Security Administration (SSA) and USCIS use different rules. SSA is concerned as to whether people are disabled. USCIS is concerned about whether the impairment affects the ability to learn Civics and U.S. History.
Myth #3: If I am on disability, I don’t meet the “Good Moral Character” requirement.
The Fact: Being disabled or unable to work has zero impact on your moral character. Good Moral Character (GMC) focuses on your legal record and honesty. Receiving benefits you are legally entitled to is not a negative factor—in fact, for SSDI, it’s a benefit you earned through your past work history. Because SSDI is an insurance benefit you paid into via payroll taxes, it is proof of your past ‘Good Moral Character’ through work, not a sign of dependency. Many people do not know the difference between SSI and SSDI. You may have to educate the adjudicator.
The Bottom Line
Your disability is a medical reality; it is not a legal barrier to becoming a U.S. Citizen. In many cases, citizenship actually provides more security for your benefits, as some programs have strict residency or citizenship requirements to maintain long-term eligibility.
Or what I am afraid of happening is that our government will cut off eligibility to programs, and only citizens will be able to access them.
Do you have questions about how your specific benefits might interact with your N-400 application? We are one of the few law firms in the San Francisco Bay Area that understands both sides of this equation.
