Designated Representative for N-648 case

Question

My sister is a lawful permanent resident who has Down syndrome. I am currently in the process of submitting the N-400 application for Naturalization on her behalf. We have obtained the signed N-648 form from her physician. My mother, who serves as my sister's primary caregiver, is willing to act as her Designated Representative. However, my mother is also a permanent resident and not a U.S. citizen. Can she still serve as my sister's representative in this matter? 
 
As her sister, I am a U.S. citizen but do not possess any documentation confirming that I am my sister's custodial caregiver or have legal responsibility over her. In the event that my mother is unable to act as her Designated Representative, would I be eligible to fulfill this role instead? 
 
Additionally, what documentation will be required as evidence in this case?

James L. Arrasmith · Answer

In the case of your sister with Down syndrome applying for U.S. citizenship via Form N-400 and requiring a Designated Representative, here are a few key points: 
 
1. Citizenship status of the representative: The Designated Representative does not necessarily need to be a U.S. citizen. A lawful permanent resident, like your mother, can serve in this role as long as she meets the other requirements. 
 
2. Eligibility of the representative: The Designated Representative should be someone who is responsible for the applicant's well-being and care. This is typically a parent, legal guardian, or primary caregiver. As your mother is your sister's primary caregiver, she would likely be eligible to serve as the Designated Representative. 
 
3. Alternative representative: If your mother is unable to act as the Designated Representative, you, as a U.S. citizen and your sister's sibling, could potentially fulfill this role. However, you may need to provide documentation showing that you have some level of responsibility for your sister's care and well-being. 
 
4. Required documentation: To establish your mother's eligibility as the Designated Representative, you may need to provide evidence of her relationship to your sister and her role as primary caregiver. This could include documents such as: 
 
   - Birth certificates establishing family relationship 
   - Medical records or letters from healthcare providers confirming your mother's role in your sister's care 
   - Any legal documents, such as power of attorney or guardianship papers, if applicable 
 
If you need to step in as the Designated Representative, similar documentation showing your relationship and involvement in your sister's care would be helpful. 
 
It's recommended to consult with an immigration attorney specializing in disability-related cases for personalized guidance on your sister's N-400 application and the specific documentation required for her Designated Representative.

Linda Liang · Answer

When an oath waiver is provided, a legal guardian, surrogate, or designated representative signs on behalf of an applicant who is unable to understand or communicate an understanding of the Oath of Allegiance because of a physical or developmental disability or mental impairment.  
 
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;[19] or  
 
In the absence of a legal guardian or surrogate, a U.S. citizen spouse, parent, adult son or daughter, or adult brother or sister, who is the primary custodial caregiver and who takes responsibility for the applicant.  
 
You are sister and you are U.S Citizen, so you are eligible to act on behalf of your sister to sign Citizenship paper.

Q: Designated Representative for N-648 case