I frequently receive calls from adult children of US permanent residents (i.e. green card holders) who want to know how their parents can become US citizens if the parents cannot study for the English history exam and/or do not speak English fluently. good. I’ve created an article for you on the two most common scenarios I answer each week at my U.S. Immigration Law Office in Lena Korial-Yonan, PA:
1. My mother is eligible for US citizenship because she has had a green card for 5 years, and she has no extensive travel or any criminal issues. The problem was that he didn’t speak or read English and couldn’t study for the history exam. Any solution?
USCIS has specific rules relating to an applicant’s age and how long they hold a green card that can exempt them from having to take the US English History test and also exempt them from passing the N-400 interview section and the reading and writing test. Please see the next question for more details on this.
However, here the applicant only has a green card for 5 years and the only solution is to see if the applicant is eligible for a medical disability waiver. A medical disability waiver is completed by a licensed US general medical practitioner, licensed clinical psychologist or other specialty physician on USCIS form N-648, Medical Certification for Disability Exemption. The form must be completed in a certain way and with certain words/answers before USCIS will approve a medical waiver. The doctor, in order to fill out a medical disability form, must give your parent a test, the applicant N-400 to determine if he or she can learn or remember basic things. This test may include having to recite the basic information just explained to your parents and may also include a basic test asking your parents to place a circle object with a circle object, etc.
Applicants with dementia or Alzheimer’s, for example, are eligible to file form N-648, Medical Disability Waiver, which states that because of their mental limitations, they cannot study for the US history exam. The main limitation for eligibility under form N-648 is that the resulting mental disability cannot be due to drug use.
Our immigration law office has successfully completed medical waivers prepared by licensed physicians handpicked by the applicant for the mental conditions of dementia, Alzheimer’s and schizophrenia. Please note that these mentioned cases are examples and in no way guarantee that your case will have a similar outcome for the mental condition listed and for the USCIS district in which you will apply for citizenship. Please contact the experienced immigration attorney of your choice for a detailed analysis of your own specific case.
Although our immigration law office does not have a doctor we recommend completing Form N-648, we will let you know if a certain type of doctor can complete the form on your behalf. We also review Form N-648 for completeness, as USCIS is very strict in the language they require from a licensed medical doctor for an applicant for US citizenship to be approved. If Form N-648 is approved by the US Immigration Officer, then applicants for US citizenship do not need to take any tests for their N-400 form to be approved and sworn in.
Also, at least at the USCIS district office located in Jacksonville Fl, we usually file a copy of Form N-648 with an N-400 application, and we take the original N-648 with us to the N-400 interview. You can of course provide the original N-648 in your initial application if you wish. Be sure to keep a copy of form N-648, as it is not uncommon for USCIS to request some changes to form N-648 before your case can be approved.
2. My mother is 65 years old and she has lived in the US as a green card holder for over 20 years. Does he still have to take an English test, etc?
No, your mother must take a modified version of the citizenship test in the language of her choice. He doesn’t have to take a reading or writing test. N-400 interview, which includes reviewing the details of the N-400 and asking if your mother has ever been arrested, filing US taxes, etc. completed with the help of an interpreter that your mother brought to the N-400 interview. He should bring his own translator to the N-400 interview so that the translator can translate the citizenship question in your native language to the best of your ability.
The age qualifications that exempt applicants from tests of English, reading and writing are as follows:
· 65 years of age and have lived in the US as a green card holder for 20 years or more.
· Be 55 years of age and have lived in the US as a green card holder for 15 years or more.
· 50 years of age and have lived in the US as a green card holder for 20 years or more.
Again, Applicants who meet any of the above categories may only take the citizenship test in the language of their choice.
I hope that the above provides some answers to the questions I am asked each week at my immigration law office in Lena Korial-Yonan, PA. by adult children of elderly parents who have had a green card for 5 years and now wish to become US citizens.