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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 parent cannot study for the English history test. and/or do not speak English well. I created an article for you on the two most common scenarios I answer weekly in my US Immigration Law Office of Lena Coryell-Yonan, PA:
1. My mom is eligible for US citizenship because she’s had a green card for 5 years, and doesn’t have extensive travel or any criminal issues. The problem is that she doesn’t speak or read English and can’t study for her history exam. any solution?
USCIS has specific rules that pertain to an applicant’s age and how long they have had the green card that may exempt them from taking the American English History test and require them to pass the N-400 as well as the interview portion. Can also give exemption from Reading and writing test. Please see the next question for more details on this.
However, here the applicant has green card only for 5 years and hence the only solution is to see whether the applicant is eligible for medical disability waiver or not. A medical disability waiver is completed by a US licensed general practitioner, licensed clinical psychologist or other specialty practitioner on USCIS Form N-648, Medical Certification for Disability Waiver. The form must be completed in a specific manner and with specific words/answers before USCIS will approve the medical waiver. In order to complete the medical disability form, your parent, the N-400 applicant must be given a test to determine whether he/she can learn or remember basic things. This test may involve reading basic information explained to your parent and may also include a basic test in which your parent holds a circle object with a circle object, etc.
For example, applicants with dementia or Alzheimer’s 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 test. A major limitation to eligibility under Form N-648 is that the resulting mental disability cannot be the result of drug use.
Our immigration law office has successfully completed medical waivers for mental conditions of dementia, Alzheimer’s and schizophrenia prepared by licensed doctors of the applicant’s own choosing. Please note that the cases being mentioned are examples and do not in any way guarantee that your case will have the same outcome for the mental conditions listed and the USCIS district with which you file for citizenship. Please contact an experienced immigration attorney of your choice for a detailed analysis of your specific case.
Although there is no doctor in our Immigration Law Office that we recommend completing Form N-648, we will let you know if a particular type of doctor can complete the form on your behalf. We also review Form N-648 for the sake of completeness, as USCIS is strict in the language they require from a licensed medical doctor to approve a US citizenship applicant. If Form N-648 is approved by a US immigration official, the US citizenship applicant will not have to take an examination to have his Form N-400 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 the N-400 application, and we bring the original N-648 to our N-400 interview. Let’s bring along. Of course you can provide the original N-648 at your initial filing if you prefer. Be sure to keep a copy of Form N-648, as it is not uncommon for USCIS to require some changes to Form N-648 before your case is approved.
2. My mother is 65 years old and has been living in the US as a green card holder for more than 20 years. Does he still have to take the English test, etc.?
No, your mother will have to take a modified version of the civics test in the language of her choice. He does not have to take the test of reading or writing. The N-400 interview, which includes reviewing the details on the N-400 and asking if your mother has ever been arrested, files US taxes, etc., is completed with the help of a translator that your mother will bring to your home. Along with it brings in N-. 400 Interviews. She must bring her own translator with her to the N-400 interview so that the translator can translate the civics questions into your mother’s best native language.
The age qualifications that exempt applicants from the English, reading and writing test are as follows:
Age 65 and have lived in the US as a green card holder for 20 years or more.
Age 55 and have lived in the US as a green card holder for 15 years or more.
Be 50 years old 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 should only take the civics test in the language of their choice.
I hope the above provides some answers to the questions I am asked weekly in my immigration law office of Lina Coryell-Yonan, PA. By adult children of elderly parents who have held a green card for 5 years and now wish to become US citizens.
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