I routinely receive phone calls from the adult kids of US long lasting citizens (i.e. green card holders) who want to know how their dad or mum can come to be a US citizen if the dad or mum are not able to review for the English history exam and / or does not speak English really properly. I have created an report for you on the two most typical eventualities that I reply weekly in my US Immigration Law Office of Lena Korial-Yonan, P.A.:
one. My mother is eligible for US citizenship mainly because she has had the green card for 5 decades, and she does not have considerable journey or any criminal problems. The dilemma is that she does not speak or browse English and are not able to review for the history exam. Any answer?
USCIS has specific guidelines that relate to an applicant’s age and how long they have had the green card that can exempt them from getting to just take the US English Background exam and also exempt them from passing the interview portion of the N-400 as properly as the looking through and producing examination. Make sure you see the next question for additional details on this.
However, here the applicant has had the green card for only 5 decades and so the only answer is to see no matter whether the applicant is eligible for a health care incapacity waiver. A health care incapacity waiver is accomplished by a US licensed common health care medical doctor, licensed scientific psychologist or other specific medical doctor on USCIS variety N-648, Healthcare Certification for Incapacity Exemptions. The variety will have to be accomplished a specific way and with specific wording / solutions in advance of USCIS will approve the health care waiver. The medical doctor, in order to finish the health care incapacity variety, will have to give your dad or mum, the N-400 applicant, a exam to decide no matter whether he or she can find out or don’t forget essential items. This exam can include getting to recite essential data just stated to your dad or mum and could also include essential examinations getting your dad or mum position a circle item with circle item, etc.
Candidates with dementia or Alzheimer’s, for example, are eligible to file variety N-648, Healthcare Incapacity Waiver, which states that mainly because of their mental boundaries, they are not able to review for the US history exam. A key limitation for eligibility underneath variety N-648 is that the resulting mental incapacity are not able to be a outcome of drug use.
Our immigration law office has efficiently accomplished health care waivers ready by licensed medical professionals of applicant’s possess picking for the mental disorders of dementia, Alzheimer’s and schizophrenia. Make sure you note that these situations are being outlined are examples and in no way promise that your case will have comparable success for the two the mental disorders outlined and for the USCIS district that you will file citizenship with. Make sure you contact an seasoned immigration lawyer of your picking for a in depth evaluation of your possess specific case.
Though our immigration law office does not have any medical doctor(s) that we advise for completion of Type N-648, we will allow you know if a unique type of medical doctor can finish the variety on your behalf. We also assessment the Type N-648 for completeness, as USCIS is rigid in the language that they have to have from the licensed health care medical doctor in order for the US citizenship applicant to be approved. If the Type N-648 is approved by the US Immigration Officer, then the US citizenship applicant does not have to just take any exam in order to have their variety N-400 approved and be sworn-in.
Also, at least in the USCIS district workplace positioned in Jacksonville Fl, we ordinarily file a copy of the Type N-648 with the N-400 software, and we carry the original N-648 with us to the N-400 interview. You could of system deliver the original N-648 in your original submitting if you desire. Just be absolutely sure to keep a copy of the variety N-648, as it is not uncommon for USCIS to have to have a number of alterations to the variety N-648 in advance of your case can be approved.
two. My mother is sixty five decades old and she has resided in the US as a green card holder for in excess of 20 decades. Does she even now have to just take the English exam, etc.?
No, your mother has to just take a modified edition of the civics exam in her language of choice. She does not have to just take the looking through or producing exam. The N-400 interview, which contains reviewing the details of the N-400 and inquiring no matter whether your mother has at any time been arrested, files US taxes, etc. is accomplished with the enable of the translator that your mother delivers with her to the N-400 interview. She will have to carry her possess translator with her to the N-400 interview so that the translator can translate the civics thoughts in your mom’s most effective native language.
The age qualifications that exempt candidates from the English, looking through and producing exams are as follows:
· sixty five decades and has resided in US as a green card holder for 20 decades or additional.
· fifty five decades old and has resided in the US as a green card holder for fifteen decades or additional.
· fifty decades old and has resided in the US as a green card holder for 20 decades or additional.
Yet again, Candidates that fulfill 1 of the previously mentioned types will have to only just take the civics exam in their language of choice.
I hope that the previously mentioned supplies some solutions to the thoughts requested of me weekly in my immigration law office of Lena Korial-Yonan, PA. by the adult kids of elderly dad and mom who have had the green card for 5 decades and now want to come to be US citizens.