[ad_1]
I incessantly obtain calls from the grownup kids of US everlasting residents (i.e. inexperienced card holders) who wish to know the way their mother or father can turn into a US citizen if the mother or father can not examine for the English historical past take a look at and / or doesn’t converse English very properly. I’ve created an article for you on the 2 most typical situations that I reply weekly in my US Immigration Legislation Workplace of Lena Korial-Yonan, P.A.:
1. My mother is eligible for US citizenship as a result of she has had the inexperienced card for five years, and he or she doesn’t have in depth journey or any legal points. The issue is that she doesn’t converse or learn English and can’t examine for the historical past take a look at. Any resolution?
USCIS has particular guidelines that relate to an applicant’s age and the way lengthy they’ve had the inexperienced card that may exempt them from having to take the US English Historical past take a look at and likewise exempt them from passing the interview portion of the N-400 in addition to the studying and writing examination. Please see the subsequent query for extra particulars on this.
Nonetheless, right here the applicant has had the inexperienced card for less than 5 years and so the one resolution is to see whether or not the applicant is eligible for a medical incapacity waiver. A medical incapacity waiver is accomplished by a US licensed basic medical physician, licensed scientific psychologist or different particular physician on USCIS kind N-648, Medical Certification for Incapacity Exemptions. The shape have to be accomplished a selected means and with particular wording / solutions earlier than USCIS will approve the medical waiver. The physician, in an effort to full the medical incapacity kind, should give your mother or father, the N-400 applicant, a take a look at to find out whether or not she or he can be taught or keep in mind basic items. This take a look at can embody having to recite primary info simply defined to your mother or father and might also embody primary exams having your mother or father place a circle object with circle object, and so on.
Candidates with dementia or Alzheimer’s, for instance, are eligible to file kind N-648, Medical Incapacity Waiver, which states that due to their psychological limits, they can not examine for the US historical past take a look at. A significant limitation for eligibility below kind N-648 is that the ensuing psychological incapacity can’t be a results of drug use.
Our immigration regulation workplace has efficiently accomplished medical waivers ready by licensed docs of applicant’s personal selecting for the psychological circumstances of dementia, Alzheimer’s and schizophrenia. Please word that these circumstances are being talked about are examples and on no account assure that your case may have related outcomes for each the psychological circumstances listed and for the USCIS district that you’ll file citizenship with. Please contact an skilled immigration lawyer of your selecting for an in depth evaluation of your personal particular case.
Though our immigration regulation workplace doesn’t have any physician(s) that we advocate for completion of Type N-648, we are going to let you realize if a selected kind of physician can full the shape in your behalf. We additionally assessment the Type N-648 for completeness, as USCIS is strict within the language that they require from the licensed medical physician to ensure that the US citizenship applicant to be accepted. If the Type N-648 is accepted by the US Immigration Officer, then the US citizenship applicant doesn’t should take any take a look at in an effort to have their kind N-400 accepted and be sworn-in.
Additionally, not less than within the USCIS district workplace positioned in Jacksonville Fl, we normally file a duplicate of the Type N-648 with the N-400 software, and we carry the unique N-648 with us to the N-400 interview. You might in fact present the unique N-648 in your preliminary submitting if you want. Simply make sure to make a copy of the shape N-648, as it isn’t unusual for USCIS to require a number of adjustments to the shape N-648 earlier than your case may be accepted.
2. My mother is 65 years previous and he or she has resided within the US as a inexperienced card holder for over 20 years. Does she nonetheless should take the English take a look at, and so on.?
No, your mother has to take a modified model of the civics take a look at in her language of selection. She doesn’t should take the studying or writing take a look at. The N-400 interview, which incorporates reviewing the small print of the N-400 and asking whether or not your mother has ever been arrested, information US taxes, and so on. is accomplished with the assistance of the translator that your mother brings together with her to the N-400 interview. She should carry her personal translator together with her to the N-400 interview in order that the translator can translate the civics questions in your mother’s greatest native language.
The age {qualifications} that exempt candidates from the English, studying and writing assessments are as follows:
· 65 years and has resided in US as a inexperienced card holder for 20 years or extra.
· 55 years previous and has resided within the US as a inexperienced card holder for 15 years or extra.
· 50 years previous and has resided within the US as a inexperienced card holder for 20 years or extra.
Once more, Candidates that meet one of many above classes should solely take the civics take a look at of their language of selection.
I hope that the above supplies some solutions to the questions requested of me weekly in my immigration regulation workplace of Lena Korial-Yonan, PA. by the grownup kids of aged dad and mom who’ve had the inexperienced card for five years and now wish to turn into US residents.
[ad_2]
Source by Lena Korial-Yonan, Esq.
