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I incessantly obtain calls from the grownup kids of US everlasting residents (i.e. inexperienced card holders) who wish to know the way their dad or mum can turn out to be a US citizen if the dad or mum can’t research for the English historical past check and / or doesn’t communicate English very properly. I’ve created an article for you on the 2 most typical eventualities that I reply weekly in my US Immigration Regulation 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 she or he doesn’t have intensive journey or any felony points. The issue is that she doesn’t communicate or learn English and can’t research for the historical past check. 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 check 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 type N-648, Medical Certification for Incapacity Exemptions. The shape should be accomplished a particular approach and with particular wording / solutions earlier than USCIS will approve the medical waiver. The physician, as a way to full the medical incapacity type, should give your dad or mum, the N-400 applicant, a check to find out whether or not she or he can study or bear in mind basic items. This check can embody having to recite primary info simply defined to your dad or mum and may additionally embody primary exams having your dad or mum place a circle object with circle object, and so on.
Candidates with dementia or Alzheimer’s, for instance, are eligible to file type N-648, Medical Incapacity Waiver, which states that due to their psychological limits, they can not research for the US historical past check. A serious limitation for eligibility beneath type N-648 is that the ensuing psychological incapacity can’t be a results of drug use.
Our immigration legislation workplace has efficiently accomplished medical waivers ready by licensed docs of applicant’s personal selecting for the psychological situations of dementia, Alzheimer’s and schizophrenia. Please notice that these instances are being talked about are examples and by no means assure that your case can have related outcomes for each the psychological situations 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 legislation workplace doesn’t have any physician(s) that we advocate for completion of Type N-648, we are going to let you understand 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 check as a way to have their type N-400 accepted and be sworn-in.
Additionally, no less than within the USCIS district workplace positioned in Jacksonville Fl, we often 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. It’s possible you’ll after all present the unique N-648 in your preliminary submitting if you want. Simply you’ll want 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 could be accepted.
2. My mother is 65 years previous and she or he has resided within the US as a inexperienced card holder for over 20 years. Does she nonetheless should take the English check, and so on.?
No, your mother has to take a modified model of the civics check in her language of selection. She doesn’t should take the studying or writing check. The N-400 interview, which incorporates reviewing the main points 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 along with her to the N-400 interview. She should carry her personal translator along with her to the N-400 interview in order that the translator can translate the civics questions in your mother’s finest native language.
The age {qualifications} that exempt candidates from the English, studying and writing exams 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 check of their language of selection.
I hope that the above offers some solutions to the questions requested of me weekly in my immigration legislation 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 out to be US residents.
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Source by Lena Korial-Yonan, Esq.