I often receive calls from the adult children of Us permanent residents (i.e. Green card holders) who want to know how their parent can come to be a Us population if the parent cannot study for the English history test and / or does not speak English very well. I have created an article for you on the two most common scenarios that I answer weekly in my Us Immigration Law Office of Lena Korial-Yonan, P.A.:
1. My mom is eligible for Us citizenship because she has had the green card for 5 years, and she does not have thorough voyage or any criminal issues. The problem is that she does not speak or read English and cannot study for the history test. Any solution?
Uscis has exact rules that recap to an applicant's age and how long they have had the green card that can exempt them from having to take the Us English History test and also exempt them from passing the interview measure of the N-400 as well as the reading and writing exam. Please see the next examine for more details on this.
However, here the applicant has had the green card for only 5 years and so the only clarification is to see either the applicant is eligible for a curative disability waiver. A curative disability waiver is completed by a Us licensed general curative doctor, licensed clinical psychologist or other exact doctor on Uscis form N-648, curative Certification for Disability Exemptions. The form must be completed a exact way and with exact wording / answers before Uscis will approve the curative waiver. The doctor, in order to faultless the curative disability form, must give your parent, the N-400 applicant, a test to determine either he or she can learn or remember basic things. This test can include having to recap basic information just explained to your parent and may also include basic exams having your parent place a circle object with circle object, etc.
Applicants with dementia or Alzheimer's, for example, are eligible to file form N-648, curative Disability Waiver, which states that because of their mental limits, they cannot study for the Us history test. A major limitation for eligibility under form N-648 is that the resulting mental disability cannot be a corollary of drug use.
Our immigration law office has successfully completed curative waivers prepared by licensed doctors of applicant's own choosing for the mental conditions of dementia, Alzheimer's and schizophrenia. Please note that these cases are being mentioned are examples and in no way certify that your case will have similar results for both the mental conditions listed and for the Uscis district that you will file citizenship with. Please caress an experienced immigration lawyer of your choosing for a detailed determination of your own exact case.
Although our immigration law office does not have any doctor(s) that we suggest for completion of Form N-648, we will let you know if a single type of doctor can faultless the form on your behalf. We also recap the Form N-648 for completeness, as Uscis is correct in the language that they wish from the licensed curative doctor in order for the Us citizenship applicant to be approved. If the Form N-648 is popular ,favorite by the Us Immigration Officer, then the Us citizenship applicant does not have to take any test in order to have their form N-400 popular ,favorite and be sworn-in.
Also, at least in the Uscis district office placed in Jacksonville Fl, we regularly file a copy of the Form N-648 with the N-400 application, and we bring the primary N-648 with us to the N-400 interview. You may of procedure contribute the primary N-648 in your introductory filing if you wish. Just be sure to keep a copy of the form N-648, as it is not uncommon for Uscis to wish a few changes to the form N-648 before your case can be approved.
2. My mom is 65 years old and she has resided in the Us as a green card holder for over 20 years. Does she still have to take the English test, etc.?
No, your mom has to take a modified version of the civics test in her language of choice. She does not have to take the reading or writing test. The N-400 interview, which includes reviewing the details of the N-400 and request either your mom has ever been arrested, files Us taxes, etc. Is completed with the help of the translator that your mom brings with her to the N-400 interview. She must bring her own translator with her to the N-400 interview so that the translator can translate the civics questions in your mom's best native language.
The age qualifications that exempt applicants from the English, reading and writing tests are as follows:
· 65 years and has resided in Us as a green card holder for 20 years or more.
· 55 years old and has resided in the Us as a green card holder for 15 years or more.
· 50 years old and has resided in the Us as a green card holder for 20 years or more.
Again, Applicants that meet one of the above categories must only take the civics test in their language of choice.
I hope that the above provides some answers to the questions asked of me weekly in my immigration law office of Lena Korial-Yonan, Pa. By the adult children of elderly parents who have had the green card for 5 years and now want to come to be Us citizens.
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