I frequently receive calls from adult children of US permanent residents (ie green card holders) who want to know how their parents can become US citizens if they cannot study for the English history test and/or do not speak English very well. I have created an article for you about the two most common scenarios I respond to on a weekly basis at my US Immigration Law Office in Lena Korial-Yonan, PA:
1. My mom is eligible for US citizenship because she has had a green card for 5 years and has no extensive travel or criminal problems. The problem is that she doesn’t speak or read English and she can’t study for the history test. Any solution?
USCIS has specific rules relating to an applicant’s age and how long they have held a green card that may exempt them from having to take the US English history test and also exempt them from passing the interview portion of the N-400 as well as the reading and writing test. See the next question for more details on this.
However, here the applicant has only had the green card for 5 years, so the only solution is to see if the applicant is eligible for a medical disability waiver. A medical disability waiver is completed by a US licensed general practitioner, licensed clinical psychologist, or other specified physician on USCIS Form N-648, Medical Certification for Disability Waivers. The form must be completed in a specific way and with specific words/answers before USCIS will approve the medical waiver. The doctor, in order to complete the medical disability form, must give her father, the N-400 applicant, a test to determine if he or she can learn or remember basic things. This test may include having to recite the basic information just explained to your parents and may also include basic tests where your parents place a circular object with another circular object, etc.
Applicants with dementia or Alzheimer’s, for example, are eligible to file Form N-648, Waiver for Medical Disability, which states that, due to their mental limitations, they cannot study for the U.S. history exam. A significant limitation to eligibility under Form N-648 is that the resulting mental disability cannot be the result of drug use.
Our immigration law firm has successfully completed medical waivers prepared by licensed physicians of the applicant’s own choosing for the mental conditions of dementia, Alzheimer’s, and schizophrenia. Please note that these cases listed are examples and in no way guarantee that your case will have similar results for both the listed mental conditions and the USCIS district in which you will apply for citizenship. Contact an experienced immigration attorney of your choice for a detailed analysis of your specific case.
Although our immigration law office does not have any physicians that we recommend for completing Form N-648, we will let you know if a particular type of physician can complete the form on your behalf. We also review Form N-648 to verify that it is complete, as USCIS is strict on the language they require from the licensed physician in order for the applicant for US citizenship to be approved. If the Form N-648 is approved by the US Immigration Officer, then the applicant for US citizenship does not have to take any tests in order to have their Form N-400 approved and sworn in.
Also, at least at the USCIS district office located in Jacksonville FL, we generally file a copy of Form N-648 with the N-400 application, and bring the original N-648 with us to the N-400 interview. Of course, you can provide the original N-648 at your initial filing if you wish. Just be sure to keep a copy of the N-648 form, as it is not uncommon for USCIS to request some changes to the N-648 form before your case can be approved.
2. My mother is 65 years old and 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 the language of her choice. She does not have to take the reading or writing test. The N-400 interview, which includes reviewing the N-400 details and asking if her mother has ever been arrested, files US taxes, etc. It is completed with the help of the translator that your mother brings to the N-400 interview. She must bring her own translator to the N-400 interview so that the translator can translate the civics questions into her mother’s best native language.
The age requirements that exempt applicants from the English, Reading and Writing tests are as follows:
Age 65 and have resided in the US as a green card holder for 20 years or more.
Age 55 and have resided in the US as a green card holder for 15 years or more.
ยท Age 50 and have resided in the US as a green card holder for 20 years or more.
Again, applicants who meet one of the above categories are only required to take the civics test in the language of their choice.
I hope the above provides some answers to the questions I am asked on a weekly basis at my Lena Korial-Yonan, PA immigration law office. for the adult children of elderly parents who have had a green card for 5 years and now want to become US citizens.