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N-400 applicant cant speak english

Woodbridge, VA |

My mother in law is 63, and is living in the states for past 18 years on a green card. She cant speak, read or write english at all. We've applied for her citizenship recently but didnt mention that in the application that she cant speak english. Today was her finger print's appointment and now she waiting for the interview date. Please anyone tell us what are we supposed to do for her so she wont have to take the history exam. Thank you

Attorney Answers 4

Posted

You Are Exempt From The English Language Requirement, But Are Still Required To Take The Civics Test If You Are:
There are two separate basis for applying for a waiver of the English and Civics test. One is on the basis of medical disability which can be at any age if medically appropriate to do so.

You need to have a doctor complete the following form.
http://www.uscis.gov/files/form/n-648.pdf

Otherwise, you need to be exempt based on your age and length of status as an LPR.

Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (green card holder) in the United States for 20 years (commonly referred to as the “50/20” exception).
OR
Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the “55/15” exception).

The information you obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Asma Chaudry invites you to contact her directly at her office in Edison, New Jersey, and welcomes your calls, letters and electronic mail. Contacting Asma Chaudry does not create an attorney-client relationship. Please do not send any confidential information to her until such time as an attorney-client relationship has been established. asma@asmachaudry.com (732) 662-4125.

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Asker

Posted

But sister, what is the method to let USCIS know that she will not take english test? Do we have to send another application for that or just let them know on te interview date?? And what if my mother in law is totally illiterate and cant even take the covics and history exam in her native language?

Asma Warsi

Asma Warsi

Posted

You can ask them the day of the interview. It is at the officer's discretion. Also, it is possible to file the medical waiver on the day of the interview.

Posted

nothing in your post suggests she qualifies for a waiver.

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Posted

It appears your mother-in-law is exempt from the English requirement given her age at the time of filing and length of time as a permanent resident. However, she is still required to take the history/civics exam. She wil be allowed to take this exam in her native language. The only way to avoid taking the civics/history exam is to obtain s medical waiver.

Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

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Posted

Your mother-in-law seems exempt. Your attorney should handle this matter.

The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.

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