Citizenship test, is the application rejected and he will need to reapply or will be allowed to come back and take the test again without filing a new application.
Most offices will let the person re-try in 3,or 6 months w/o having to pay a new application fee.
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you can help him in 2 ways. One is to set aside one evening a week - or one visit - to speak only in english with him. another is to get him (and show him how to use) an mp3 player or small ipod. After he applies, they will send him a CD of all the questions and answers, and you can then upload them to the player and show him how to play them and listen to them. In a few days he will be doing just fine. And he won't need a second attempt.
Andrew Bartlett. Community Immigration Lawyer, San Rafael CA.. Please note that answers to questions are for general informational purposes only. They are not legal advice and do not establish an attorney-client relationship. If an answer is not clear, I will do my best to explain further.
Depends on the particular CIS district office, but most offices I know of across the country will allow the individual to come back a second and even a third time and take the test again, without having to reapply and pay the application fee again. And each time father will be seated with a different officer who will be administrating the same test with great patience and consideration for father..
Are you concerned about the "civics" test? Or the written and/or English language reading part? Best to get father a private "tutor" who will be working with him everyday for couple of hours on all 3 aspects of that English language test and he should do all right.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
He will get one more re-take. You should also look at how many years he has been a permanent resident as he may be exempt from the English requirement and/or able to take an abbreviated history test.
USCIS policy states that if an applicant fails any part of the naturalization test, the officer must provide the applicant a second opportunity to pass the test within 60 to 90 days after the initial examination (unless the applicant is statutorily ineligible for naturalization based on other grounds). The officer must also schedule a re-examination in order to resolve any issues on eligibility.
The outcome of the re-examination determines whether the officer conducting the second interview continues, approves, or denies the naturalization application. If the applicant fails to appear for the re-examination and USCIS does not receive a timely or reasonable request to reschedule, the officer should deny the application based on the applicant’s failure to meet the educational requirements for naturalization.
If your father is 67 years old, he may qualify for an English Language exemption, Medical Disability exception, or other exceptions & accommodations. For more details, see http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/exceptions-accommodations
The general answer I provided is not intended to be and should not be taken as legal advice. It does not establish an attorney-client relationship between you and me. You should not take action based on this general answer. Consult a qualified and experienced attorney to obtain legal advice on your specific situation.
Depending on how long he has his green card he may not have to take the English test. There are rules for people over a certain age. How long does he have his green card?
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