How can we get my father's citizenship? 10 Answers as of November 30, 2011

If he was denied for the second time, he will need to reapply. There is no appeal of that.

It looks like your father has some difficulty learning English and writing it enough so that he cannot demonstrate knowledge of US History and Civics. If he has been a LPR for 20 or more years, then he does not have to take the English Test. He only has to take a simpler version of the Civics Test in the language of his choice. We wouldn't mind taking a look at this matter. There are ways of handling these issues in an N-648 application certified by a Doctor where applicable. It may very well be that your father can get relief that way.

If your father has a medical issue that affects his ability to learn English and also to prepare for the naturalization exam, then he can go to his doctor who can fill out a medical certificate stating that. (Form N-648). He would need to file again but this time with a lawyer preparing everything and accompanying him to the interview. There, the medical certificate would be presented. Your immigration lawyer should look over the certificate carefully before the interview to make sure it is complete and is well prepared. If the certificate is accepted by the adjudication officer then your father does not have to take the exam and will become a citizen. I wish all the best in your effort to help your father.

There are two exceptions to the English language requirement for purposes of citizenship. The first is based on age and length of residency. Individuals who are over 50 years old and have had their lawful residency are exempt from the English language requirement and can take the citizenship exam and test in their own language. Individuals who are over 55 years old and have had their lawful residency for more than 15 years are also exempt. The second exception is for individuals who have a medical condition which prevents them from learning English. To obtain this exception, the applicant must obtain a form N-648 form from a licensed medical doctor which explains the medical condition and links the medical condition specifically to an inability to learn, speak or understand English.

See if he qualifies for the N-648 medical waiver.

While medical conditions that cause an inability to learn the English language (such as a traffic accident resulting in serious head injuries and brain damage) may provide a basis for a medical waiver (see http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176 543f6d1a/?vgnextoid=5db3de1c5afc4110VgnVCM1000004718190aRCRD&vgnextchann el=40a9b2149e7df110VgnVCM1000004718190aRCRD ) Eligibility for a Medical Waiver of the English Language/ U.S. Government and Civics Testing Requirements for Naturalization A medical waiver is available to the applicant who has an anatomical, physiological, or psychological impairment, diagnosed by a medical professional, that makes it impossible for the applicant to learn English and/or American history and the political structure. The standard for the medical waiver eligibility is quite high and it requires careful preparation of the documentation submitted with the waiver application. The waiver application (Form N-648) is filed concurrently with the Application for Naturalization (Form N-400). Once the USCIS receives both applications, a thorough review of the waiver application will be conducted and the applicant may be asked for additional data, if the information already provided is found to be insufficient. I am assuming that is NOT the situation in your father's case. The general rule is that accommodations will be available to take the required testing in one's native language only if the N-400 Applicant for Naturalization has been either over 50 years old and a lawful permanent resident residing in the U.S. for periods of at least 20 years, or over 55 years old and a lawful permanent resident actually living in the U.S. as a lawful permanent resident for periods of at least 15 years. The relevant law/regulations dealing with the Naturalization requirement for English Language, U.S. History & Civics testing is as follows: INA: ACT 312 - REQUIREMENTS AS TO UNDERSTANDING THE ENGLISH LANGUAGE, HISTORY, PRINCIPLES, AND FORM OF GOVERNMENT OF THE UNITED STATES Sec. 312. [8 U.S.C. 1423] (a) No person except as otherwise provided in this title shall hereafter be naturalized as a citizen of the United States upon his own application who cannot demonstrate- (1) an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language: Provided, That the requirements of this paragraph relating to ability to read and write shall be met if the applicant can read or write simple words and phrases to the end that a reasonable test of his literacy shall be made and that no extraordinary or unreasonable conditions shall be imposed upon the applicant; and (2) a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States. (b) (1) The requirements of subsection (a) shall not apply to any person who is unable because of physical or developmental disability or mental impairment to comply therewith. (2) The requirement of subsection (a)(1) shall not apply to any person who, on the date of the filing of the person's application for naturalization as provided in section 334 , either- (A) is over fifty years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence, or (B) is over fifty-five years of age and has been living in the United States for periods totaling at least fifteen years subsequent to a lawful admission for permanent residence. (3) The Attorney General, pursuant to regulations, shall provide for special consideration, as determined by the Attorney General, concerning the requirement of subsection (a)(2) with respect to any person who, on the date of the filing of the person's application for naturalization as provided in section 334 , is over sixty-five years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence.

If he has a disability that affects his ability to speak English, he can apply for citizenship and file form N648.

You should file a complaint if you believe your father was poorly treated. You also have the right to appeal the decision or reapply for naturalization. There are exceptions to the requirements to know English and Civics. Some of the exceptions are based upon age, length of residence, and length of permanent residence status. The other exceptions are based upon medical conditions.

It can be very difficult for older people who are not confident in their English skills. I am not sure where your father is from but you may want to check in your area for non profits that help elderly people prepare for their exams. Often you will find a cultural center that focuses on specific ethnic groups. You also can contact your local chapter of the state bar or do your research online to locate a competent immigration attorney in your region, who can prepare the application, prepare your father for the interview and also attend with him. You want to make sure that he meets ALL underlying requirements and then has the ability to pass the test.