U.S. Citizenship Options for Elderly Applicants: Medical and Exam Waivers

I frequently get calls from adult children of permanent US residents (i.e. 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 they don’t speak English very well. I have created an article for you on the two most common scenarios that I respond to weekly at my US Immigration Law Office From Lena Korial-Yonan, PA:

1. My mother is eligible for US citizenship because she has had a green card for 5 years and does not have a lot of travel or criminal problems. The problem is that he does not speak or read English and cannot study for the history test. Any solution?

USCIS has specific rules that relate 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 exam and also exempt them from passing the interview portion of the N-400, as well as a reading and writing exam. See the next question for more details on this.

However, here the applicant has had the green card for only 5 years and therefore the only solution is to see if the applicant is eligible for a medical disability exemption. A medical disability exemption is completed by a U.S. Licensed General Practitioner, Licensed Clinical Psychologist, or other specified physician on USCIS Form N-648, Medical Certification for Disability Exemptions. The form must be completed in a specific way and with specific words / answers before USCIS will approve the medical exemption. The doctor, to complete the medical disability form, must give his father, the N-400 applicant, a test to determine if he can learn or remember basic things. This test can include having to recite the basic information that was just explained to your parents and it can also include basic tests for your parents to place a circular object with a circular object, etc.

Applicants with dementia or Alzheimer’s, for example, are eligible to file form N-648, Medical Disability Waiver, which states that due to their mental limitations, they cannot study for the US history test. Important to eligibility under the N-648 form is that the resulting mental disability cannot be the result of drug use.

Our immigration law office has successfully completed medical waivers prepared by licensed physicians of the applicant’s choice for the mental conditions of Dementia, Alzheimer’s and Schizophrenia. Please note that these cases mentioned are examples and in no way guarantee that your case will have similar results both for the mental conditions listed and for the USCIS district in which you will be filing 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 a physician that we recommend to complete Form N-648, we will inform you 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 that it requires from the licensed physician in order for the US citizenship applicant to be approved. If the N-648 form is approved by the US immigration officer, then the applicant for US citizenship does not have to take any exams for their N-400 form to be approved and sworn in.

Also, at least at the USCIS district office located in Jacksonville Fl, we usually file a copy of Form N-648 with the N-400 application, and we bring the original N-648 with us to the N-400 interview. Of course, you can provide the original N-648 in your initial presentation if you wish. Just be sure to keep a copy of Form N-648, as it is not uncommon for USCIS to require some changes to Form N-648 before your case can be approved.

2. My mother is 65 years old and has resided in the United States as a green card holder for more than 20 years. Do you 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 details of the N-400 and asking if your mother has ever been arrested, filing US taxes, etc. It is completed with the help of the translator that her mother brings with her to the N-400 interview. You should bring your own translator to the N-400 interview so that the translator can translate the civics questions into your mother’s best native language.

The age qualifications that exempt applicants from the English, reading and writing tests are as follows:

65 years and have resided in the US as a green card holder for 20 years or more.

You are 55 years old and have resided in the US as a green card holder for 15 years or more.

50 years and have resided in the US as a green card holder for 20 years or more.

Again, applicants who meet one of the categories above 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 weekly at my Lena Korial-Yonan, PA immigration law firm. for adult children of elderly parents who have had a green card for 5 years and now want to become US citizens.