Citizenship for my mother

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Citizenship2Mom

Registered Users (C)
Dear Friends:
I am planning to apply for citizenship for my mother who has been permanent residence since 1996 and she is 71+ years old. My question is she has a language barrier(She can't speak or understand that much) so I was wondering can I still go ahead and apply for her citizenship or not? If yes, at the time of interview how can we handle it?

Thank you very much in advance for your valuable inputs.

Regards
 
Please see the guide to naturalization http://www.uscis.gov/files/article/M-476.pdf ... Search for "English and Civics" in the PDF. It describes the waivers available to her in great detail.
She can get waiver on English since she has spent 15 years as PR (make sure to check the dates, I am just counting the years).
She could have gotten a waiver on civics (test from limited questions) if she had 20 years as a PR, which she does not.
 
Citizenship2Mom said:
Dear Friends:
I am planning to apply for citizenship for my mother who has been permanent residence since 1996 and she is 71+ years old. My question is she has a language barrier(She can't speak or understand that much) so I was wondering can I still go ahead and apply for her citizenship or not? If yes, at the time of interview how can we handle it?

Thank you very much in advance for your valuable inputs.

Regards
Click to expand...

In terms of filling out the N-400 form itself, you can do it for your mother; in that case you'll have to put your name and signature in part 12 of the form (signature of the person who prepared the application), but your mother will still have to sign the form as well, in part 11 of the form (signature of the applicant).

As sanjoseaug20 said, based on her age and the fact that she has been an LPR for over 15 years, she qualifies for a waiver of the English language test at the interview. If she wants to exercise that waiver, an interpreter must accompany her for the interview (the interpreter may be a family member or friend or a professional interpreter if you want to hire one). She will still have to take the civics test in the language of her choice.

If she is going to request a waiver of the English language requirement, it is a good idea to attach a cover letter to the N-400 application requesting such a waiver.

Under some circumstances it may be possible to also get a waiver of the civics exam, based on physical or developmental disability or a serious medical condition - read the M-476 guide to see for more info about that and to check if your mother qualifies for such a waiver.
 
Thank you very much for your prompt responses.

I read the "English and Civics" section in M-476 and if I understand correctly my mom will be eligible for waiver[second option] if she spent total 15 years in USA since her PR issued date but I am afraid to say that she has green card for more than 15 years but she didn't spend total 15 years here in USA, she was traveling back and forth to India. Are there any other options for her?

Thank you
 
Citizenship2Mom said:
Thank you very much for your prompt responses.

I read the "English and Civics" section in M-476 and if I understand correctly my mom will be eligible for waiver[second option] if she spent total 15 years in USA since her PR issued date but I am afraid to say that she has green card for more than 15 years but she didn't spend total 15 years here in USA, she was traveling back and forth to India. Are there any other options for her?

Thank you
Click to expand...

The fact that she spent some of the time since becoming an LPR is irrelevant to her eligibility for an English waiver. The things that matter are the "resident since" date on her green card and her age.
 
Hi Baikal3-
As I understand you correctly, you are saying that she should be eligible for waiver it's because she received her PR more than 15years ago even though she didn't lived in USA total 15 years. Am I correct? If that's true then that's relieves me a lot.

Thanks
 
Citizenship2Mom said:
Hi Baikal3-
As I understand you correctly, you are saying that she should be eligible for waiver it's because she received her PR more than 15years ago even though she didn't lived in USA total 15 years. Am I correct? If that's true then that's relieves me a lot.
Click to expand...

That's correct.
 
Dear Friends:
I have couple more questions,

1. Do I need to submit any waiver form or just explain it in covering letter saying that she doesn't speak English and she needs a translator at the time of interview?

2. my mom never earned money and she didn't filed her taxes so my question is what should I answer for this question # 4 under part 10.
Since becoming lawful permanent resident, have you ever failed to file a required federal, state or local tax return?

Thanks
 
Citizenship2Mom said:
Thank you very much for your prompt responses.

I read the "English and Civics" section in M-476 and if I understand correctly my mom will be eligible for waiver[second option] if she spent total 15 years in USA since her PR issued date but I am afraid to say that she has green card for more than 15 years but she didn't spend total 15 years here in USA, she was traveling back and forth to India. Are there any other options for her?

Thank you
Click to expand...


Separate from the English test, there are requirements of residency, epsecially for the period corresponding to the last 5 years that must be met. Make sure you do not overlook those.
 
Thanks, Javacafe. In last five years she was traveling back and forth but never stayed more than 180 days outside of USA. I am assuming that this will make her eligible for citizenship, I think I ruled out all in-eligibility options. Now, to complete the application I need some suggestions for the questions asked in my previous post.

Regards
 
Citizenship2Mom said:
Dear Friends:
I have couple more questions,

1. Do I need to submit any waiver form or just explain it in covering letter saying that she doesn't speak English and she needs a translator at the time of interview?

2. my mom never earned money and she didn't filed her taxes so my question is what should I answer for this question # 4 under part 10.
Since becoming lawful permanent resident, have you ever failed to file a required federal, state or local tax return?

Thanks
Click to expand...

I trust you have read Page 26 of this document http://www.uscis.gov/files/article/M-476.pdf .

I had also read somewhere (although, only in one place so far that I cannot seem to be able to locate right now) that you are supposed to mark the application at the top with 55/15. I am not sure about this though.

I do not have the N-400 form handy. Is there a question that brings this issue to focus? If so, then all the explanations would go as an explanatory addendum to the response for that question. Otherwise, a cover letter (or a special addendum) explaining this issue succinctly should do the trick.

For the second question, the response should be "No." But, there should also be an explanatory addendum, which states that she did not have any income. Also, in a case like this, I would keep ready for the interview, documents that show how she made a living. In other words, copies of Tax Account Transcripts and Tax Return Transcripts (at least for the last five years), in which she was claimed as a dependent, and other documents of support, if any, should be kept ready as documentary evidence.
 
Thanks again, Javacafe.

Yes, I read the page 26 of M-476 document and got confused with the explanation and that's the reason I raised the question, do they[55 years or over applicants] have to live in USA for 15 years since becoming permanent resident or they have to be just permanent resident card holders for more than 15 years?

The question they have on N-400 is related to disability or impairment but nothing related to age and time related waiver so I was not sure where to mention.

For the question related to taxes, I want to answer no but the problem is except for year 2010 I never claimed her has a dependent on my taxes so I don't have any documentation.
 
On page 26, it of the M-476 document, it sates, "To qualify for one of these exceptions, your time as a Permanent Resident does not have to be continuous. You are eligible for the exemption as long as your total time residing in the United States (as a Permanent Resident) is at least 15 or 20 years. You may not count time when you were not a Permanent Resident."

To me, this indicates that she needed to be a LPR for at least 15 years. Are you reading this as the "the total amount of time spent on US soil must be 15 years"? What, by the way, is the total amount of time she spent on US soil, then?

I believe and, as I think, others have clarified, the first interpretation is more likely to be accurate.

Second, you don't have to claim her as a dependent. But, you only have to be able to show how she manages to sustain herself. The State is interested in knowing that she does not live off public funds. So, you need to convince them that she lives off your (or some other person's) earnings.
 
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