Elderly mother applying for citizenship

[marta4085]

Hello all. My 72 year old mother recently attended her citizenship interview and got a continuance for two reasons:

1) She did not meet the requisite knowledge of English language / civics

2) She receives publicly-funded medicare and medicaid

First, isn't there a rule that states if you're old enough you don't have to take the English language test? I know that if you're 55 or over and a LPR for 15+ years, it's waived, but what if you're 65 or over and only an LPR for 5 years?

Second, How can she overcome the fact that she receives medicare and medicaid?

Thank you SO MUCH for any guidance.

-Marta

 

[boatbod]

There are three categories for English language exemptions (both documented in M-476 Guide to Natualization).

i. Over 50yrs of age, with at least 20yrs as LPR - English waived, but must take civics test in a language of your choice.
ii. Over 55yrs, with at least 15yrs as LPR - same exemption as above
iii. Over 65yrs, with at least 20yrs as LPR - English waived, and simplified civics test in a language of your choice.

So no, your mother doesn't qualify for any exemptions to the English language requirement.

I can't quite see how your mother qualified for Medicare, as it really doesn't sound like she could have paid in 40 quarters (10yrs) of social security contributions. I can definitely see why this would be a red flag to the IO. Did you sponsor your mother's LPR? If so, there are financial & legal obligations you agreed to when you signed the I-864 Affidavit of Support.

Medicaid is a different matter, and each State runs their own programs slightly differently.

 

[whatsupdoc]

I can't quite see how your mother qualified for Medicare, as it really doesn't sound like she could have paid in 40 quarters (10yrs) of social security contributions. I can definitely see why this would be a red flag to the IO. Did you sponsor your mother's LPR? If so, there are financial & legal obligations you agreed to when you signed the I-864 Affidavit of Support.

Marta-
if your mother has received medicare benefit all this years, she should be lucky that no government agency is going after her to return that money, yet. We all know that US Immigration system is not perfect, but... please... do not abuse the system.
We all come to this country for a new life that offers abundant opportunities. We want to be part of it. Part of our salaries go to medicare, so the money can be used for those who have helped build this nation. Those who are eligible for this kind of benefit.
Echo boatbod question, did you sponsor your mother's LPR?

 

[brb2]

In the past most PRs could avail of medicaid (state funded out of federal money) and medicaire if above 65. Clinton made it impossible for PRs to receive it. Not having worked in the US for 10 years does not mean one can't get medicare. One can legally buy medicare after 5 years of PR status. One can also get medicaid after 5 years of PR status. That said, in some circumstances if the sponsor is unable to provide a support due to major life event's the new PRs can apply for state aid.

The downside is that when one comes up for citizenship being on public welfare causes problems for naturalization. Most "savvy" people put elderly on to government programs as soon as they get citizenship. As per the immigration sponsor's conditions, I think the period of support is 10 years or naturalization, which ever occurs earlier.

I suggest you consult an immigration attorney to figure out options available to your mother.

Hello all. My 72 year old mother recently attended her citizenship interview and got a continuance for two reasons:

1) She did not meet the requisite knowledge of English language / civics

2) She receives publicly-funded medicare and medicaid

First, isn't there a rule that states if you're old enough you don't have to take the English language test? I know that if you're 55 or over and a LPR for 15+ years, it's waived, but what if you're 65 or over and only an LPR for 5 years?

Second, How can she overcome the fact that she receives medicare and medicaid?

Thank you SO MUCH for any guidance.

-Marta

 

[boatbod]

IAs per the immigration sponsor's conditions, I think the period of support is 10 years or naturalization, which ever occurs earlier.

No, its 40 quarters (10yrs) of social security work credits. If you don't work, you don't get credits, and the affidavit of support remains in effect until you naturalize, die or otherwise cease to be a LPR.

One can legally buy medicare after 5 years of PR status

I thought I'd explored medicare eligibility fairly thoroughly for my own mother (who is 71), and nowhere have I see this documented. There are some Part A exceptions for LPRs with certain specific medical conditions, but not as far as I know, a general option to buy in after 5 years. Do you have a link or reference that I could take a look at?