Mom 92 years- not interviewed- does not know english

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madh4

Registered Users (C)
My mom 92 years old has been in the country since 05/2004. She filed N400 in Nov09. She had only one trip abroad for 100 days. Earlier she was a GC holder for 13 years from 1983to 1996. She had voluntarily surrendered GC in 1996. She had visited USA on tourist visa in 2000. She got new GC in 2004. She applied for exemption of English language as legal immigrant for over 15 years and above 55 years of age. She had asked for help translator earlier itself. All her records were correct in the USCIS and was available at the time of interview.

When we reached for interview, we were asked to wait in the waiting room. The IO called her and said as she doesn't know English she will not be interviewed. I protested and were taken to Supervisor and she reviewed the case. She informed that as my mom had left the country voluntarily the earlier GC period will not be counted. Are the correct??? The English language exemption clause says as legal immigrant for 15 years and does not speak of single A# or Green Card.:

What way out???
 
madh4 said:
My mom 92 years old has been in the country since 05/2004. She filed N400 in Nov09. She had only one trip abroad for 100 days. Earlier she was a GC holder for 13 years from 1983to 1996. She had voluntarily surrendered GC in 1996. She had visited USA on tourist visa in 2000. She got new GC in 2004. She applied for exemption of English language as legal immigrant for over 15 years and above 55 years of age. She had asked for help translator earlier itself. All her records were correct in the USCIS and was available at the time of interview.

When we reached for interview, we were asked to wait in the waiting room. The IO called her and said as she doesn't know English she will not be interviewed. I protested and were taken to Supervisor and she reviewed the case. She informed that as my mom had left the country voluntarily the earlier GC period will not be counted. Are the correct??? The English language exemption clause says as legal immigrant for 15 years and does not speak of single A# or Green Card.:

What way out???
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Unfortunately for your mom, when she surrendered her first GC in 1996, she gave up her status as a legal immigrant. The fact that she visited the U.S. on a tourist visa only further supports that fact. The 15 years start since she entered the U.S. as a legal immigrant the 2nd time.
 
I admire such spirit and good luck for your mom.

But one can wonder if there is still any tangible,practical, and materrial benefits to still go for citizenship at the age of 92?
 
madh4 said:
The English language exemption clause says as legal immigrant for 15 years and does not speak of single A# or Green Card.:
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The exception implies a single A# or GC with the use of the wording "a lawful admission..."

8 CFR 312.1(b)(2)

2) A person who, on the date of filing his or her application for naturalization, is over 55 years of age and has been living in the United States for periods totaling at least 15 years subsequent to a lawful admission for permanent residence
 
Bobsmyth said:
The exception implies a single A# or GC with the use of the wording "a lawful admission..."

8 CFR 312.1(b)(2)

2) A person who, on the date of filing his or her application for naturalization, is over 55 years of age and has been living in the United States for periods totaling at least 15 years subsequent to a lawful admission for permanent residence
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Thanks Bobsmyth, I am wrong on my presumption. That"a" makes all the difference. Nothing much lost Mom can be PR/GC holder for ever. Only i lost $595.00.
 
Thanks bobsmyth, vorpal and seniors

Readers of this forum are aware we initially could not get my mother who is 92 years old exemption of English language. She had broken her stay here. Initially she was in USA for 13 years on family based GC. She returned to India and came back after a gap of 8 years on new GC. She filed N-400 after 5 years stay. She was refused English Language exemption under 55years of age/15years stay by USCIS refusing to take cognizance of earlier stay.

Experts opined, by the wording of law, USCIS is correct. I also felt they were correct. However reading various posts in this forum and on knowledge gained, we approached our US Congressman. Their office had been very helpful. They contacted USCIS and got my mom exemption from English test. Not only that the kept in contact with us in the whole process. Excellent work by their office. We are really grateful .

Another interesting aspect was that my mother did not qualify for 65years of age/20yr stay for shortened list of questions. She had to study all 100 questions in her mother tongue. She answered 6 right out of 7. The IO was so pleased and surprised . He remarked if he can have that memory power at 92 years he will consider himself as blessed . He approved her application.

Today she had her Oath Ceremony at San Jose. Being old she was permitted to take Oath separately before others. She wants to express her thanks to forum.

Moral of the story contact your Congressman/Senator. They can do a lot. If in trouble approach them.
 
Very good news. Congratulations to you guys. By the way, I didn't see this thread when it was first started, but with that use of "a lawful admission," that can also refer to the initial admission to permanent residence because that was "a" lawful admission. If it said "the," then one could assume that "the" referred to the admission related to the case being processed for naturalisation. Am I wrong?
 
This seems more like a case of sympathy and respect because she's 92. If a 55-year-old had done the same thing I doubt they would have been approved without knowing English.
 
madh4 said:
Readers of this forum are aware we initially could not get my mother who is 92 years old exemption of English language. She had broken her stay here. Initially she was in USA for 13 years on family based GC. She returned to India and came back after a gap of 8 years on new GC. She filed N-400 after 5 years stay. She was refused English Language exemption under 55years of age/15years stay by USCIS refusing to take cognizance of earlier stay.

Experts opined, by the wording of law, USCIS is correct. I also felt they were correct. However reading various posts in this forum and on knowledge gained, we approached our US Congressman. Their office had been very helpful. They contacted USCIS and got my mom exemption from English test. Not only that the kept in contact with us in the whole process. Excellent work by their office. We are really grateful .

Another interesting aspect was that my mother did not qualify for 65years of age/20yr stay for shortened list of questions. She had to study all 100 questions in her mother tongue. She answered 6 right out of 7. The IO was so pleased and surprised . He remarked if he can have that memory power at 92 years he will consider himself as blessed . He approved her application.

Today she had her Oath Ceremony at San Jose. Being old she was permitted to take Oath separately before others. She wants to express her thanks to forum.

Moral of the story contact your Congressman/Senator. They can do a lot. If in trouble approach them.
Click to expand...
Congratulations ! Sounds like the district director intervened after being contacted by congressperson's office.
 
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