Questions for US Army dependant

H

healer_guide

Registered Users (C)
Hello everyone,

I have several questions and wasn't sure where to post them, I hope this is the right place to do so.

My husband recently joined the armed forces in the US and my mother is his dependant.
She has been a legal resident in the US for 19 years and we want to look into having her file her citizenship. She is 77 years of age and disabled, we fully provide for her economic support. Here are a few of the questions I have so far:

1. If being military dependant is the fee waived or does she pay equal the 680.00 or less

2. She went to visit family overseas for 3 months and came back 8 months ago, do these 8 months work in favor of the citizenship

3. Does she needs old passports ( I think they ask for all travels for the last 5 years but please correct me if I am wrong )

4. I was browsing in this site and it seems that the processing times in Orlando, FL where she would have to take her oath if everything goes well is about 4 months, does anyone have any updates on this?

5. Being a military dependant is the processing faster or does it take the same amount of time? I have looked around online but it seems that all I can find for military dependents are spouse and children, she IS a military dependent, we did our due diligence and processed her as such, thus she has her own military ID card

6. My mother has never worked or married in this country, she has always been provided for by us thus, she never filed any taxes as she never earned an income

7. She would have to take the test in spanish as she doesn't speak english, as far as moral character, tickets and such, she is perfectly fine, no issues there.

I am sure I will have more questions as I look deeper into this, but please let me know your comments, suggestions and anything you might think I could have overlooked so far ( by the way, I would much rather not wait for her 20 years residence to take the simplified test, as her green card would have to be renewed in a few months and I'd rather not spend money in renewing her green card AND a citizenship right afterwards )

Thank you all so very much for your help,
Healer_Guide
 
Military dependents for immigration purposes include spouses and children only, not in laws. She may well be a dependent for military purposes, but not for immigration. Your mom will have to apply under her own merits. Her 8 month trip will go against her continuous residence requirement unless she can prove otherwise.
 
Hello Bobsmyth,

Thank you for clarifying that for me, that had me very confused. By the way, her trip abroad was for 3 months only. It was 8 months ago what I was trying to say.
 
Your mom qualifies for the standard INA 312 exception "55/15" where she is at least 55 years old and has been a greencard holder for at least 15 years. English is waived but she has to pass the civics test. IF she waits a little while she will meet the 65/20 "special consideration" for the civics test. There is no other processing or fee consideration for her as a Military dependent. A form I-912 is a remote possibility for a fee waiver, but unless your family is particularly poor it may be more trouble than it is worth. Your mom is over 74 and does not have to pay the fingerprint fee or be fingerprinted, she will instead get Police Clearance letters to present at the interview and examination. Her 3 month trip is no big deal. IF she has any other trips that are over 6 months, they could pose a problem.

INA 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.
 
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Thank you BigJoe5,

How do I go about English being waved for her test and interview? Is there a particular form I would need to include? It seems to me that the N-400 is filled out only in
English, I do see the part in the form where it asks for accomodations and I could request that based on the fact that English could be waived for my mother for the interview and test, I could request that in writing there but to be honest, I don't know if this would be the way to request this. I personally know the case of a lady who wanted to have the interview and test in spanish ( she did meet the requirements to do so ) however, I am pretty sure that there must have been an oversight when she filed her papers, because when she went to her interview, they told her at the office that she was supposed to have the interview and test in english, so she lost her money as no fees were returned. Definitely not the kind of surprise I want to have when I take my mother for her interview!
 
healer_guide said:
Thank you BigJoe5,

How do I go about English being waved for her test and interview? Is there a particular form I would need to include? It seems to me that the N-400 is filled out only in
English, I do see the part in the form where it asks for accomodations and I could request that based on the fact that English could be waived for my mother for the interview and test, I could request that in writing there but to be honest, I don't know if this would be the way to request this. I personally know the case of a lady who wanted to have the interview and test in spanish ( she did meet the requirements to do so ) however, I am pretty sure that there must have been an oversight when she filed her papers, because when she went to her interview, they told her at the office that she was supposed to have the interview and test in english, so she lost her money as no fees were returned. Definitely not the kind of surprise I want to have when I take my mother for her interview!
Click to expand...

The exceptions are automatic, no form required. The eligibility is determined on the basis of the filing date. The questions in Part 3 are inquiring about the N-648 Disability Exemption by a waiver application with a Doctor's assessmentnot the statutory exceptions. The accommodations are asking about the needs to accommodations afforded by the Americans with Disabilities Act (ADA), this would be sign language interpretation, wheelchair access (no need to ask for that) or if someone is bedridden and needs a home visit. Just check your math in determining the filing date. Read the statute about the exceptions.
 
healer_guide said: I personally know the case of a lady who wanted to have the interview and test in spanish ( she did meet the requirements to do so ) however, I am pretty sure that there must have been an oversight when she filed her papers, because when she went to her interview, they told her at the office that she was supposed to have the interview and test in english, so she lost her money as no fees were returned..

I think she must have made a math mistake OR counted time before getting a greencard incorrectly. Use the "resident since" date on the card to do the calculations.
 
Bobsmyth no worries :-)

BigJoe5 I was thinking about that...I spoke with my mother and she told me that the lady we know was at the time 62 years old and had over 15 years of residence, the immigration officer told her that she was supposed to take the test in english. So I don't know if it was a major oversight from the officer, I've known this lady for over 20 years and I do know in fact that when she applied she had over 15 years of residence but less than 20 years, that is why I was so concerned to know if there was a specific form to waive English for my mother.
 
healer_guide said:
Bobsmyth no worries :-)

BigJoe5 I was thinking about that...I spoke with my mother and she told me that the lady we know was at the time 62 years old and had over 15 years of residence, the immigration officer told her that she was supposed to take the test in english. So I don't know if it was a major oversight from the officer, I've known this lady for over 20 years and I do know in fact that when she applied she had over 15 years of residence but less than 20 years, that is why I was so concerned to know if there was a specific form to waive English for my mother.
Click to expand...
USCIS website states the following:
Note: Even if you qualify for the “50/20” or “55/15” English language exceptions listed above, you must still take the civics test. You may be permitted to take the civics test in your native language, but only if your command of spoken English is insufficient to conduct a valid examination in English

In your family friend's case, perhaps the IO determined that her command of English was sufficient enough to conduct interview in English. To be on the safe side, write up a cover letter with your mom's application indicating that she requests to have interview done in Spanish due to insufficient command of English.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ffe2a3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=ffe2a3ac86aa3210VgnVCM100000b92ca60aRCRD


In the mean time, she can review the USCIS test information in Spanish.

http://www.uscis.gov/portal/site/uscis/menuitem.749cabd81f5ffc8fba713d10526e0aa0/?vgnextoid=3f40d63b1a43b210VgnVCM100000082ca60aRCRD&vgnextchannel=3f40d63b1a43b210VgnVCM100000082ca60aRCRD
 
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