US Citizenship 55/15 rule and continuous living

Nightingle

Registered Users (C)
#1
Age related exemptions for US citizenship 55/15 rule says that, if a PR lives in US for 15 years and his age is above 55 he can get exemption from English language test.
My question is should this 15 years residence be continuous ( no out of USA tour for more than 6 months)?
More specifically if applicant during this 15 year period stay out of USA for more than 6 months, will he be able to apply still? If yes that what to do for him/her?

I need to know this for my mom. Experts please help.

Thank you.
 
#2
The older you get, the harder it can be to learn a new language or memorize factual material. For this reason, U.S. immigration law (I.N.A. Section 312) allows older applicants for naturalization (U.S. citizenship) to request easier versions of the English.

Age-Related Exceptions to the U.S. Citizenship (Naturalization) Exam Requirements:-

English Requirement “50/20” and “55/15” Exceptions for Advanced Age

The USCIS officer who interviews the person will normally speak to him or her in English and watch how well the applicant answers questions and responds to instructions. The officer will also ask the applicant to read a short piece of text out loud, and to write a sentence that the officer says aloud (dictates).

However, two separate rules allow older people to avoid the English requirement entirely, and instead have the interview done with the help of a foreign language interpreter. Note that this doesn’t mean you can avoid the civics exam as well—you will still need to take it —but you will be able to take it in your native language, with the help of an interpreter.

If you are age 50 or older and have lived in the U.S. as a green card holder (permanent resident) for at least 20 years, you can have the citizenship interview conducted in your native language. This is commonly referred to as the “50/20” waiver. These 20 years of permanent residence do not need to have been continuous. If you have been outside the U.S. for short periods of time (fewer than six months at a stretch, to be safe), that is okay, so long as all your time living in the U.S. totals 20 years.

The second rule is known as the “55/15” waiver. It says that if you are age 55 or older and have lived in the U.S. as a green card holder for at least 15 years, you can have the citizenship interview and exam conducted in your native language. Again, the 15 years do not need to have been continuous.
 

Nightingle

Registered Users (C)
#3
These 20 years of permanent residence do not need to have been continuous. If you have been outside the U.S. for short periods of time (fewer than six months at a stretch, to be safe), that is okay, so long as all your time living in the U.S. totals 20 years.

This sounds bit confusing. What i know is, if anyone have a trip less than 6 months outside of US, it should be considered continuous living in US.

Suppose, someone living 9 yrs in US continuously ( less than 6 month trip outside of USA), then 11 month in another country than again in US for 5 years continuously, what rules apply for him? What should be the rule for Physical Presence in 55/15 rule?

TIA.
 
#4
These 20 years of permanent residence do not need to have been continuous. If you have been outside the U.S. for short periods of time (fewer than six months at a stretch, to be safe), that is okay, so long as all your time living in the U.S. totals 20 years.

This sounds bit confusing. What i know is, if anyone have a trip less than 6 months outside of US, it should be considered continuous living in US.

Suppose, someone living 9 yrs in US continuously ( less than 6 month trip outside of USA), then 11 month in another country than again in US for 5 years continuously, what rules apply for him? What should be the rule for Physical Presence in 55/15 rule?

TIA.
Let me explain in Brief what this means.Suppose you have been in U.S for 5 years then If you are outside of U.S for less than 6 months at a stretch and again stay in U.S for 3 years. This means that you stayed in U.S. for
5 yrs+whatever period you are out of U.S+3 yrs = 8+whatever period you are out of U.S

For your mentioned Example
9 yrs + less than 6 month trip outside of USA = 9 yrs 6 months But If it exceeds 6 months barrier. It will be counted again from the beginning
 

newacct

Well-Known Member
#5
The text of the law (INA 312(b)) says "periods totaling at least twenty years" and "periods totaling at least fifteen years", so I think the 15 years do not need to be continuous.
 

SusieQQQ

Well-Known Member
#7
The text of the law (INA 312(b)) says "periods totaling at least twenty years" and "periods totaling at least fifteen years", so I think the 15 years do not need to be continuous.
But it does sound from that the applicant needs to have actually spent 15 years on American soil (physical presence) in total. So OP’s bolded question in post #3, totaling 14 years, would fall short?

Alternatively https://lmgtfy.com/?q=esl+classes+near+me
 

Jbuff

Active Member
#8
The text is self explanatory. 55/15
Older than 55 and spent at least 15 years in in the US .

First question to ask one self is . Did said person live in the US for at least 15 years as a permanent resident ?
Do keep in mind that if at any point she stayed out of the US for more than 6 months it could be argued that she broke residency. Same rules apply just for 15 years !!

Seems like your mom would either have to take English classes or just wait until she fits said rule !!
 

newacct

Well-Known Member
#9
But it does sound from that the applicant needs to have actually spent 15 years on American soil (physical presence) in total. So OP’s bolded question in post #3, totaling 14 years, would fall short?
Yes, it would fall short and they would need another year. I don't think it needs to be 15 years of physical presence, but 15 years of "living" in the US. But 11 months away would probably not be considered "living" in the US during that time.
 

Nightingle

Registered Users (C)
#10
:eek:
Yes, it would fall short and they would need another year. I don't think it needs to be 15 years of physical presence, but 15 years of "living" in the US. But 11 months away would probably not be considered "living" in the US during that time.
Is that right?
If more than 6 months out of the US, does this period excluded from counting or this breaks the residency rule ?
Previous discussions mean cut off from residency.
 

SusieQQQ

Well-Known Member
#11
:eek:

Is that right?
If more than 6 months out of the US, does this period excluded from counting or this breaks the residency rule ?
Previous discussions mean cut off from residency.
It is a “rebuttvale” presumption of breaking continuous residence. It resets residency unless you can prove you didn’t break residence for example having sole access to a home (can’t be a home you own but rented out for example), job maintained while away, family still there etc. very difficult for most people to prove with an absence like that.
 

newacct

Well-Known Member
#12
It is a “rebuttvale” presumption of breaking continuous residence. It resets residency unless you can prove you didn’t break residence for example having sole access to a home (can’t be a home you own but rented out for example), job maintained while away, family still there etc. very difficult for most people to prove with an absence like that.
This thread is about the 50/20 or 55/15 requirement to be exempt from the English test, not the continuous residence requirement.
 
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