Exceptions Based on Age and Length of Residency
United States Citizenship and Immigration Services (USCIS) provides several exceptions for older green card holders seeking naturalization. These accommodations are designed to address the unique challenges older individuals may face with language and memorization requirements. It is important to distinguish between the English language exemptions and the special considerations for the civics test.
The 50/20 and 55/15 English Exemptions
Seniors may be exempt from the English language test if they meet certain age and residency requirements:
- 50/20 Exemption: If you are 50 or older and have been an LPR for at least 20 years.
- 55/15 Exemption: If you are 55 or older and have been an LPR for at least 15 years.
Those who qualify for these exemptions must still take the civics test but can do so in their native language with an interpreter.
The 65/20 Civics Test Special Consideration
While the civics test is not automatically waived, a special consideration exists for those 65 or older with at least 20 years of LPR status at the time of filing Form N-400. This involves studying a reduced set of 20 civics questions instead of the full 100. The USCIS officer will ask up to 10 of these 20 questions, requiring 6 correct answers to pass. This test can also be taken in your native language.
Medical Disability Exception: Form N-648
Beyond age and residency, a waiver is available for individuals with physical or mental impairments preventing them from meeting naturalization requirements, known as the Medical Disability Exception. This is requested using Form N-648, Medical Certification for Disability Exceptions.
Eligibility for the Medical Exception
Eligibility requires a medically determinable physical or developmental disability or mental impairment expected to last at least 12 months. This impairment must hinder the ability to learn English and/or U.S. history and civics. Age alone is not sufficient.
Completing Form N-648
A licensed medical doctor, doctor of osteopathy, or licensed clinical psychologist must complete and certify Form N-648. The professional must examine the applicant, explain the diagnosis and how it prevents meeting the requirements, and certify its expected duration. The completed form must be submitted with Form N-400.
Comparison of Waivers for Seniors
A comparison of the waivers available can be found on the {Link: USCIS Policy Manual https://www.uscis.gov/policy-manual/volume-12-part-e-chapter-3}.
How to Apply for an Exception
Age and residency-based exemptions are requested by indicating eligibility on Form N-400. If you qualify for an English exemption, prepare for the civics test in your native language and arrange for an interpreter. For medical waivers, consult a doctor to complete Form N-648, detailing the diagnosis and its impact. Submit Form N-648 with Form N-400.
Important Considerations and Potential Pitfalls
Proper documentation is crucial for the medical disability exception, requiring a detailed explanation from the doctor on Form N-648. Insufficient detail can lead to denial. If Form N-648 is denied, the applicant will need to take the English and civics tests and will usually get a second chance if they fail the first time. Consulting an immigration attorney can help navigate the complex process and ensure correct completion of forms.
Conclusion
Senior applicants for U.S. citizenship have several options available through age-based English exemptions, the 65/20 special civics test consideration, and the medical disability exception via Form N-648. Understanding these requirements and properly requesting the applicable waiver can make the naturalization process more manageable for older green card holders. For more information, refer to the official {Link: USCIS website https://www.uscis.gov/citizenship/exceptions-and-accommodations}.
