News Update - October 10, 2009

By Alan Lee, Esq.^†‡

New Naturalization Test Now Mandatory for all Applicants

On October 1, 2009, the USCIS made its new citizenship test mandatory for all applicants for naturalization (N-400), regardless of when the N-400 was filed. The new test requires that you be able to read and write one out of three sentences in English and answer at least 6 of 10 U.S. Civics (Government/History) questions correctly. The new test currently has a pass rate of 91%. A practice test is available at uscis.gov/citizenship under the link “Study Materials for the Naturalization Test” to help you prepare.

There are certain exceptions and modifications to the test requirements. If you have a physical or developmental disability, you may be eligible for an exception to the English language and civics tests. In order to qualify, you must submit a properly documented Form N-648 Medical Certification for Disability Exceptions. Applicants for naturalization who meet certain age requirements such as being over age 50 and living in the U.S. as a permanent resident for 20 years or over age 55 and living in the U.S. as a permanent resident for 15 years are eligible for an exception to the English language portion of the test. These applicants can take the Civics portion of the exam in their native language. For more on these exceptions, visit uscic.gov/citizenship.

† The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

‡ This article © 2009 Alan Lee, Esq.

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The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.