World Journal Weekly Q & A - August 16, 2009Does Mother Who is 96 Years Old and Has Been in the U.S. for Over 10 Years Have to Take the Naturalization Test in English?Xu Reader asks: My mother is 96 years old, and holding a permanent green card. She lives in the U.S. over 10 years. She wants to apply for naturalization but her English is poor. Can she has an English translator for her answer, due to her old age? Dear reader: Age by itself does not provide a basis for allowing an interpreter
for a naturalization applicant. If she has medical disabilities
that could be described by a medical doctor, clinical psychologist
or doctor of osteopathy in form N-648, medical certification for
disability exceptions, she could then request an exemption of the
testing requirement. Conditions affecting the elderly could be advanced
senility or even Alzheimer's which affect the ability of an applicant
to learn and retain knowledge. Exemptions to test in their own language
on the basis of long residence in the U.S. alone are restricted
to those who have either been permanent residents for 20 years and
are 50 years of age; or permanent residents for 15 years and at
least 55 years of age. For those who are 65 years of age and have
held the green card for 20 years, a much simpler test in their own
language is allowed.
What is the Effect of Being Approved for a FAFSA Application for Financial Aid on My I-864 Financial Sponsor?Hu reader asks: My family received our green card last year. I prepare to attend a community college in North California for two years and later transfer into a four-year college. Because my parents have not yet found a job, therefore our last year tax return did not have any income, and we are a low income household. After tax filing, I submitted a FAFSA (Free Application for Federal Student Aid) and was approved. Will the scholarship I applied now become my I-864 financial sponsor’s responsibility? If yes, what should I do? Does that mean I can’t apply for financial aid after I transfer to a four-year college? Is there any other ways to get financial aid my college tuition? Dear reader: Form I-864 P, "Poverty Guidelines" of U.S.C.I.S. states that to date, federal agencies administering benefits programs have determined that federal means tested public benefits include food stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (SCHIP). For state means tested public benefits, each state will determine which, if any, of its public benefits are means tested, and that individuals should check with the state Public Assistance Office to determine which, if any, state assistance programs have been determined to be state means tested public benefits. Programs which are not included as means tested benefits are emergency Medicaid; short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; student assistance under the Higher Education Act and Public Health Service Act; certain forms of foster care or adoption assistance under the Social Security Act; Headstart Programs; means tested programs of the Elementary and Secondary Education Act; and Job Training Partnership Act programs. As the Free Application for Federal Student Aid (FAFSA) falls under the Higher Education Act, it is not considered a means tested public benefit, and will not become your I-864 financial sponsor's responsibility.
I Got the I-130 Approval Notice for My Son and His Priority Date is Coming Close. What Can I Do?Jiang reader asks: On December 2, 2002, I applied for my over 21, unmarried son with my green card and received a receipt. In 10/2008, I went on-line and checked his case status and found out on 5/19/05 immigration had sent me a notice and informed us the case had been transferred to NVC. We immediately informed immigration of our new address and later received I-130 approval dated 5/19/05. On 5/26/09, I checked online again, and knew that Immigration had sent another notice on 6/21/05 and I didn’t receive that letter. How should I go about checking the content of these notices? On 5/21/09, I become a U.S. citizen. What kind of form should I fill out to inform Immigration or NVC to shorten my son’s wait time. Dear reader: According to the visa Bulletin of August 2009, your son's priority date is now current for visa issuance under the F-11 category for unmarried sons and daughters of U.S. citizens. If your son will be consular processing his case overseas, you can make the National Visa Center aware that you have become a U.S. citizen, and it will work to upgrade your son's case from F-2B to F-11. No specific form is required. The National Visa Center is located at 32 Rochester Avenue, Portsmouth, New Hampshire 03801-2909. If your son is in the United States and will be adjusting status with U.S.C.I.S., you can show both the approval and your naturalization certificate when your son submits the I-485 adjustment of status to permanent resident application to the agency. All family based I-485 applications are sent to the Chicago Lockbox of U.S.C.I.S. either at USCIS if applying by post office mail or USCIS if applying by courier mail. He should include a letter or a note explaining that he wishes the case to be considered under the F-11 category as you have naturalized.
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Copyright © 2003-2012 Alan Lee,
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