World Journal Weekly Q & A - February 3, 2013

Q & A 1. 2.

Q&A 1.

Elderly Couple Holding Green Cards Less Than 15 Years Wish to Naturalize Without Taking the Test in English

An elderly couple Ask:

My wife and I are 76 years old.  We received our green cards in 2005 and 2006 respectively.  We want to be naturalized but are told we must past English examination.
We have the following problems:

1. Our memory is extremely poor, especially my wife.  Although my wife took prescription pills to improve memorization, her memory still is getting worse.
2. Even with new glasses, the book became blurring after a few minutes of reading.
3. My wife has hearing problems.  Although she studied very hard recent years, she was still working on the same simple words without any progress.

Therefore, here are our questions:

1. How can we be naturalized?  What are the requirements?
2. From filling the application forms to successfully swearing in, what will be the minimum lawyer’s fee?
3. We do not have internet and do not know how to use a computer.  How could we obtain the naturalization materials in Chinese version?

Dear reader,

1.   The law provides an exemption from taking the naturalization test in English for those who are 55 years of age and have held the green card for 15 years, or those 50 years of age and holding the green card for 20 years.  Persons 65 years of age and holding the green card for 20 years are allowed a simplified test in their native language.  Unfortunately neither you nor your wife qualify for any of these exceptions as you've held the cards six and seven years.  From your questions, you are seeking a medical exception. Where you wish an exemption for medical reasons, you must present a credible form N-648 medical certification for disability exceptions completed by a medical professional. U.S.C.I.S. will accept certifications from only medical doctors, doctors of osteopathy, and clinical psychologists licensed to practice in any state of the United States. The doctor must provide a clinical diagnosis of the disability and/or impairment that forms the basis for seeking the exception to the English and/or civics requirements. He/she must answer the questions on the forms including dates of examination, whether he/she regularly treats you or your wife for the condition(s) complained of, whether the disability and/or impairment has lasted or is expected to last at least 12 months, what caused the medical disability and/or impairment, what clinical methods were used to diagnose the condition(s), how the condition(s) affects you or your wife's ability to demonstrate knowledge and understanding of English and/or civics, and whether in the doctor's professional medical opinion, you or your wife's disability or impairment prevents you or her from demonstrating the ability to read English, write English, speak in English, and answer questions regarding United States history and civics, even in the language that you both understand.

2.   As there is no scale for lawyer’s fees, every lawyer will have his/her own minimum fee.

3.   Anyone who has a computer can log onto the U.S.C.I.S. website (www.uscis.gov) and print out the naturalization materials in Chinese for you. A friend could help you do. So could a librarian at your local library, or even a helper at a local senior center.

Q&A 2.

What is Taking so Long on Son's Case with Approved F-1 Petition as Unmarried Adult Son of U.S. Citizen where Immigration Called to Inform in March 2012 that All Sent to U.S. Consulate in Guangzhou and to Wait for Son's Interview?

A mother asks:

I put in the petition for my unmarried adult son on July 20, 2006.  On July 18, 2011, I became a U.S. citizen, and my son’s category changed to F1, unmarried adult child of a U.S. citizen.

In early 2012, I received immigration’s notice and sent forms, tax returns and check to CIS on 1/12, 1/27, 2/6, 2/18 separately.  Everything was set.  On March 29, Immigration called to inform us that our immigration package was forwarded to U.S. consulate in Guangzhou and said to wait for my son’s interview notice.

But it has been over half year (I know other people, who submitted the documents at the same time I did, had already received their interview notices), my son still haven’t received anything yet.

I do not know why? Did the package get lost?  Are there any other reasons? We don’t know how to check the case.  Please advice.

Dear reader:

The apparent reason for the delay in your son's case is that visa availability for the F-1 category for unmarried adult sons and daughters of U.S. citizens for the month of November 2012, is only up to November 1, 2005, for most of the world including China. Your son will have to wait until the availability date moves to your son's priority date of July 20, 2006, before he can be scheduled for an immigrant visa appointment in Guangzhou.  From November to July is approximately nine months, and checking from past visa chart performance, that has been the amount of time that it has taken to move nine months in visa availability time for this category recently.  Unfortunately that also means you and your son will likely have to redo much of the documentation such as police clearance certificates, certification that he is not married, and financial support papers, etc., as they have a one-year expiration date. Regardless of your understanding of your conversation with Immigration, I assume that your I-130 file is presently at the National Visa Center (NVC) of the Department of State.  The NVC can be likened to a halfway house between U.S.C.I.S. and the consular post that will conduct the immigrant visa interview.  It houses approved petitions sent for consular processing until close to the time of visa availability.  To check the status, you can call the NVC at (603) 334-0700 or write to it at

National Visa Center
32 Rochester Avenue
Portsmouth, New Hampshire 03801-2909

Copyright © 2003-2013 Alan Lee, Esq.
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.