English generally required for citizenship
My wife is an immigrant in her early 30s, but she can’t read or write. Can she get U.S. citizenship? Name withheld, King, Mo. Your wife can naturalize only if she can prove that she cannot learn to read and write English because of a physical or mental disability. Otherwise, she must wait until she turns 50 to get U.S. citizenship.
The law provides three exemptions from the English language requirement for naturalization.
The exemptions are for applicants age 50 or over who have been permanent residents for at least 20 years, those at least age 55 with at least 15 years permanent residence and for those who have a mental or physical disability that prevents them from learning English. If your wife’s inability to learn English is because of a disability, she must file U.S. Citizenship and Immigration Services form N-648, Medical Certification for Disability Exceptions with her naturalization application. A qualified medical professional must sign the form confirming her disability, explaining how it impacts her ability to learn English. The medical professional must identify a specific physical or mental disability — “she can’t learn English” won’t convince USCIS.
A U.S. citizen adopted me before I turned 18. Can I get automatic citizenship through my adoptive parent? I came to the United States in 1992 when I was 8 years old. If so, can I still claim my citizenship though I’m already age 36?
Nelson, the Bronx You are a U.S. citizen if you became a permanent resident before turning 18. The fact that you have not yet applied for a Certificate of Citizenship or U.S. passport is irrelevant. You became a U.S. citizen under the Child Citizenship Act, enacted on Feb, 27, 2001. Under the act, children of U.S. citizens derive automatic citizenship from a parent if they get permanent residency before age 18. If the child’s adoptive parent is a permanent resident, the adoptive parent must become a U.S. citizen before the child turns 18. If you want proof of citizenship, you can get a U.S. passport or a Certificate of Citizenship, or both. Getting a passport is quicker and less expensive.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to questions@allanwernick.com. Follow him on Twitter @awernick.