New York Daily News

Some can duck English test

- ALLAN WERNICK Allan Wernick is an attorney and director of the City University of New York’s Citizenshi­p Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to questio

Is anyone exempt from taking an English language test to become a U.S. citizen?

The law provides three exemptions from the English language requiremen­t for naturaliza­tion.

Those exemptions are for applicants age 50 or over who have been permanent residents for at least 20 years, those at least 55 years old with at least 15 years’ permanent residence, and those who have a mental or physical disability that prevents them from reading, writing, speaking or learning English. Some applicants with mental or physical disabiliti­es are exempt from passing the Civic Knowledge test as well.

Here are answers to some questions about tests and visas. Q Can a person 78 years old be exempted from passing the English language test required for a permanent resident to become a U.S. citizen? A Yes, if the person has been a permanent resident for at least 15 years. Older, longterm residents are exempt from reading, writing and speaking English. A person at least 65 years old, who has been a permanent resident for at least 20 years, takes an easier, shorter version of the Civic Knowledge test of U.S. government and history. Most applicants who qualify for the exemption must take the Civics Knowledge exam, but they can take it in their own language. Q My sister married a U.S. citizen, but after two years of trying to get a visa, she and her husband gave up and divorced. Can my U.S. citizen mother sponsor her? A It depends on why your sister was denied a visa. If marriage fraud was involved, that might bar her from ever getting permanent residence. To get all the details about why her marriage case was denied, it’s best if your sister files a Freedom of Informatio­n Act request using U.S. Citizenshi­p and Immigratio­n Services form G-639. She can get the form and filing instructio­ns at uscis.gov or by calling (800) 870-3676. She can learn how to file an FOIA request online at https://bit.ly/2tdsV8W. FOIA requests take a long time. Your mother may want to file for your sister now to secure her place in line under the visa quota system.

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