A pathway for ailing sister
QMy sister suffers from epilepsy and cannot process or remember much. She applied for U.S. citizenship once, but failed the exam because she couldn’t answer the questions about U.S. history and government. She was traumatized and hasn’t gone back. What are her options? Can she nevertheless become a U.S. citizen?
Katherine Pimentel, Bronx
AYour sister can become a U.S. citizen despite her condition. A law enacted in 1994 makes it easier for disabled permanent residents to become
U.S. citizens. When she files her naturalization application (U.S. Citi- zenship and Immigration Services form N-400) she should include USCIS form N-648—Medical Certification for Disability Exceptions. The form must be signed by a medical professional confirming her disability and explaining how it impacts her ability to answer the civic knowledge questions.
With current laws, even a person who is comatose or otherwise non-responsive can become a U.S. citizen with the help of a guardian. USCIS will even make site visits to examine individuals whose disability makes them unable to attend a naturalization interview. With proper documentation, I’m confident your sister can become a U.S. citizen. If your sister can attend her naturalization interview but you think she needs you or another relative to attend with her, you can ask USICS for that accommodation.
QUSCIS denied my I-130—Petition for Alien Relative. I filed an appeal over four months ago and I still haven’t heard from USCIS. Should I wait or file a new form?
AName withheld
When USCIS denies a relative petition, filing an appeal versus filing a new petition makes sense in two situations. The first is if the petition is in a family preference category with a backlog. That means where there is a wait for the relative to get to the front of the line in his or her category. Then, filing an appeal preserves the applicant’s place in line, which is called their “priority date.” The other reason for a denial is when USCIS turned down the petition because of a legal issue as opposed to having failed to file sufficient documentation to win the case.
Wernick is an attorney and director of the City University of New York’s Citizenship Now! project.