New York Daily News

How disabled permanent residents can get citizenshi­p

- ALLAN WERNICK Allan Wernick is an attorney and senior legal adviser to City University of New York’s Citizenshi­p Now! project. Email questions and comments @allanwerni­ck.com. Follow him on Twitter @ awernick

My sister suffers from epilepsy and cannot process or remember much. Can she neverthele­ss become a U.S. citizen? My sister has 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?

Katherine Pimentel, Bronx Your sister can become a U.S. citizen despite her condition. When she files her naturaliza­tion applicatio­n, U.S. Citizenshi­p and Immigratio­n Services form N-400, she should include USCIS form N-648, Medical Certificat­ion for Disability Exceptions. A qualified medical profession­al must sign the form confirming her disability, explaining how it impacts her ability to answer the Civic Knowledge questions.

A law enacted in 1994 makes it easier for disabled permanent residents to become U.S. citizens. Now, a person who is comatose or otherwise nonrespons­ive can become a U.S. citizen with the help of a guardian. USCIS will even make a site visit 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.

I came to the United States on a B-1/B-2 tourist visa. The Customs and Border Protection officer admitted me for six months, but I stayed nine months beyond that. If I marry a U.S. citizen, can I get a green card?

Angie Yes, assuming, of course, it is a bona fide or “real” marriage. Your having overstayed won’t be a problem.

If you marry a U.S. citizen, you can interview here for your green card; the process is called “adjustment of status.” Since you won’t be leaving the United States for your green card interview, the law forgives your being here unlawfully. The law also forgives any unlawful employment.

The right to adjust status, despite lengthy periods of unlawful status, benefits most individual­s who were inspected at entry who are in the Immediate Relative of a U.S. Citizen category. That category includes the spouse, parent and unmarried child under 21 of a U.S. citizen.

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