In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
1) QUESTION: When I apply for naturalization, to become a US citizen, can I get a waiver of the requirement to read and write English based on the fact that I am unable to read and write in my native language?
ANSWER: The requirement to read and write English can only be waived if either:
- a) the application is over 55 and has lived in the US for 15 years after becoming a US Permanent Resident (green card holder);
- b) the applicant is over 50 and has lived in the US for 20 years after becoming a US Permanent Resident;
OR
- c) the applicant’s inability to learn to read and write in English is caused by a physical or developmental disability, or a mental impairment, which would qualify the person for an N-648 waiver.
Unfortunately, the fact that the applicant is illiterate in their native language is not, by itself, a reason for USCIS to waive the requirement to be able to read and write in English for the application for naturalization.
2) QUESTION: I signed an I-864 Affidavit of Support when my wife became a Permanent Resident. She has since signed up for ObamaCare. I was told that if she gets government assistance, the government can sue me. Should I be worried about this?
ANSWER: You do not have to worry. The I-864 only allows the government to seek repayment for means-tested public benefits that the sponsored permanent resident receives. means-tested public benefits means those public benefits that are available based upon the applicant’s financial means. Some examples are food stamps, supplemental security income (SSI), Medicaid, Temporary Assistance for Needy Families (TANF), and State Child Health Insurance Program (CHIP). Emergency medical assistance, such as emergency Medicaid, is not considered a means-tested public benefit. Most pay-in insurance programs, including Obamacare, or the Affordable Care Act (ACA), are not considered means-tested public benefits. Lawful Permanent Residents (LPRs, or green card holders) are eligible to enroll in the ACA program.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.