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 am married to a Filipino woman (2012) who had a child with a US serviceman. They were never married and he has since died. The child is 6 years old now and is living with his Filipino grandmother. We have his Filipino passport and his visa was recently approved after a 1.5 year wait. My wife flew to the Philippines to get him. Now the US Embassy refuses to release his visa claiming we need to fill out a CRBA! Why do they tell us this now? I don’t think they have the legal right to require this document in order for him to travel to the USA. Ridiculous since he becomes a US citizen once he comes to the USA, right?
ANSWER: The problem is that US citizens don’t need visas, and therefore are not eligible for them. The Consulate believes that your step-son is a US citizen, and they are probably right (I can’t say for sure without knowing more about his family’s history). So, while it MIGHT be possible to convince the consulate to grant the visa, if he is a citizen, it will probably be quicker to obtain a US passport for him.
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.