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: My mom is a green card holder. She is 73. She has been a resident since 2002. Does she have to be able to read and write English in order to apply for US citizenship? She cannot read or write even in her native language.
ANSWER: As a general rule, applicants for US citizenship through naturalization must be able to demonstrate a basic ability to read, write and understand English. Applicants for naturalization must also be able to pass a civics exam in English, where the person is asked questions about US history and government.
There are some limited exceptions to these requirements:
Age Exception: The ability to read and write English is waived for 1) someone who is over 50 years old and has lived in the US as a Permanent Resident for at least 20 years or 2) someone who is over 55 and has lived in the US as a Permanent Resident for at least 15 years. These applicants do not have to be able to read or write English. They still have to pass the civics exam, but the exam can be given in their native language.
Someone who is over 65 and has been living in the US as a Permanent Resident for at least 20 years is eligible to take an easier version of the civics exam, where they are only asked 10 questions from a list of 25 questions (the normal civics exam is 10 questions out of 100 available questions).
Medical Waiver: Someone who has a physical, developmental, or mental disability or impairment that causes the person to be unable to learn English or to learn the information necessary to pass the civics exam can receive a waiver from the English or civics exam requirement. However it is not easy to obtain such a waiver due to the very strict requirements for such a waiver. An experienced immigration lawyer should be retained to assist in the preparation of such a waiver.
So in the situation presented by the author of this question, his mother would not be eligible for an age-based exception. Although she is over 55, she has not been a US Permanent Resident for more than 15 years. She is also not eligible for the easier version of the civics exam, since she has not been a US Permanent Resident for more than 20 years.
So she must be able to speak, read and write in English and take the civics examination unless she has a medical or psychological disability that makes her unable to learn English or unable to learn the information needed for the civics exam. The fact that she is illiterate in her own language does not remove these requirements, unless there is a medical reason for her illiteracy.
2) QUESTION: I have my 2-year conditional Green Card based on marriage. It has been 6 months since we married. Unfortunately, my wife has been very abusive in the relationship and has been threatening me constantly with divorce knowing full well that I am dependent on her for my Green Card. But, now that I have received the conditional Green Card, do I have to stay in this relationship anymore? If I do decide to divorce her will I lose my conditional Green Card? Am I at least safe until the end of the 2 years when my card expires?
ANSWER: Someone who receives a green card based upon a marriage to a US citizen or US permanent resident, and the marriage was less than two years old at the time the person was granted permanent resident status, they will receive a 2-year Conditional Permanent Residence. This means that the green card will be valid for only two years.
If the couple remains together, then they must jointly file an application to have the condition removed. They will file this application during the 90 days prior to the expiration date on the green card.
But there is no requirement to stay in a difficult marriage. If the couple files for divorce before the two years are up, the green card holder can still file to have the condition removed from their green card. They will file the application to remove the condition from their card as soon as the divorce is finalized, even if it is more than 90 days before their card expires. They will be required to provide proof that the marriage was real and that they did not marry just to get the green card. Alternatively, if the person was abused by their US citizen or permanent resident spouse, they can apply to have the condition removed even before their divorce is finalized, but they will need to show that the marriage was real and not entered into to get their green card and they will also have to prove that they were abused.
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.