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Age-Based Exceptions to Citizenship Interview Exam Requirements

There are two tests that most people have to take at their U.S. citizenship interview—the English language test, and the civics (U.S. history and government) test. Some older people, however, don’t have to take the English language test and can take an easier version of the civics test.

People Who Don’t Need to Take the English Test

U.S. Citizenship and Immigration Services (USCIS) excuses certain older people from taking the English language test, but only if they have been a lawful permanent resident of the United States for a certain amount of time. USCIS recognizes that it’s harder to learn a new language as you get older, and that people who have been in the United States a long time without knowing English have probably found a way to get along just fine by relying on friends and relatives.

So, there are two requirements: age and length of residency.

Let’s start with age. There is no age-based exception for anyone under age 50. But if you’re 50 or older at the time you file your N-400 Application for Naturalization, you’re exempt from the English language requirement if you have lived in the United States for periods totaling at least 20 years after a lawful admission for permanent residence.

It gets easier if you’re 55 or older. Then you must have been living in the United States as a lawful permanent resident (LPR) for just 15 years.

You can also look at the age-based exception starting with the number of years you have been living in the United States as an LPR. There is no age-based exception for anyone who has been an LPR for less than 15 years. But if you’ve been living in the United States as an LPR at least that long, you’re exempt from the English language requirement if you are at least 55 years old. It’s easier if you have been living in the United States as an LPR for at least 20 years. Then you need to be only 50 or older.

People Who Can Take an Easier Civics Test

No one is excused completely from taking the civics test just because they are a certain age or have been living in the United States for a long time. However, USCIS recognizes that as people age, it becomes harder to learn and remember things, and that people who have been U.S. permanent residents for many years probably have a pretty good understanding of U.S. society and how to function within it. So if, at the time of filing the N-400, you are 65 years of age or older and have been living in the United States for periods totaling at least 20 years after a lawful admission for permanent residence, you qualify for an easier civics test.

First, because anyone who qualifies for the easier civics test will also qualify for an exemption from the English language test, you can request that USCIS allow you to take the civics test in whatever language you choose, using an interpreter. More importantly, the test is easier. That’s because instead of having to study for 100 possible questions like everyone else, you only have to study for 20 questions. However, you still have to correctly answer six out of ten questions given to you.

If You Don’t Qualify

If you don’t qualify for an age-based exception to the citizenship tests, your age still might make it easier for you to become a citizen. Although old age itself doesn’t qualify you for a medical disability exception to the interview tests, it might play a role in some sort of disability or impairment that qualifies you for an exception. (See Disability-Based Exceptions to Citizenship Interview Exam Requirements.)

If you must take the usual civics test, the USCIS officer will take your age into consideration when choosing questions, phrasing questions to you, and evaluating your responses.

From Lawyers  By Richard Link, Attorney

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