24 August 2007
CELLA & ASSOCIATES WINS NATURALIZATION DISABILTY WAIVER

NATURALIZATION APPLICANT EXEMPTED FROM ENGLISH, HISTORY AND CIVICS REQUIREMENTS

Apart from good moral character, physical residency and lawful permanent residence for a certain period of time, in order to Naturalize one must show basic knowledge of US history and civics, as well as a basic understanding of written and spoken English.

However, if a person has had a green card for at least 20 years and is at least 50 years of age, or has had a green card for at least 15 years and is at least 55 years of age, the English requirement may be waived, although knowledge of US history and civics cannot.

Alternatively, INA Section 312 provides for an exception for both the English, and History and Civics requirements of Naturalization. To qualify, an applicant must establish that he or she has a physical or mental abnormality that has impaired his or her functioning so severely that he or she is unable to learn or demonstrate knowledge of English and/or US history and civics. However, due to a tremendous possibility of fraud, immigration officers tend to be extremely strict in their adjudications of such cases.
Apart from good moral character, physical residency, lawful permanent residence for a certain period of time, in order to Naturalize one must show basic knowledge of US history and civics, as well as a basic understanding of written and spoken English.

However, if a person has had a green card for at least 20 years and is at least 50 years of age, or has had a green card for at least 15 years and is at least 55 years of age, the English requirement may be waived, although knowledge of US history and civics cannot.

Alternatively, INA Section 312 provides for an exception for both the English, and History and Civics requirements of Naturalization. To qualify, an applicant must establish that he or she has a physical or mental abnormality that has impaired his or her functioning so severely that he or she is unable to learn or demonstrate knowledge of English and/or US history and civics. However, due to a tremendous possibility of submission of fraudulent waiver applications, immigration officers tend to be extremely strict in their adjudications of such cases.

In the case at hand, an older husband and wife applied for naturalization, with the man seeking a waiver. At the conclusion of their examination, the wife was approved, but the officer indicated his intent to deny the waiver application of the husband, despite the fact that he had experienced a stroke several years earlier and that his doctor had provided the requisite information. The officer eventually agreed to conduct a second interview, and required more medical evidence.

At that point, Cella & Associates attorney Cecilia Rodriguez (Cliffside Park Office), processed the case, prepared the couple and represented the man at his second interview. During case preparation, attorney Rodriguez secured and reviewed the individuals complete medical file, requested appropriate medical reports from the responsible physician(s), researched the appropriate burdens of proof, and the standard of review applicable to these cases. Prior to the interview Ms. Rodriguez prepared a letter (which was accompanied with supporting documentation)on behalf of the client which detailed the client’s medical history, current medical condition and profound desires to become a United States citizen.

After a lengthy examination and debate, the requested exception was granted and the gentleman naturalized to US Citzen. Cella & Associates is proud to have been able to assist the gentleman in realizing his lifelong dream of becoming a United States citizen!

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