Are you above the age of 50 and concerned about passing the U.S. citizenship exam? Check to see whether a waiver will let you avoid all or any of it.
It might be difficult to learn a new language or remember factual stuff as one grows older. As a result, U.S. immigration law (I.N.A. 312) enables elder naturalization (U.S. citizenship) candidates to request simpler versions of the English and civics examinations than are required of other applicants. Here are the specifics.
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“65/20” Civics Test Exception for Elder Applicants
Green card holders 65 and older who have been permanent residents in the United States for at least 20 years (not necessarily continuously) may take an easier version of the history and government (civics) test needed of naturalization candidates. This is generally known as the “65/20 exemption.”
A person in this group will only have to study 20 questions, as opposed to the significantly lengthier (100-question) list that other candidates confront. The candidate will be offered 10 of the twenty questions and must properly answer six of them in order to pass.
These questions and alternative methods of study may be found on the Study Materials for the Civics Test page of the United States Citizenship and Immigration Services (USCIS) website. (USCIS also offers similar questions in other languages.) You may see the whole list of questions on this page, but you must identify the ones with a star or asterisk (*) next to them as the only ones that can be asked of someone who qualifies for the 65/20 exemption. Alternatively, this document contains just the questions for 65/20 candidates.
Exceptions for Advanced Age English Requirements “50/20” and “55/15”
Most candidates must demonstrate their ability to speak, read, and write in English in order to become a naturalized U.S. citizen. These English abilities will be assessed at the citizenship interview. The USCIS official conducting the interview will generally talk to the applicant in English and observe how effectively the applicant answers questions and reacts to directions. The officer will also ask the applicant to read out a brief passage of literature and draft a statement that the officer will pronounce aloud (dictates).
Two different laws, however, enable elderly persons to circumvent the English requirement totally and instead have the interview conducted with the assistance of a foreign language translator. You will still need to take the civics test (or the shorter version if you also qualify for the 65/20 exemption), but you will be allowed to do it in your original language with the assistance of an interpreter.
If you are 50 or older and have been a green card holder (permanent resident) in the United States for at least 20 years, you may have the citizenship interview done in your mother language. This is widely known as the “50/20” waiver. These 20 years of permanent residency do not have to be consecutive. It is OK if you have spent small periods of time outside the United States (fewer than six months at a time, to be safe), as long as your total time in the United States exceeds 20 years.
The second rule is referred to as the “55/15” waiver. It states that if you are 55 or older and have been a green card holder in the United States for at least 15 years, you may have the citizenship interview and test done in your mother language. Again, the 15 years do not have to be consecutive.
How to Apply for an English Language Exemption
Although you may seek the civics exemption during the interview, if you need an age-related English-language exception, you can and should notify USCIS in advance. Otherwise, the USCIS interviewer may get irritated while attempting to communicate with you in English. Fortunately, notifying USCIS is as easy as checking the proper box on the citizenship application form N-400 (Part 2, Question 13 on the version of the form that expires on September 30, 2022).
If you want to seek an English-language exemption, you must bring an interpreter to the interview. Rather than a hired professional, this may be a friend or family. However, be certain that the individual is actually proficient in both your native language and English. Interpreting is more difficult than it seems, and if the interpreter creates confusion, your citizenship may be revoked. (Learn more about the regulations to follow when bringing someone to an immigration interview to translate between English and your native language.)