15 years in States, citizenship?

[minu329]

Hello,

My mother is over 55 years old, been in united states for 15 years. She doesn't speak, read or write english. I have read somewhere that if you are over 55, been in U.S for 15 years, USCIS can waive your english exam. My problem is that my mother completed 15 years but with a time gap. She was out of the country for 9 months within 15 years.

Question is: how long I should wait for now to file the form? Since it was over 6 months of a gap, she have to wait another 15 years to waive the exam? Or how does it go? Any help is appreciated.

Thank you.

[Klame1983]

According to the uscis website: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=12e596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=96719c7755cb9010VgnVCM10000045f3d6a1 RCRD

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months

It seems that your mother is eligible to apply for naturalization now. She does not have to wait another 15 yrs.

And in regards to the language, this is what it states:

Language
Applicants for naturalization must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing:

have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 15 years or more and are over 55 years of age;
have been residing in the United States subsequent to a lawful admission for permanent residence for periods totaling 20 years or more and are over 50 years of age; or
have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn English.

Hope this helps!

[minu329]

Thanks Klame.

My mom went to India in Nov. 2006 and came back in Aug. 2007 so that takes a chance away from 5 years continue residence.

I'm confused about 30 months. 30 months prior to 5 years continue residence? She went to india in 2002 as well but only stayed there for 3 months. Also in 1998, only stayed for 1 month. 2006 to 2007 was the longest absence.

How long now I should wait? She doesn't have completed 5 years straight prior to today..if I do the filing. So wait another 5 years? This is very confusing. I appreciate your reply.

[JMRJ]

My mom went to India in Nov. 2006 and came back in Aug. 2007 so that takes a chance away from 5 years continue residence.



Thank goodness it's not 1 year. Being her away from the U.S. for more than 6 months and less than one year will not automatically disqualify her for naturalization. She still has a chance. She needs to demonstrate that she maintained her ties to the U.S. while she was in India. She needs to submit evidence of this ties such as her federal tax returns for the last five years, rent or mortgage payments, pay stubs or employment letters, evidence of child support payments and any other evidence to support her continuous residency.


I'm confused about 30 months. 30 months prior to 5 years continue residence? She went to india in 2002 as well but only stayed there for 3 months. Also in 1998, only stayed for 1 month. 2006 to 2007 was the longest absence

"has been physically present in the United States for at least 30 months out of the previous five years."

Physical presence is determined at how much total time she has spent in and out of the United States. Your mother spent more than 30 months in the U.S.

how long I should wait for now to file the form? Since it was over 6 months of a gap, she have to wait another 15 years to waive the exam? Or how does it go?

No, she does not need to wait for 15 years to waive the exam. If she has the evidence of her continued ties to the U.S. while she was on her 9 month trip to India, she can apply now and she will be considered as a U.S.permanent resident for 15 years which will exempt her from the English language test.