N-400 & English Test Exception

[Downloader 199]

Good morning guys, so this is the situation:

 

My mother in law is applying to take the civics part in her native language, she is 75 years old and the 15 years as green card holder anniversary was on December 5 2020, we filled the application online on October 18 taking advantage of the 90 days early filling. She just had her interview and the officer refused to give the test in her native language arguing that she didn't qualify for it. According to her she should have filled after December 5.

 

Is the officer right?

 

Thanks in advance

[Crazy Cat 41,985]

 

Well,  I guess, technically, she had not lived in the US for 15 years when she filed.

https://www.usimmigration.org/articles/citizenship-test-exceptions

English Language Exemptions

Some applicants are exempt from the English language requirements when applying for U.S. Citizenship. If an applicant is over the age of 50, has a valid Green Card, and has lived in the U.S. for 20 years, at the time of the application, he/she is exempt from the English test requirement. However, must still take the civics test. This is commonly called the "50/20" exception. This is also true for applicants over the age of 55, with a valid Green Card, and who have lived in the U.S. for 15 years. Also known as the "55/15" exception. Applicants who fit any of the two profiles may take the civics test in their native language only if they do not understand spoken English well enough to take the exam in English and must bring an interpreter to the interview. Those applicants who are over the age of 65 with at least 20 years of legal permanent residence at the time of filing will be afforded special consideration about the civics requirement.

[Downloader 199]

Yes, but 8 USC 1445 says this, my interpretation is she qualifies the same as  the rest of applicants that file 90 days prior to their requirement. I don't see any exceptions of the 90 days early filling rule.

 

§1445. Application for naturalization; declaration of intention

(a) Evidence and form

An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicant's own handwriting if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicant's naturalization, and required to be proved under this subchapter. In the case of an applicant subject to a requirement of continuous residence under section 1427(a) or 1430(a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.

23 minutes ago, Lucky Cat said:

 

 

Quote

Well,  I guess, technically, she had not lived in the US for 15 years when she filed.

https://www.usimmigration.org/articles/citizenship-test-exceptions

English Language Exemptions

Some applicants are exempt from the English language requirements when applying for U.S. Citizenship. If an applicant is over the age of 50, has a valid Green Card, and has lived in the U.S. for 20 years, at the time of the application, he/she is exempt from the English test requirement. However, must still take the civics test. This is commonly called the "50/20" exception. This is also true for applicants over the age of 55, with a valid Green Card, and who have lived in the U.S. for 15 years. Also known as the "55/15" exception. Applicants who fit any of the two profiles may take the civics test in their native language only if they do not understand spoken English well enough to take the exam in English and must bring an interpreter to the interview. Those applicants who are over the age of 65 with at least 20 years of legal permanent residence at the time of filing will be afforded special consideration about the civics requirement.

 

Edited June 1, 2021 by Downloader

[Dashinka 24,649]

1 hour ago, Downloader said:

Good morning guys, so this is the situation:

 

My mother in law is applying to take the civics part in her native language, she is 75 years old and the 15 years as green card holder anniversary was on December 5 2020, we filled the application online on October 18 taking advantage of the 90 days early filling. She just had her interview and the officer refused to give the test in her native language arguing that she didn't qualify for it. According to her she should have filled after December 5.

 

Is the officer right?

 

Thanks in advance

In this case, the IO may be correct.  You mentioned you took advantage of the 90 early filing rule, but since your MIL has been an LPR for 14+ years at the time of filing, that really does not matter since she could have filed 90 days prior to her 5 year LPR anniversary.  Since she did file the application prior to her 15 year anniversary, it appears she did not meet the 55/15 exception.