A LEGAL permanent resident is eligible to apply for citizenship if he or she has been a permanent resident for at least five (5) years and meets all the eligibility requirements. The legal permanent resident may file early if he or she has been a resident for at least three (3) years and has been married to a US citizen for those three (3) years.
Part of the application process is to test the legal permanent resident’s ability to read and write in English. The citizenship applicant will also have to undergo the civics test. However, a legal permanent resident may be exempt from the English language requirement if he or she meets the following requirements:
• The applicant is fifty (50) years or older at the time of filing for naturalization and has lived as a permanent resident in the United State for twenty (20) years or
• The applicant is fifty five (55) years or older at the time of filing for naturalization and has lived as a permanent resident in the United States for fifteen (15) years.
If the applicant meets any of these two requirements, then the US Citizenship and Immigration Services (USCIS) will no longer test the legal permanent resident’s ability to read and write in English. The applicant must still take the civics test. Since the applicant is exempt from the English language requirement, he or she will be permitted to take the test in his or her native language. If the applicant decides to take the civics test in his or her native language, the applicant must bring an interpreter during the interview.
An applicant will be given special consideration regarding the civics test requirement if the applicant is 65 years or older and has been a permanent resident for at least 20 years at the time of the filing of the naturalization application.
With the coming elections and the anti-immigrant positions taken by a number of presidential candidates, it is important that legal permanent residents who have been here in the United States for quite a substantial period of time and are eligible to file for citizenship must now file their citizenship application so that their voices may be heard once they become citizens of the United States.
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Atty. Dennis E. Chua is a partner in The Law Firm of Chua Tinsay and Vega (CTV), a full service law firm with offices in San Francisco, San Diego and Manila. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (415) 495-8088; (619) 955-6277; [email protected]. The CTV Attorneys will be at Max’s Restaurant in Vallejo on October 19, 2009 from 5pm to 7pm to hold a FREE legal clinic.
