Sacramento, CA asked in Immigration Law for California

Q: Is a naturalization applicant exempt from the U.S. civic and history if he passed this test at his amnesty interview?

Applicant qualified under the 245(a) amnesty program (continuous residency since prior to 01/01/1982) and took the U.S. civics and history test at the time of the interview (adjusting from temporary to permanent residency)in order to satisfy this requirement for future naturalization benefit. USCIS stated they needed to see the regulation or citation for this satisfaction of the test requirement. What can be submitted?

Related Topics:
2 Lawyer Answers
Gus M. Shihab Esq
Gus M. Shihab Esq
Answered
  • Immigration Law Lawyer
  • Columbus, OH

A: Dear Sir/Madam,

Believe it or not; this is a very complex question though it may look to be an easy one. But I did the research for you! The provisions regarding the test are included in 8 CFR PART 245a—ADJUSTMENT OF STATUS TO THAT OF PERSONS ADMITTED FOR LAWFUL TEMPORARY OR PERMANENT RESIDENT STATUS UNDER SECTION 245A OF THE IMMIGRATION AND NATIONALITY ACT. You can find a link to this regulation here: http://law.justia.com/us/cfr/title08/8-1.0.1.2.38.html#8:1.0.1.2.38.1. You may want to copy this link and paste it in your Internet browser.

Based on my research, I do not believe that passing the English/Citizenship examination would absolve you from the same requirement when you are applying for naturalization. Even though the examination is entitled English/Citizenship proficiency examination, the regulation state that this requirement could be met by showing that the applicant possessed GED certificate or other educational attainment included in the regulations. On that basis, I conclude that this requirement has nothing to do with English language, History and Government examination required for the naturalization process.

I hope this helps.

Gus M. Shihab

www.ShihabImmigrationFirm.com

Joshua L. Goldstein
Joshua L. Goldstein
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: In my opinion, you wouldn't ordinarily be exempt from the civics and history examination requirement just because your got your green card through legalization.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.