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?
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
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.
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