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English-language requirement, Executive action, and EB2

By Humera Subhani Email By Humera Subhani
October 2014
English-language requirement, Executive action, and EB2

Q: When can those who are elderly and cannot speak English well take the naturalization test without the English requirement?
A:
According to the USCIS, the following guidelines apply to applicants in your position:

English Language Exemptions
You are exempt from the English language requirement, but are still required to take the Civics Test if you are:
Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (green card holder) in the United States for 20 years (commonly referred to as the “50/20” exception).
OR
Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the “55/15” exception).
Note:
• Even if you qualify for the “50/20” or “55/15” English language exceptions listed above, you must still take the civics test.
• You may be permitted to take the civics test in your native language, but only if your understanding of spoken English is insufficient to conduct a valid examination in English.
• If you take the test in your native language, you must bring an interpreter with you to your interview.
• Your interpreter must be fluent in both English and your native language.
• If you are age 65 or older and have been a permanent resident for at least 20 years at the time of filing for naturalization, you will be given special consideration regarding the civics requirement.

Assuring passage of executive action in 2014
According to Fox News.com, White House Press Secretary Josh Earnest reconfirmed to reporters on September 12, 2014, that President Obama will make an announcement and take executive action on illegal immigration by the end of the year. Earnest also said President Obama has been working with Attorney General Eric Holder at the Justice Department and Homeland Security Secretary Jeh Johnson "for months" to form decisions about what action to take on the issue. He has also been taking suggestions from outside groups.

The week before, the White House announced President Obama will delay executive action on illegal immigration until after the 2014 midterm elections in an effort to save vulnerable Democrats from voters. Obama had originally promised to use executive action on the issue by the end of the summer. Khabar will keep readers informed as more details become available.

High demand for EB2
The October 2014 Visa Bulletin was much anticipated, as this is the first visa bulletin of fiscal year 2015 (FY15). There were no big surprises and the employment-based, second preference (EB2) cutoff date for Indian nationals is unchanged, at May 1, 2009. Some other EB categories saw priority dates make modest gains. The Department of State predicts that India, due to high demand in the EB2 category, may retrogress in the November bulletin. Therefore, any Indian national eligible at this time should file before October 31st or risk missing this opportunity.


VISA PREFERENCE NUMBERS FOR October 2014

 

FAMILY

India

Pakistan/Bangladesh

1st

22May07

22May07

2A

01Feb13

01Feb13

2B

01Nov07

01Nov07

3rd

01Dec03

01Dec03

4th

22Jan02

22Jan02

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

01May09

Current

3rd

15Nov03

01Oct11

Other

15Nov03

01Oct11

4th

Current

Current

5th

Current

Current1B

 


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