Citizenship Test Waiver and Applying With a Record | Tingen Law

If you're worried about your record

USCIS looks at whether you've had "good moral character," mostly during the five years before you apply, or three if you're applying through marriage. Your record usually falls into one of three groups:

• Permanent bars. A few serious crimes, like murder or what immigration law calls an "aggravated felony," can block citizenship for good.
• Recent problems. Some offenses only count if they happened during your five-year window. Waiting can sometimes solve them.
• Judgment calls. Many things, like a single old DUI, a dismissed charge or a traffic case, depend on the details and how they're explained.

Why talk to a lawyer before you file. Your application puts your whole file in front of an officer. If something in your record could make you deportable, applying can start that process. You also have to disclose every arrest, even ones that were dismissed, sealed or expunged. Leaving one out is often worse than the arrest itself.

If you're worried about the English test

You may not have to take it in English at all:

• 50/20: you're 50 or older and have had your green card for 20 years.
• 55/15: you're 55 or older and have had your green card for 15 years.

If either applies, you take the civics test in your own language with an interpreter. At 65 with 20 years as a resident, you also get a shorter civics study list.

If a physical or developmental disability or a mental impairment makes learning English or civics impossible, your doctor can fill out Form N-648 to request a citizenship test waiver for one or both tests. Your doctor's explanation matters more than any checkbox, and we help you get it right.

The path

1. Get your court records for every arrest or charge, even old or dismissed ones.
2. We review your record and your dates before anything is filed.
3. We tell you honestly: file now, wait, or don't file.
4. You file Form N-400 with the right documents, an N-648 or an explanation of your record.
5. We prepare you for the interview, in Spanish if that's easier.

Key facts

• Forms: N-400, plus N-648 for a medical waiver
• Government fee: $710 online or $760 on paper. The N-648 has no separate fee.

What complicates it

1. A charge that was dismissed or expunged. It still has to be disclosed, with the court record that shows how it ended. Can I lose my citizenship after naturalization?
2. A DUI or drug charge. These are judged on the details: when it happened, how many there were and what the sentence was. Can a DUI affect my green card application?
3. A doctor who's never filled out an N-648. Vague forms get rejected. We give your doctor clear guidance on what USCIS needs to see.