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Denial of a Citizenship Petition After Failing an English Test

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  • 01-20-2016, 07:11 PM
    jon84dwk
    Denial of a Citizenship Petition After Failing an English Test
    I am asking question on behalf of my mom as today she was denied citizenship because she did not pass (according to USCIS officer) understanding english test. During her first try (few month ago) she passed writing and reading test but she could not clear the understanding english test. The interviewer allowed me to sit in the interview to so he told me to explain my mom that she will get second chance and asked us to study only questions from part 13 of N400 form. During that time she lost her brother (my maternal uncle) and so she had to reschedule the interview. So fast forward today was her second chance and this time it was new interviewing officer. She asked my mom lot of personal questions pertaining to my maternal uncles death and my mom is not a good in english and she barely prepared the part 13 of N 400. But when she was questioned over and over her brothers death she started crying reminding of her brother and interviewer said that she cannot grant her citizenship as she does not understand english very well. When i was called inside i was explained by the new interviewer what happened and i gave her the name of previous interviewer from same office saying that he asked my mom to prepare only part 13 of N 400. At this, the interviewer got offended and said that i am trying to teach her how to interview her mom and she cannot do that. So i tried to explain her that there is clearly miscommunication as the first interviewer asked us to prepare only part 13 of N 400 and yet she went on and on asking my mom about her brothers death (kind of personal). So i requested to speak with supervisor explaining him about the harsh decision that was made without even questioning my mom any interview related questions. At this, the supervisor said that only option i have is to appeal and i can write a cover letter of what happened but the decision cannot be reversed. I want to know what are our chances to win this appeal ? If we win the appeal, does my mom get another chances to be re-interviewed ? I would sincerely appreciate if someone can provide me with some advice.
  • 01-20-2016, 07:25 PM
    Dogmatique
    Re: U.S. Citizenship Interview Problems with USCIS Officer
    Jon, I'm a little confused by your narrative.

    You said
    Quote:

    The interviewer allowed me to sit in the interview to so he told me to explain my mom that she will get second chance and asked us to study only questions from part 13 of N400 form
    But then

    Quote:

    She asked my mom lot of personal questions pertaining to my maternal uncles death and my mom is not a good in english and she barely prepared the part 13 of N 400.
    Are you saying that your Mom, because of the stress, did prepare for that part as much as she could and wasn't expecting to answer other questions from the agent? Or that she didn't prepare at all?
  • 01-20-2016, 07:30 PM
    llworking
    Re: U.S. Citizenship Interview Problems with USCIS Officer
    Perhaps it would be helpful for your mother to enroll in a class for English as a second language, and for you and the rest of your family to communicate with her only in English, so that she can actually learn the language instead of just prepping for questions.

    Then she could re-apply for citizenship later on down the road when she can truly speak the language.
  • 01-20-2016, 07:59 PM
    jon84dwk
    Re: U.S. Citizenship Interview Problems with USCIS Officer
    Sir my mom prepared questions from part 13 only because that's what we were told. This is what i was trying to bring up to the supervisor that how come the first interviewer asked us to prepare part 13 only ? I mentioned the name of that person but supervisor was reluctant to bring that person in front of me.
  • 01-21-2016, 10:32 AM
    T53147
    Re: U.S. Citizenship Interview Problems with USCIS Officer
    Your mother was ill prepared for her interview. Quit whining and enroll her in ESL classes. You are not doing her any favors. You are a poor representative of an American citizen by expecting your mother to be granted citizenship when she has been deemed unqualified.

    I suggest that you look for a social service agency that assists immigrants and locate an ESL class near you. Check with the local community college. Since you say she can read English and has trouble with spoken language, a conversational class is best. Also, have her listen to Sesame Street and other children's programs that integrate the written and spoken language. These suggestions will benefit her more than you spending time blaming others for her failures.
  • 01-21-2016, 01:55 PM
    jon84dwk
    Re: U.S. Citizenship Interview Problems with USCIS Officer
    Quote:

    Quoting T53147
    View Post
    Your mother was ill prepared for her interview. Quit whining and enroll her in ESL classes. You are not doing her any favors. You are a poor representative of an American citizen by expecting your mother to be granted citizenship when she has been deemed unqualified.

    I suggest that you look for a social service agency that assists immigrants and locate an ESL class near you. Check with the local community college. Since you say she can read English and has trouble with spoken language, a conversational class is best. Also, have her listen to Sesame Street and other children's programs that integrate the written and spoken language. These suggestions will benefit her more than you spending time blaming others for her failures.

    Sir i appreciate your advice and perhaps the option of community college will work well for her. Can you please stop calling me poor representative of U.S. Citizen and other things. It is not necessary that english should be first language for everyone.
  • 01-21-2016, 02:26 PM
    Dogmatique
    Re: U.S. Citizenship Interview Problems with USCIS Officer
    Quote:

    Quoting jon84dwk
    View Post
    Sir i appreciate your advice and perhaps the option of community college will work well for her. Can you please stop calling me poor representative of U.S. Citizen and other things. It is not necessary that english should be first language for everyone.

    That's not actually what T said. I'll reword as best I can.

    "A US citizen should be aghast at the idea of someone getting a "pass" when Immigration has already said she does not qualify".

    (Sorry, T - not speaking for you, of course :) )
  • 01-21-2016, 02:36 PM
    llworking
    Re: U.S. Citizenship Interview Problems with USCIS Officer
    Quote:

    Quoting jon84dwk
    View Post
    Sir i appreciate your advice and perhaps the option of community college will work well for her. Can you please stop calling me poor representative of U.S. Citizen and other things. It is not necessary that english should be first language for everyone.

    No, it is not necessary for English to be everyone's first language, but if you want to become a US citizen, you must speak the language well enough to pass the interview. Your mother does not. The best way to learn any language is to be immersed in that language with little opportunity to speak your primary language. That is why it would be best for your mother for all of you to converse with her only in English.
  • 01-21-2016, 03:26 PM
    jk
    Re: U.S. Citizenship Interview Problems with USCIS Officer
    I've never dealt with this but it appears the uscis puts a lot of value in the requirement. Here is their page on the tests along with a lot of material to help the person become adequate in the language.

    http://www.uscis.gov/citizenship/lea...s-english-test


    The fact it appears one interviewer was attempting to aid in cheating on the test doesn't make the next interviewer that would not play that game a bad person. Just the opposite.
  • 01-22-2016, 09:08 AM
    T53147
    Re: U.S. Citizenship Interview Problems with USCIS Officer
    Quote:

    Quoting Dogmatique
    View Post
    That's not actually what T said. I'll reword as best I can.

    "A US citizen should be aghast at the idea of someone getting a "pass" when Immigration has already said she does not qualify".

    (Sorry, T - not speaking for you, of course :) )


    Thank you for restating my idea.

    OP, If your mother is able to converse in English, so many opportunities open for her. If she wanted to function in her home language and culture, she should have remained there. While it would be nice if native American citizens were bilingual, that is not the case. Many are illiterate in Engligh; there is no way they could manage another language.


    FWIW, members of my family are able to manage in at least a basic level in Russian, Spanish, French, , UK English, and Latin. I doubt your mother speaks any of these.
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