Sec. 602. Administration of tests for naturalization; fulfillment by elderly persons of requirement for naturalization relating to knowledge of English language
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Subsection
(a)of section 312 of the Immigration and Nationality Act ( 8 U.S.C. 1423 ) is amended to read as follows: Except as otherwise provided in this title, a person may not be naturalized as a citizen of the United States upon the application of such person if such person cannot demonstrate the following: An understanding of the English language, including an ability to read, write, and speak words in the ordinary usage in the English language. A knowledge and understanding of— the fundamentals of the history of the United States; and the principles and form of government of the United States. The Secretary of Homeland Security, in administering any test that the Secretary uses to determine whether an applicant for naturalization as a citizen of the United States has the proficiency and knowledge sufficient to meet the requirements of paragraph (1), shall administer such test uniformly throughout the United States, including the application of the criteria set forth in subparagraph (B). In selecting and phrasing items in the administration of a test described in subparagraph
(A)and in evaluating the performance of an applicant on such test, the Secretary shall consider the following: The age of the applicant. The education level of the applicant. The amount of time the applicant has resided in the United States. The efforts made by the applicant, and the opportunities available to the applicant, to acquire the knowledge and proficiencies required by paragraph (1). Such other factors as the Secretary considers appropriate. The requirement in paragraph (1)(A) shall be satisfactorily met if an applicant can— speak words in ordinary usage in the English language; and read or write simple words and phrases in ordinary usage in the English language. The Secretary may not impose any extraordinary or unreasonable condition on any applicant seeking to meet the requirements of paragraph (1). . Subsection
(b)of such section is amended— in paragraph (1), by striking subsection
(a)and inserting subsection (a)(1) ; by amending paragraph
(2)to read as follows: The requirement of subsection (a)(1)(A) shall not apply to any person who, on the date of the filing of the person’s application for naturalization as provided in section 334— is over 50 years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence, is over 55 years of age and has been living in the United States for periods totaling at least 15 years subsequent to a lawful admission for permanent residence; or is over 60 years of age and has been living in the United States for periods totaling at least 5 years subsequent to a lawful admission for permanent residence. .
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Sec. 602
Administration of tests for naturalization; fulfillment by elderly persons of requirement for naturalization relating to knowledge of English language
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