It is important to understand your right to obtain a testing or interview waiver and to appeal unfavorable immigration decisions. Speak to a waivers and appeals lawyer in Dutchess County, Ulster County, and Orange County about your options in your immigration case.
Types of Waivers
Testing and interview waivers are available to help older applicants qualify for citizenship:
- Applications who are aged 50 or older can be interviewed in their native language if they have lived in the U.S. as a lawful permanent resident for at least 20 years. This is commonly referred to as the “50/20 Rule”.
- Applicants who are aged 55 and older can take the citizenship exam and be interviewed in their native language if they have lived in the United States as a lawful permanent resident for at least 15 years. This is commonly referred to as the “55/15” rule.
- Applicants who are aged 65 or older and have lived in the U.S. as a lawful permanent resident for 20 years or more can take an easier version of the civics examination. This is commonly referred to as the “65/20” rule.
Grounds for Appeals
Certain immigration decisions can be appealed to the Board of Immigration Appeals. This is an office within the Department of Justice that determines whether the action was appropriate. There are many possible grounds for appealing an immigration decision:
- The decision violated existing immigration or human rights laws.
- The decision constitutes unlawful discrimination.
- The judge made an error in law.
- The facts introduced into evidence do not support the judge’s decision.
There are many different grounds for appeal that might be available to you. These depend upon the unique facts of your situation, so it is important to consult with an immigration lawyer about your particular circumstances.
An Experienced Immigration Lawyer for All Waivers and Appeals in Dutchess County, Ulster County, and Orange County
Nicklaus Misiti is a New York waivers and appeals attorney with extensive experience in immigration matters of all types. He serves clients in Dutchess County, Ulster County, and Orange County. Contact us online or call 845.926.1177 to schedule your consultation with one of New York’s leading immigration lawyers.