§ 2551 : WAIVER OF ENGLISH REQUIREMENT FOR SENIOR NEW AMERICANS

Section 312(8 U.S.C. 1423) is amended by striking subsection (b) and inserting the following:

b.

The requirements under subsection (a) shall not apply to any person who—

1.

is unable to comply with such requirements because of physical or mental disability, including developmental or intellectual disability ; or

2.

on the date on which the person’s application for naturalization is filed under section 334—

A.

is older than 65 years of age; and

B.

has been living in the United States for periods totaling at least 5 years after being lawfully admitted for permanent residence.

c.

The requirement under subsection (a)(1) shall not apply to any person who, on the date on which the person’s application for naturalization is filed under section 334—

1.

is older than 50 years of age and has been living in the United States for periods totaling at least 20 years after being lawfully admitted for permanent residence;

2.

is older than 55 years of age and has been living in the United States for periods totaling at least 15 years after being lawfully admitted for permanent residence; or

3.

is older than 60 years of age and has been living in the United States for periods totaling at least 10 years after being lawfully admitted for permanent residence.

d.

The Secretary of Homeland Security may waive, on a case-by-case basis, the requirement under subsection (a)(2) on behalf of any person who, on the date on which the person’s application for naturalization is filed under section 334—

1.

is older than 60 years of age; and

2.

has been living in the United States for periods totaling at least 10 years after being lawfully admitted for permanent residence.