Overcoming a Language Barrier to Citizenship
Excerpts of comments submitted today to USCIS re barriers to naturalization:
According to 8 CFR Section 312.1 (Literacy requirements for naturalization), an applicant for naturalization should be able to “demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language.”
The ability to speak English is further defined as follows:
Literacy examination — (1) Verbal skills. The ability of an applicant to speak English will be determined by a designated immigration officer from the applicant’s answers to questions normally asked in the course of the examination.”
And in Policy Manual Volume 12, Part E, Chapter 2 (English and Civics Testing), Part D (English Portion of the Test), it is further clarified that “A naturalization applicant must only demonstrate an ability to read, write, speak, and understand words in ordinary usage. Ordinary usage means comprehensible and pertinent communication through simple vocabulary and grammar, which may include noticeable errors in pronouncing, constructing, spelling, and understanding completely certain words, phrases, and sentences.”
In keeping with the 8 CFR Section 312.1 Literacy requirement, the USCIS adjudicator’s determination of an applicant’s ability to speak English should be based on questions normally asked during the interview that pertain to ordinary topics. These could reasonably include asking for or verifying the applicant’s personal information, such as name, address, date of birth, country of birth, country of citizenship or nationality, contact information, family members (parents, children), marital status, and absences from the country — i.e., topics that are covered in Form N-400 Parts 1 through 11. The vocabulary required to understand and answer such questions can arguably be considered words in ordinary usage.
However, the questions in current Form N-400 Part 12, which relate to specific issues of admissibility and moral character, by necessity use unusually complex vocabulary, including legal terminology, that falls far beyond what can be considered ordinary usage of English. While the applicant’s written responses to Part 12 questions are clearly an important component of the evaluation of the applicant’s admissibility, these topics and vocabulary should not be part of the English portion of the test.
To illustrate the lexical complexity of Part 12, I am providing as an attachment an analysis of the Form N-400 Part 12 vocabulary using a standard resource for English language learners — the Longman Dictionary of American English. In its listings, it identifies the 9,000 most important keywords for learners of English and divides them into three bands: high frequency (the top 3,000 words), mid frequency (the next most important 3,000 words), and lower frequency (the less frequent yet important 3,000 words). The dictionary has a companion Vocabulary Checker that analyzes text input and identifies the keywords in each of the three bands.
As indicated in the attachment, the Vocabulary Checker tool’s analysis of Part 12 vocabulary identifies 50 lexical items that fall outside the keyword range, including legal terminology such as adjudication, diversion, and rescission. An additional 67 lexical items are in the lower and mid frequency bands of the keywords list, and many are not reasonably considered vocabulary in ordinary usage, including terms such as deploy, disposition, and exclusion.
For this reason, I recommend that 8 CFR Section 312.1 (Literacy Requirements) Part C Literacy examination be modified as indicated here in boldface:
— (1) Verbal skills. The ability of an applicant to speak English will be determined by a designated immigration officer from the applicant’s answers to questions about the applicant’s basic personal information normally asked in the course of the examination. Such basic personal information may include asking for or verifying the applicant’s name, address, date of birth, country of birth, country of citizenship or nationality, contact information, family members (parents, children), marital status, and absences from the country. “
In addition, in Policy Manual Volume 12, Part E, Chapter 2 (English and Civics Testing), Part D (English Portion of the Test), Section 1 (Speaking Test), I recommend replacement of the second sentence with the following:
The officer’s questions relate to the applicant’s basic personal information, including asking for or verifying the applicant’s name, address, date of birth, country of birth, country of citizenship or nationality, contact information, family members (parents, children), marital status, and absences from the country.
In the sub-section titled “Passing the Speaking Test” I recommend adding the following as indicated here in boldface:
If the applicant generally understands and responds meaningfully to questions about basic personal information relevant to his or her naturalization eligibility, then he or she has sufficiently demonstrated the ability to speak English.
In the sub-section titled “Failing the Speaking Test” I recommend deleting “answer the eligibility questions on his or her naturalization application” and replacing with the following: “respond meaningfully to questions about basic personal information relevant to his or her naturalization eligibility.”
