(a) Aliens required to comply. The following classes of aliens who have adjusted to permanent residence under section 245A of the permanent residence under section 245A of the INA are not exempt from the English language and U.S. history and government requirements at the time application to petition for naturalization:

(1) Aliens who met the basic citizenship skills requirement for legalization purposes by satisfactorily pursuing a course of study recognized by the Attorney General via any one of the five ways list at 8 CFR 245a.1(s).

(2) Aliens who were exempt from the basic citizenship skills requirement for legalization purposes on the basis of age; i.e., aliens under the age of 16, or age 65 or older;

(3) Aliens who were exempt from the basis citizenship skills requirements for legalization purposes on the basis of age and residence; i.e., aliens over 50 years of age who have resided in the United States for at least 20 years. (i) For an alien in this case to be exempt from the English language requirement, the periods totaling 20 year's residency must have been fulfilled subsequent to lawful admission for permanent residence. INTERP 312.1(a)(2)(ii).

(b) Aliens physically unable to comply with the basic citizenship skills requirement. Notwithstanding an alien's being exempt from the basic citizenship skills requirement for legalization purposes due to a physical inability to comply, such alien shall be subject to the provisions, of section 312(1) of the INA at the time of application to petition for naturalization. While aliens in these cases do not have to demonstrate an ability to speak, understand, read and write English, they are still required to demonstrate a knowledge and understanding of the history and government of the United States. However, their examination may be conducted in a foreign language through the use of an official interpreter or other qualified person in accordance with provisions of INTERP 312.1(b)(2).

(c) Aliens who are developmentally disabled. An alien exempt from the basic citizenship skills requirement for legalization purposes based upon a developmental disability shall not be considered exempt from this requirement for naturalization purposes, unless the disability also renders him or her physically unable to acquire the four language skills of speaking, understanding, reading and writing English. Such aliens shall be required to establish, through medical evidence, that their developmental disabili ty renders them physically unable to comply with these requirements. The criteria used to determine eligibility for an exemption upon this basis is found at INTERP 312.1(a), (2)(iii). Provided these criteria are met, the provisions of section 312(1) of the INA shall then apply as discussed in paragraph (b) of this section.