Mom passed Us citizen interview. Husband failed

[zeke2021]

Hi forum. Hope everybody is in good health!!!!
My question is: My parents went to the their second interview today, ((N400 through me)) I'm a us citizen also. Both of them failed the first interview)). My mother passed today, and now she is a US citizen (she even swore today) but my father failed again. I know that he has to wait 5 more years to apply again, but I want to know. Now that my mom is a us citizen, she can petition him right away? or she has to wait some time because my dad has failed his interview ? or that doesn't matter and she can petition him right away.
Thanks.

[Dx134]

Congratulations for your mom's successful naturalization! A lot of these things sound very odd. I know of no situation in which you'd have to/be able to petition for someone so that he/she become eligible to file for naturalization. (But I'm not a lawyer so who knows...) Is your dad a green card holder? If so, I don't believe he has to wait 5 years. My understanding is that the 5-year thing comes into play with the "good moral character" requirement; unless your dad was denied because of crimes he committed, nonpayment of taxes, being a habitual drunkard, etc., instead of simply failing the civics or language portion, he can probably reapply right away. If your dad doesn't have a green card, then you or your mom has to petition for him but I don't see why you couldn't do that right away.

[newacct]

Within 30 days of the naturalization denial, he can file N-336 for a hearing on the denial, where he will get one more chance to pass the portion of the English and/or civics tests that he failed. If he fails that or doesn't want to do that, he can file N-400 and go through the naturalization process again at any time. There is no reason why he would need to wait 5 years (unless he was not eligible for naturalization to begin with).

[zeke2021]

Thx for the answers