Green card soldiers died for adopted country

My information comes from an AILA meeting with the Office of General Counsel of the INS in October 2002 during which this matter was discussed at very great detail.

In terms of actual regulations, I invite you first to 8 CFR 329.1 which states that "active duty" means "active service in the following organizations:

(1) United States Army, United States Navy, United States Marines, United States Air Force, United States Coast Guard; or

(2) A National Guard unit during such time as the unit is Federally recognized as a reserve component of the Armed Forces of the United States and that unit is called for active duty.

Per the General Counsel, ANY member of group (1) is in active duty for purposes of the EO. In other words, ANY current member of the armed Army, Navy Marines, USAF, USCG is covered by the EO even if he or she is stationed in Michigan and has nothing to do with Iraq.



Originally posted by JoeF
Now, where do you get your information from?
Since you seem to know this, you certainly can provide us with a pointer to the actual regulations.
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8 CFR 329.2(C) states that to take advantage of war time service provisions the applicant MUST

"Satisfies the permanent residence requirement in one of the following ways:



(1) Any time after enlistment or induction into the Armed Forces of the United States, the applicant was lawfully admitted to the United States as a permanent resident; or




(2) At the time of enlistment or induction, the applicant was physically present in the geographical territory of the United States, the Canal Zone, American Samoa, Midway Island (prior to August 21, 1959), or Swain's Island, or in the ports, harbors, bays, enclosed sea areas, or the three-mile territorial sea along the coasts of these land areas, whether or not the applicant has been lawfully admitted to the United States as a permanent resident;"
 
That is not what I say at all. You have to be in the armed force ON OR AFTER 9/11/01. If you have a green card and sign up for the armed forces next Monday, when your enlistment becomes official you can immediately file N400 regardless of where you are stationed. Another example is if you were in the armed forces on 911 and left before the EO was signed in July 2002 you are also eligible regardless of if you have fought with the enemy.
 
Originally posted by JoeF
Any link? Or were you present there?
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The minutes of the meeting is available at the AILA's infonet site which is protected by password and can be accessed only by members.
 
I would not be quoting the minutes if I have not read them.

I work as a paralegal at an immigration law firm.
 
I am trying to get rid of the INCORRECT impression that "some local Iraqis serving the US marines by being the official translators. Even though are are not even GC holders, and even though they served for only 2 weeks, they can apply for immediate Citizenship (without going through the GC hassle!)".
 
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I read that citzenship was sought for the Iraqi lawyer
who helped "Saving Private Jessica Lynch". So even
military serice is not necessary.
 
_________________________________
Gilbert :

I do not know where on earth did you get the information. To qualify, a non-PR person MUST MUST be in the United States when he is inducted into the armed services. .....

I am a paralegal in a law firm ........
___________________________


If you work for a Law Firm, identify the law firm. As far as I know NO LAW FIRM in US deals with Military Applications. All military applications are handled by lawyers in JAG, for free.

Identify your firm, maybe I can get some of my fellow military mates come to you for help. They are in the military, but they cannot apply for citizenship based on the new EO. Maybe your firm can help these soldiers.
 
I have postd over 700 messages here in the past two years but I never identified my employer because I do not solicit business on her behalf. I visit this board in my private time.

The small number of people who were in the armed forces on 9/11/01 but left before the EO signed have used legal representation to seek citizenship.
 
Yes unless you are sent to WP by a foreign govenment allied with the US.

Originally posted by AmericanWannabe
Commissioned officers have to be citizens, I guess.
I assume that going to military academies like Westpoint
requires citizenship too
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The EO refers to Active-Duty Status, which is clearly defined in INS regulations. It includes full time service of any kind in the Navy, Army, USAF, Marines and USCG as well as all federalized national guard units and reserve units activated by the President.
 
_______________________
I have postd over 700 messages here in the past two years but I never identified my employer because I do not solicit business on her behalf. I visit this board in my private time.
________________________

How about getting paid for some of that immense knowledge you seem to dispense freely on the internet. My fellow soldiers will pay you to get thier applications in and get approved.

How about identify yourself and I will send my friends over to you to prosecute therr cases. They are all in the Military and according to your interpretation of the EO, they are eligible for Citizenship. According to JAG's interpretation of the EO they are not.

You can send me a private message if you want to make some $$$ for your services.
 
____________________
Gilbert:

Yes unless you are sent to WP by a foreign govenment allied with the US.
_____________________

And they are issued commisions by their goverments NOT US Goverment. You have to a US Citizen to a commisioned officer in US Military.
 
I was answering part of the question about attending the academies not about being an officer.


Originally posted by Greg Peckton
____________________
Gilbert:

Yes unless you are sent to WP by a foreign govenment allied with the US.
_____________________

And they are issued commisions by their goverments NOT US Goverment. You have to a US Citizen to a commisioned officer in US Military.
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First of all, I am not licensed to practice law so I am legally not able to accept money.

If there is an American soldier (excluding reserve units and National Guardspeople) who says she is not able to take advantage of the EO, I can find the name of lawyers (other than those from my law firm) near her location who are willing to look this over for little or nominal fee.

The INS interprets the INA, not the JAG.



Originally posted by Greg Peckton
_______________________
I have postd over 700 messages here in the past two years but I never identified my employer because I do not solicit business on her behalf. I visit this board in my private time.
________________________

How about getting paid for some of that immense knowledge you seem to dispense freely on the internet. My fellow soldiers will pay you to get thier applications in and get approved.

How about identify yourself and I will send my friends over to you to prosecute therr cases. They are all in the Military and according to your interpretation of the EO, they are eligible for Citizenship. According to JAG's interpretation of the EO they are not.

You can send me a private message if you want to make some $$$ for your services.
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Can spouses of non-citizen soilders get citizenship if
soldiers themselves are qualified? This is especially
important if they skip the GC procedure.
 
The law does not directly provide for spouses.

If a soldier remains in the armed forces, is stationed abroad and the spouse lives there with him, then the spouse can petition for citizenship immediately (she must have a green card first).
 
from the BCIS website

This is a link to the INS homepage and it resolves the question of whether one has to be enlisted in the US


Naturalization Applicants Who Have Served Honorably in Any Specified Period of Armed Conflict with Hostile Foreign Forces .

This is the ONLY section of the Immigration and Naturalization Act that allows persons who have NOT been lawfully admitted for permanent residence to file their own application for naturalization. Any person who has served honorably during a qualifying time may file an application at any time in his or her life if, at the time of enlistment, reenlistment, extension of enlistment or induction, such person shall have been in the United States, the Canal Zone, American Samoa, or Swains Island, or on board a public vessel owned or operated by the United States for noncommercial service, whether or not he has been lawfully admitted to the United States for permanent residence.

An applicant who has served honorably during any of the following periods of conflict is entitled to certain considerations:

World War I - 4/16/17 to 11/11/18;


World War II - 9/1/39 to 12/31/46;


Korean Conflict - 6/25/50 to 7/1/55;


Vietnam Conflict - 2/28/61 to 10/15/78;


Operation Desert Shield/ Desert Storm - 8/29/90 to 4/11/91


Operation Enduring Freedom – 9/11/01 to (open); or


any other period which the President, by Executive Order, has designated as a period in which the Armed Forces of the United States are or were engaged in military operations involving armed conflict with hostile foreign forces.
Applicants who have served honorably during any of the aforementioned conflicts may apply for naturalization based on military service and no period of residence or specified period of physical presence within the United States or any State shall be required.
 
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