DEP discharge and Naturalization

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docpogi

Registered Users (C)
Hey guys! I'm not sure if somebody can help me out with my problem in this forum.

Now that I'm ready to file for my N-400, my concern right now is that I signed up for Navy Reserves early this year under Delayed Entry Program. Since I am not a US citizen yet, they can't give me the job that I want and they want me to start at a low rank(same as high school graduates here) even though I have a BS Nursing degree (I work as RN here) and Doctor of Medicine degree from back home.

Actually the main reason I want to join the US Navy Reserves time is to facilitate my being a US Citizen so I can get my wife here as soon as possible. We have been wanting to be together in the last 4 years... It was later that we experienced some crisis in the family that made me decide not to do it anymore. I already spoke with my recruiter about this, but the main thing is I already enlisted at the MEPS, did the ASVAB, but I did not go to boot camp last month (November). My navy recruiter doesn't bother me anymore though. I did not return his calls after I told him several months before that I can't make it to boot camp.

Now my question is, is that considered as deserting the military? I see it in one of the questions in the N-400 form.. I did not get any letter from them or did not hear anything from them anymore after I failed to show up for boot camp and did not go to their weekly meetings for DEP's.

Is there anybody in this forum familiar with this. I will highly appreciate any ideas. Thanks
 
Did you sign a DEP contract like below:?

http://usmilitary.about.com/library/pdf/enlistment.pdf

It's a legally binding contract and you may be seen as a deserter, thereby making you ineligible for naturalization under 8 USC 1425.

Before applying, ask your recruiter to get out of the contract due to extenuating circumstances. Don't assume it will go away since he has stopped calling you.
 
Bobsmyth said:
Did you sign a DEP contract like below:?

http://usmilitary.about.com/library/pdf/enlistment.pdf

It's a legally binding contract and you may be seen as a deserter, thereby making you ineligible for naturalization under 8 USC 1425.

Before applying, ask your recruiter to get out of the contract due to extenuating circumstances. Don't assume it will go away since he has stopped calling you.
Click to expand...

I'm afraid I signed a contract that I will be deployed last November to boot camp. But I have been reading articles from http://usmilitary.about.com, specially that of Rod Powers stating that I will only be permanently not eligible to be a citizen if in case I refused to join the military by not being a US citizen itself-- and that they won't take it against me if I changed my mind and encountered personal hardships along the way which made me decide not to go to boot camp. I also read about that after I get into boot camp- then it will be much harder to get out. Right now, I'm trying to get as much opinion as I can and I even tried to call GI Rights Hotline. please advise.
 
At this point, I don't think its a good idea to call my recruiter and ask him personally if he will take it against me if I applied for naturalization. Of course, he feels bad that I did not join and will try to scare me off or threaten me. I don't know if my lawyers is knowledgeable enought to handle this, or should I just apply and put No to that N-400 question if I ever deserted the US Armed Forces?
 
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