green card lottery ,re entry permit

[shamble]

hey guys i really appreciate your help
i am a 18yo student from singapore
i will complete my pre university studies this year

if i win the green card lottery
can i go to the us to collect my green card and then apply for a re entry permit ?because i have to serve about a year remaining of conscription at that time if i manage to win the lottery
and would return to the us after my conscription

but i also want to keep my PR status because it would be much easier for me to apply to better universities within the united states and perhaps continue to stay permanently in the united states and become a citizen

thanks for your response

 

[Britsimon]

hey guys i really appreciate your help
i am a 18yo student from singapore
i will complete my pre university studies this year

if i win the green card lottery
can i go to the us to collect my green card and then apply for a re entry permit ?because i have to serve about a year remaining of conscription at that time if i manage to win the lottery
and would return to the us after my conscription

but i also want to keep my PR status because it would be much easier for me to apply to better universities within the united states and perhaps continue to stay permanently in the united states and become a citizen

thanks for your response

Have you been selected in the lottery already - DV2015 or DV2014?? So - if you have not been selected already you are talking a LONG time before you would be processed - even if you win a place.

At 18 years old you are only just able to qualify for the lottery assuming you finished High school equivalent. If you were able to qualify yes you can enter and apply for a re-entry permit although you don't need that to leave for up to 12 months.

 

[SusieQQQ]

hey guys i really appreciate your help
i am a 18yo student from singapore
i will complete my pre university studies this year

if i win the green card lottery
can i go to the us to collect my green card and then apply for a re entry permit ?because i have to serve about a year remaining of conscription at that time if i manage to win the lottery
and would return to the us after my conscription

but i also want to keep my PR status because it would be much easier for me to apply to better universities within the united states and perhaps continue to stay permanently in the united states and become a citizen

thanks for your response

There was another case recently where a beneficiary had to resign his military post before being allowed to receive a visa. I am not sure, but I don't think they can issue an immigrant visa to someone who is serving in the military of another country - which makes perfect sense of course.

 

[Sm1smom]

There was another case recently where a beneficiary had to resign his military post before being allowed to receive a visa. I am not sure, but I don't think they can issue an immigrant visa to someone who is serving in the military of another country - which makes perfect sense of course.

Actually regarding that military person, I believe the person who wrote it didn't get the story right, so for now, I wouldn't say they don't issue visa to people still serving in the military. On further prompting, she came back to admit that the man hadn't attended the interview with his military records as required to start with and that seems like what they needed him to go get before being issued with the visa.

 

[SusieQQQ]

Actually regarding that military person, I believe the person who wrote it didn't get the story right, so for now, I wouldn't say they don't issue visa to people still serving in the military. On further prompting, she came back to admit that the man hadn't attended the interview with his military records as required to start with and that seems like what they needed him to go get before being issued with the visa.

I read her explanation differently to you - and you surely have to admit it would seem very odd to issue an immigrant visa to someone actively serving in the military of another country. I am aware of some countries where they have conscription, where the men have to prove they have discharged all military obligations before being allowed to receive a DV visa.

Another complicating factor here is that 18-26 year old men have to sign up for selective service once they become LPRs. How can you sign up for that if you are serving in the military of another country? You may end up having committed yourself to two opposing armies in a war. (I'm not saying a war is going to happen, but this is the possibility.) I think OP should contact the embassy for clarification.

 

[Sm1smom]

I read her explanation differently to you - and you surely have to admit it would seem very odd to issue an immigrant visa to someone actively serving in the military of another country. I am aware of some countries where they have conscription, where the men have to prove they have discharged all military obligations before being allowed to receive a DV visa.

Well, my understanding is that anyone issued with an IV will be resigning their job, be it in the public or private sector, or in their home country's military and relocate to live in the US on a permanent basis. For those in countries that require military obligation, this is the reason they're required to submit military records. And what does the military record contain? According to 9 FAM 42.65 N5:

• Military records must contain a complete record of the applicant's service and conduct while in the service. The record must show any convictions of crime before military tribunals.

http://www.state.gov/documents/organization/87888.pdf

Some of the US embassies on the other hand go a little bit further in stating what they expect to see when it comes to military records (New Delhi, India for instance) :

• Military Records: A certified copy of any military record is required. The record should contain a complete record of the applicant's service and conduct while in service. It must show any conviction of crime before a military tribunal. A discharge certificate is required upon discharge, retirement, or resignation from military service.
  http://newdelhi.usembassy.gov/packet4k3info.html

The bolded part however is open to interpretation.

Another complicating factor here is that 18-26 year old men have to sign up for selective service once they become LPRs. How can you sign up for that if you are serving in the military of another country? You may end up having committed yourself to two opposing armies in a war. (I'm not saying a war is going to happen, but this is the possibility.) I think OP should contact the embassy for clarification.

Yes, men between the ages of 18-26 are required to register for SS. However, are you aware AOS applicants are not required to provide military records? Is it possible for someone who is currently serving to adjust status without having fully discharged their military obligations? Absolutely! People have come into the US on B1/B2 visas and successfully adjusted status.

And I most certainly agree the OP should contact the applicable embassy to clarify this, if he's seleceted at the end of the day anyway.

 

[SusieQQQ]

Ok I found this, not official ( from an immigration law website), but it is when citizenship can be revoked, I guess it applies to green card as well. So it seems ok as long as it is a junior rank etc. Maybe that was the issue with the other person, maybe he was an officer.

3. Serving In Your Native Country’s Armed Forces If That Country Is Engaged In Hostilities Or At War With The United States

If your native country is engaged in hostile actions or is at war with America you need to be extremely careful. The US government will attempt to take away your US citizenship if they find out you are either aiding or serving in your native country’s armed forces in any capacity. Alternatively, the US government could try to nail you with a treason conviction and then strip you of your US citizenship.

4. Serving In Your Native Country’s Armed Forces As An Officer Or A Non-Commissioned Officer

If your native country is not at war with or engaged in hostilities towards the US, then serving in your native country’s armed forces is OK as long as you are not an officer or non-commissioned officer (usually the rank of sergeant or above). Serving as a civilian worker in your native country’s armed forces, or serving as an enlisted man or women are generally acceptable. For further information, see the State Department’s circular:ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND FOREIGN MILITARY SERVICE.

The State Department has set several administrative guidelines for dual citizens to follow in order to avoid losing their US citizenship ( ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND DUAL NATIONALITY ). The four reasons for losing US citizenship cited above were taken from these guidelines. We strongly suggest that you carefully review these guidelines if you are planning on maintaining dual citizenship. As you review the guidelines keep in mind that the State Department is primarily referring to native-born US citizens who become dual citizens by being naturalized in another foreign country. The guidelines are also applicable to naturalized US citizens who maintain their original citizenship.

 

[Eucn]

Yikes! I'm in the reserve in an allied country would that be a problem?

 

[newacct]

Ok I found this, not official ( from an immigration law website), but it is when citizenship can be revoked, I guess it applies to green card as well. So it seems ok as long as it is a junior rank etc. Maybe that was the issue with the other person, maybe he was an officer.

3. Serving In Your Native Country’s Armed Forces If That Country Is Engaged In Hostilities Or At War With The United States

If your native country is engaged in hostile actions or is at war with America you need to be extremely careful. The US government will attempt to take away your US citizenship if they find out you are either aiding or serving in your native country’s armed forces in any capacity. Alternatively, the US government could try to nail you with a treason conviction and then strip you of your US citizenship.

4. Serving In Your Native Country’s Armed Forces As An Officer Or A Non-Commissioned Officer

If your native country is not at war with or engaged in hostilities towards the US, then serving in your native country’s armed forces is OK as long as you are not an officer or non-commissioned officer (usually the rank of sergeant or above). Serving as a civilian worker in your native country’s armed forces, or serving as an enlisted man or women are generally acceptable. For further information, see the State Department’s circular:ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND FOREIGN MILITARY SERVICE.

The State Department has set several administrative guidelines for dual citizens to follow in order to avoid losing their US citizenship ( ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND DUAL NATIONALITY ). The four reasons for losing US citizenship cited above were taken from these guidelines. We strongly suggest that you carefully review these guidelines if you are planning on maintaining dual citizenship. As you review the guidelines keep in mind that the State Department is primarily referring to native-born US citizens who become dual citizens by being naturalized in another foreign country. The guidelines are also applicable to naturalized US citizens who maintain their original citizenship.

First of all, someone who was born or naturalized in the U.S. cannot lose U.S. citizenship involuntarily (i.e. without your intention) under any circumstances; it is constitutionally protected. So all of that stuff only applies if the person wants to lose U.S. citizenship. Second, loss of citizenship and loss of permanent residency are different things.

 

[SusieQQQ]

First of all, someone who was born or naturalized in the U.S. cannot lose U.S. citizenship involuntarily (i.e. without your intention) under any circumstances; it is constitutionally protected. So all of that stuff only applies if the person wants to lose U.S. citizenship. Second, loss of citizenship and loss of permanent residency are different things.

I have seen a number of different times talk about naturalized citizens being able to be stripped of their citizenship involuntarily. Here's one that disagrees with you. http://immigration.lawyers.com/citizenship/denaturalization-revoking-your-us-citizenship.html
Kindly post a link to the constitutional protection. (Obviously this does not apply to persons born there and no-one said it did.)


Second, if you had read what I wrote I did indeed point out they were different things but offered the logical opinion that similar conditions might hold.

 

[newacct]

I have seen a number of different times talk about naturalized citizens being able to be stripped of their citizenship involuntarily. Here's one that disagrees with you. http://immigration.lawyers.com/citizenship/denaturalization-revoking-your-us-citizenship.html
Kindly post a link to the constitutional protection. (Obviously this does not apply to persons born there and no-one said it did.)

Nope. Naturalized citizens cannot lose U.S. citizenship involuntarily. Period. This is the point of the Afroyim v. Rusk decision (Afroyim was a naturalized U.S. citizen; the Supreme Court ruled that it was unconstitutional to take it away involuntarily) and a dozen subsequent Supreme Court decisions.

However, people who have lied or committed fraud in the immigration or naturalization process can be found to have never properly naturalized, and therefore have technically never been U.S. citizens in the first place. This is technically not losing U.S. citizenship, because it was decided that they never had it, but sometimes people in the media informally describe this as "loss of citizenship".

 

[Eucn]

Yikes! I'm in the reserve in an allied country would that be a problem?

 

[SusieQQQ]

Nope. Naturalized citizens cannot lose U.S. citizenship involuntarily. Period. This is the point of the Afroyim v. Rusk decision (Afroyim was a naturalized U.S. citizen; the Supreme Court ruled that it was unconstitutional to take it away involuntarily) and a dozen subsequent Supreme Court decisions.

However, people who have lied or committed fraud in the immigration or naturalization process can be found to have never properly naturalized, and therefore have technically never been U.S. citizens in the first place. This is technically not losing U.S. citizenship, because it was decided that they never had it, but sometimes people in the media informally describe this as "loss of citizenship".

I guess you didn't bother reading the link, but whatever, you can play semantics; so ok you can be "denaturalized" rather than "lose your citizenship". Feel better now, darling?