In the news over the weekend is another story about a U.S. military veteran who has suddenly discovered he is not a a U.S. citizen. Mario Hernandez, a Latino veteran, is now caught in an immigration limbo: he is not a U.S. citizen like he believed and at this time, appears to be ineligible for U.S. citizenship. This situation is far more common than people realize. People often think that serving in the U.S. military grants automatic citizenship.
Serving in the U.S. military has never granted automatic U.S. citizenship. Instead, it has relaxed the residency requirements to allow U.S. military personnel to apply sooner after becoming a lawful permanent resident. During times of hostilities, even the requirement to first be a lawful permanent resident is waived as long as the veteran served honorably.
Every member of the U.S. military (past and present) who is a lawful permanent resident and wants to be a U.S. citizen still must file the Form N-400 Application for Naturalization and complete that process. The same is true for those who are not lawful permanent residents but served during a time of hostility.
The problem for many older veterans is they did not know they have to file an application to become a U.S. citizen. Mario Hernandez is a good example of that misunderstanding.
Even current enlisted personnel can run into difficulties completing the naturalization process, usually because deployment or relocation to another base disrupts the process.
Proof of completing the process and being a U.S. citizen is having a naturalization certificate.
Wrongly believing you are a U.S. citizen can have heart-breaking consequences, especially for veterans who have put their lives on the line for the U.S.
A veteran who is a lawful permanent resident rather than a U.S. citizen and either has been convicted of even just misdemeanor offenses (e.g. possession of marijuana, misdemeanor theft, misdemeanor domestic violence) or has claimed to be a U.S. citizen (e.g. voted in elections, sat on juries, held jobs reserved solely for U.S. citizens) can not only be denied U.S. citizenship if they belatedly apply, they also risk being deported.
Mario Hernandez though isn't even a lawful permanent resident. He entered the country as a refugee child and never applied to get his green card. This was something his parents should have done for him. Others, like the Valenzuela brothers, entered the country without even refugee status. Fortunately, for Mario, he served in the military during a time of hostilities, so as long as he meets all other criteria for U.S. citizenship, he should qualify for U.S. citizenship.
What makes this situation even more tragic is it would be so simple to prevent. When someone gets discharged from the military, they have to go through a process that could easily require checking where the soldier was born and if the soldier was born abroad, whether they completed their naturalization process. If they did not complete naturalization, it would be simple matter to refer them to a veteran's service organization that could then follow up to make sure the veteran becomes a U.S. citizen.
If you have a family member or friend, who either is currently serving or is a veteran, ask them if they are U.S. citizens. If they say they are, ask them if they have a naturalization certificate. If they admit they are not a U.S. citizen, encourage them to find an immigration attorney to help them through the process. Particularly if they are older veterans with criminal convictions, they should not try to do the N-400 alone.
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