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~Leo-Feng~

Question on INA329 (Naturalization for active members of the Armed Forces)

By ~Leo-Feng~ in US Citizenship General Discussion

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~Leo-Feng~   0

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Filed: AOS (pnd) Country: Argentina
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Link to INA329

Link to USCIS's explanation of "Naturalization through Qualifying Service during Periods of Hostilities"

Hello fellow VJers.

For as long as I remember I've always wanted to be a US Citizen and serve in the Air Force (preferably a pilot).

I married a US Citizen last year and this coming 11/25 I will be having my AOS interview and (hopefully) become a legal permanent resident. Or is it conditional LPR? I've been married less than 2 years so I think I will be assigned visa category CR-1... or is it IR-1? I don't know for sure. That is the one part I'm confused. But anyhow...

Godwilling, by the end of the year I will be in basic training and pursuing my dream.

My understanding of naturalization while being an active member is that you had to have serve AT LEAST 1 (one) year honorably before you send in your N-400 paperwork.

However, reading again this morning under USCIS's page (link provided above) it seems if you served just one day then you can apply. I was curious so I looked into the scope of INA329:

Sec. 329. [8 U.S.C. 1440]

http://' target="_blank"> (a) Any person who, while an alien or a noncitizen national of the United States, has served honorably as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States [...] may be naturalized as provided in this section if (1) at the time of enlistment, reenlistment, extension of enlistment, or induction such person shall have been in the United States, the Canal Zone, America 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, or (2) at any time subsequent to enlistment or induction such person shall have been lawfully admitted to the United States for permanent residence.

There are footnotes on that section of law but nothing regarding the 1 day/1 year or whether IR-1 or CR-1 makes any difference.

Two things that catch my attention:

"whether or not he has been lawfully admitted to the US for permanent residence, or at any time subsequent to enlistment [...] such person shall have been lawfully admitted to the US for permanent residence"

Has anybody looked into this?

Can I send in my naturalization papers the day after I enlist?

Will my "conditional" status make any difference?

Help! :wacko:

06/10/09 -------- --- Mailed out I-130 / I-485 / I-693 / I-864 package through USPS EXPRESS MAIL

06/11/09 -- day 00 -- Packaged delivered at 2:12. Signed by R MERCADO.

06/15/09 -- day 04 -- NOAs issued & mailed from ZIP 60603.

06/16/09 -- day 05 -- All 3 checks posted on my account (deposited the 15th, showed up on the 17th)

06/17/09 -- day 06 -- 1st NOAs received in the mail for I-130/I-485

06/17/09 -- day 06 -- 2nd NOA issued and mailed: fingerprint appt. issued for 07/08/09 at 10 AM

06/20/09 -- day 09 -- 2nd NOA (fingerprint appt.) received in the mail.

06/23/09 -- day 12 -- BIOMETRICS done at 1:30pm -- 15 days ahead of schedule. YAY!

08/18/09 -- day 69 -- Sent out I-765 (EAD) application to TX SVC CNT

08/21/09 -- day 72 -- I-765 app. delivered to TX SVC CNT and NOA1 issued (wow!)

08/25/09 -- day 76 -- NOA1 for EAD mailed

08/31/09 -- day 82 -- CRIS email: EAD Card production ordered on 08/29/09

09/01/09 -- day 83 -- CRIS email: EAD Card production ordered again

09/03/09 -- day 85 -- CRIS email: EAD approval notice sent on 09/02/09

09/04/09 -- day 86 -- EAD arrived on the mail. Mailed by TX SVC CENTER but origin ZIP: 40701 (Corbin, KY) Huh?

10/19/09 -- day 131 -- Interview letter issued, mailed 10/20

10/23/09 -- day 134 -- Interview letter received

11/25/09 -- day 168 -- Interview at 9AM: Approval will be recommended to supervisor. 6pm: CARD PRODUCTION ORDERED

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