Dual citizenship and draft evasion conviction in country of birth

[pbel 1]

Hello everyone,

Here is my story:

I have dual citizenship: Greek by birth and Belgian by naturalization (since 2014). I will apply for a K1 visa using my Belgian passport. Back in Greece, I was exempt from military service until 2012 due to studies. I finished my studies and in 2007 I had a great professional opportunity and moved to Belgium. My draft exemption expired in 2012 and I was declared a "draft evader living abroad" in Greece. I got a € 6.000 fine, which I paid off. Based on the Greek law, I am allowed to visit Greece for a month per year (as long as I live abroad) without being obliged to serve in the army.

When I did not show up in 2012 the military services sued me (standard procedure) and a trial is currently pending. However, at the military office they told me that it takes forever to bring "draft evaders living abroad" to trial, as there are many more draft evaders residing in Greece that they have to deal with first. Until a trial takes place (and I am sentenced, which is not 100% sure), nothing will show up in my criminal record. If/when the trial happens and they find me guilty, it will appear in my criminal record.

Draft evasion is a misdemeanor in Greece with a maximum sentence of 2 years imprisonment. This is always a suspended sentence, however. I looked at US immigration rules online (for example, 9 FAM 40.21(A)) and it said that "failure to report for military induction" is NOT a CIMT for immigration purposes. In the meantime, I have visited my fiancée in the US several times under the visa waiver program without problems. I answered "no" to the question about crimes involving moral turpitude. I have no other misdemeanors in my record.

We are planning on filing for a K1 visa shortly. Could our petition be denied? How should we go about this?

Thanks

[Penguin_ie 5,996]

I don;t understand, you say you got fined and paid it, and now they are prosecuting you a second time?

I don't think there will be any issues for your K1. There may be an issue once you go for US citizenship, as you will need to pledge to support the country, but you can cross that bridge when you get to it.

[pbel 1]

I don;t understand, you say you got fined and paid it, and now they are prosecuting you a second time?.

The fine is imposed a few days after a person does not appear for military induction on the date that is set. The military services then notify the tax offices to impose the fine. Suing the draft evader is just an extra step in the procedure. Greek law is a bit vague, as it is not clear whether the money is returned if the person is not found guilty during the trial (if and when that takes place).

Why do you think this can cause issues with applying for US citizenship?

Any similar experiences out there from other draft evaders?

Edited July 10, 2016 by pbel

[RodDetroit 118]

Hello everyone,

Here is my story:

I have dual citizenship: Greek by birth and Belgian by naturalization (since 2014). I will apply for a K1 visa using my Belgian passport. Back in Greece, I was exempt from military service until 2012 due to studies. I finished my studies and in 2007 I had a great professional opportunity and moved to Belgium. My draft exemption expired in 2012 and I was declared a "draft evader living abroad" in Greece. I got a € 6.000 fine, which I paid off. Based on the Greek law, I am allowed to visit Greece for a month per year (as long as I live abroad) without being obliged to serve in the army.

When I did not show up in 2012 the military services sued me (standard procedure) and a trial is currently pending. However, at the military office they told me that it takes forever to bring "draft evaders living abroad" to trial, as there are many more draft evaders residing in Greece that they have to deal with first. Until a trial takes place (and I am sentenced, which is not 100% sure), nothing will show up in my criminal record. If/when the trial happens and they find me guilty, it will appear in my criminal record.

Draft evasion is a misdemeanor in Greece with a maximum sentence of 2 years imprisonment. This is always a suspended sentence, however. I looked at US immigration rules online (for example, 9 FAM 40.21(A)) and it said that "failure to report for military induction" is NOT a CIMT for immigration purposes. In the meantime, I have visited my fiancée in the US several times under the visa waiver program without problems. I answered "no" to the question about crimes involving moral turpitude. I have no other misdemeanors in my record.

We are planning on filing for a K1 visa shortly. Could our petition be denied? How should we go about this?

Thanks

If i were you i would disclose you have 2 passports, i dont get why would you apply for Belgium citizenship having already a European passport unless that gave you to some state benefits or wanted to travel some country that requires a visa . I dont know what I would have done in your situation, €6000 is a lot of money. It seems backwards to have an European country with mandatory military service.

[EM_Vandaveer 2,417]

If i were you i would disclose you have 2 passports, i dont get why would you apply for Belgium citizenship having already a European passport unless that gave you to some state benefits or wanted to travel some country that requires a visa . I dont know what I would have done in your situation, 6000 is a lot of money. It seems backwards to have an European country with mandatory military service.

I'm pretty sure on the actual visa application one is required to list all of their citizenships.

[pbel 1]

I'm pretty sure on the actual visa application one is required to list all of their citizenships.

This is indeed the case. I wasn't planning on hiding my second citizenship.

The question remains and unfortunately I have not been able to find clear answers so far. Hopefully someone here who has gone through a similar situation can share his experience.

[FD21 5]

 

On 7/10/2016 at 4:44 AM, pbel said:

Hello everyone,

Here is my story:

I have dual citizenship: Greek by birth and Belgian by naturalization (since 2014). I will apply for a K1 visa using my Belgian passport. Back in Greece, I was exempt from military service until 2012 due to studies. I finished my studies and in 2007 I had a great professional opportunity and moved to Belgium. My draft exemption expired in 2012 and I was declared a "draft evader living abroad" in Greece. I got a € 6.000 fine, which I paid off. Based on the Greek law, I am allowed to visit Greece for a month per year (as long as I live abroad) without being obliged to serve in the army.

When I did not show up in 2012 the military services sued me (standard procedure) and a trial is currently pending. However, at the military office they told me that it takes forever to bring "draft evaders living abroad" to trial, as there are many more draft evaders residing in Greece that they have to deal with first. Until a trial takes place (and I am sentenced, which is not 100% sure), nothing will show up in my criminal record. If/when the trial happens and they find me guilty, it will appear in my criminal record.

Draft evasion is a misdemeanor in Greece with a maximum sentence of 2 years imprisonment. This is always a suspended sentence, however. I looked at US immigration rules online (for example, 9 FAM 40.21(A)) and it said that "failure to report for military induction" is NOT a CIMT for immigration purposes. In the meantime, I have visited my fiancée in the US several times under the visa waiver program without problems. I answered "no" to the question about crimes involving moral turpitude. I have no other misdemeanors in my record.

We are planning on filing for a K1 visa shortly. Could our petition be denied? How should we go about this?

Thanks

My husband is also going to have to serve the conscription - question - how did you know you received the  € 6.000 fine? Did a paper get sent to your home or the police station in your neighborhood? Were you able to pay it off in installments & was it a one time charge only...? 

[Just Paul 4,595]

I wonder what would be listed on your Greek Police Clearance Certificate

[Ontarkie 14,432]

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