Green Card Holders in the Miltary, N-426 minimum time in service rule has been removed

[PewPewPew 1]

As per the result of SAMMA V. U.S. DEPARTMENT OF DEFENSE on 08/25/2020

https://www.aclu.org/legal-document/samma-v-us-department-defense-order-and-judgment

 

Which means that you can request for an N 426 as soon as you enlist( even in RSP for National Guard: source: me)

Here is the memo from the branches that I was able to gather.

NAVY SEP 20 : https://www.navy.mil/Resources/NAVADMINs/Message/Article/2337555/vacated-minimum-service-requirements-for-sailors-seeking-o-6-or-higher-certific/

Marine SEP 20: https://www.marines.mil/News/Messages/Messages-Display/Article/2354627/compliance-with-federal-court-order-vacating-the-department-of-defense-minimum/

Army: https://drive.google.com/file/d/18xhF8-qLVtcz92fUVEauGxDm8cAX0lxy/view?usp=sharing

Army National Guard: https://drive.google.com/file/d/1IV60fmtfUcprRwWFkLSC4iPHRXePidu8/view?usp=sharing

P/s : I couldn't find the MEMO for Air Force and Coast Guard. However, I'm positive that they have published something along the line incompliance with the order of the lawsuit.

Please consider donating to ALCU as they are the reason just Time In Service requirement was overturned. https://www.aclu.org/

Army Guideline N426.pdf (PPOM 20-034a) Updated Naturalization Policy (CORRECTED COPY)(1).pdf

Edited December 1, 2020 by khasieu113

[BB Family 299]

1 hour ago, khasieu113 said:

As per the result of SAMMA V. U.S. DEPARTMENT OF DEFENSE on 08/25/2020

https://www.aclu.org/legal-document/samma-v-us-department-defense-order-and-judgment

 

Which means that you can request for an N 426 as soon as you enlist( even in RSP for National Guard: source: me)

Here is the memo from the branches that I was able to gather.

NAVY SEP 20 : https://www.navy.mil/Resources/NAVADMINs/Message/Article/2337555/vacated-minimum-service-requirements-for-sailors-seeking-o-6-or-higher-certific/

Marine SEP 20: https://www.marines.mil/News/Messages/Messages-Display/Article/2354627/compliance-with-federal-court-order-vacating-the-department-of-defense-minimum/

Army: https://drive.google.com/file/d/18xhF8-qLVtcz92fUVEauGxDm8cAX0lxy/view?usp=sharing

Army National Guard: https://drive.google.com/file/d/1IV60fmtfUcprRwWFkLSC4iPHRXePidu8/view?usp=sharing

P/s : I couldn't find the MEMO for Air Force and Coast Guard. However, I'm positive that they have published something along the line incompliance with the order of the lawsuit.

Please consider donating to ALCU as they are the reason just Time In Service requirement was overturned. https://www.aclu.org/

Army Guideline N426.pdf 401.68 kB · 1 download (PPOM 20-034a) Updated Naturalization Policy (CORRECTED COPY)(1).pdf 193.91 kB · 1 download

This is awesome. I just hope nothing changes between now and March (soonest i can enlist due to having a baby). 

[ohcoffeeeyes 120]

3 minutes ago, BB Family said:

This is awesome. I just hope nothing changes between now and March (soonest i can enlist due to having a baby). 

Yeah same but this was a Supreme Court decision so I'm imagining it wont anytime soon

[HRQX 4,145]

23 minutes ago, ohcoffeeeyes said:

Yeah same but this was a Supreme Court decision so I'm imagining it wont anytime soon

Not the Supreme Court. It was the US District Court for the District of Columbia. https://www.aclu.org/sites/default/files/field_document/47._order_and_judgment_8.25.20.pdf

 

For Supreme Court cases see:

https://www.scotusblog.com/case-files/terms/ot2020/

https://www.scotusblog.com/case-files/terms/ot2019/

Edited December 1, 2020 by HRQX

[DC909 105]

51 minutes ago, HRQX said:

Not the Supreme Court. It was the US District Court for the District of Columbia. https://www.aclu.org/sites/default/files/field_document/47._order_and_judgment_8.25.20.pdf

 

For Supreme Court cases see:

https://www.scotusblog.com/case-files/terms/ot2020/

https://www.scotusblog.com/case-files/terms/ot2019/

Indeed. It actually looks like an Appeal was filed in October. 

[HRQX 4,145]

3 minutes ago, DC909 said:

Indeed. It actually looks like an Appeal was filed in October. 

Yup. Appealed to the same court (US District Court for the District of Columbia). https://www.aclu.org/sites/default/files/field_document/51._notice_of_appeal_10.23.2020.pdf

[DC909 105]

1 hour ago, BB Family said:

This is awesome. I just hope nothing changes between now and March (soonest i can enlist due to having a baby). 

I agree with you. This case has flip flopped back and forth so many times, that I hope it stays this way. Who knows how the DOD's appeal goes. 

[BB Family 299]

Just now, DC909 said:

I agree with you. This case has flip flopped back and forth so many times, that I hope it stays this way. Who knows how the DOD's appeal goes. 

Its kind of making me angry why the DOD would even appeal it. Why do they care if the person is seeking citizenship? As long as the individual serves honorably and completes their contract, i dont see why they would want to do anything to prevent someone from getting naturalized as soon as possible. 

[DC909 105]

6 minutes ago, BB Family said:

Its kind of making me angry why the DOD would even appeal it. Why do they care if the person is seeking citizenship? As long as the individual serves honorably and completes their contract, i dont see why they would want to do anything to prevent someone from getting naturalized as soon as possible. 

Not to involve politics, but it has a lot to do with the current administration. We will see how things go come the new administration. They can always cancel the appeal. 

[Cyberfx1024 7,980]

2 hours ago, BB Family said:

Its kind of making me angry why the DOD would even appeal it. Why do they care if the person is seeking citizenship? As long as the individual serves honorably and completes their contract, i dont see why they would want to do anything to prevent someone from getting naturalized as soon as possible. 

Why would it make you angry that it was appealed? Because the time limit was best thing with this. It was 180 days after graduating boot camp in order to prove that you honorable character. 

Edited December 2, 2020 by Cyberfx1024

[Cyberfx1024 7,980]

2 hours ago, DC909 said:

Not to involve politics, but it has a lot to do with the current administration. We will see how things go come the new administration. They can always cancel the appeal. 

It's not as soon as you enlist but as soon as you get to boot camp/basic training or started drilling with the NG/Reserve from what I have read. 

Edited December 2, 2020 by Cyberfx1024

[PewPewPew 1]

52 minutes ago, Cyberfx1024 said:

Why would it make you angry that it was appealed? Because the time limit was best thing with this. It was 180 days after graduating boot camp in order to prove that you honorable character. 

Please read the law suit to see why it wasn't the best thing, and how it wasn't a way to prove that you have serve honorably. 

 

https://www.aclu.org/cases/samma-v-us-department-defense-lawsuit-challenging-policy-denying-us-military-service-members

[Cyberfx1024 7,980]

7 minutes ago, khasieu113 said:

Please read the law suit to see why it wasn't the best thing, and how it wasn't a way to prove that you have serve honorably. 

 

https://www.aclu.org/cases/samma-v-us-department-defense-lawsuit-challenging-policy-denying-us-military-service-members

I did read the lawsuit sir, and I have tried to keep abreast of this. The 180 day requirement was not really the issue at all it was actually the getting N426 signed off by the 0-6. It is a great way to prove honorably because if you can't serve at least 6 months honorably then you shouldn't be requesting a expedite. 

Edited December 2, 2020 by Cyberfx1024

[ohcoffeeeyes 120]

3 hours ago, BB Family said:

Its kind of making me angry why the DOD would even appeal it. Why do they care if the person is seeking citizenship? As long as the individual serves honorably and completes their contract, i dont see why they would want to do anything to prevent someone from getting naturalized as soon as possible. 

Because they would rather you enlist as active duty than national guard, it's an attempt to boost numbers. A lot of prospective immigrants see near-instant citizenship and a steady job as something great.

[DC909 105]

1 hour ago, Cyberfx1024 said:

Why would it make you angry that it was appealed? Because the time limit was best thing with this. It was 180 days after graduating boot camp in order to prove that you honorable character. 

She is talking about the appeal after the circuit court removed the time in service. DOD appealed the decision... meaning they want to bring back the time in service requirement.