Pastor Served in Marines 20 years ago but barely getting GC?

[Timona 4,207]

I don't get this....this dude served in the US marines and got discharged in 2003. He just got a GC 1 month ago 😳.

 

1. Don't you need to be a USC to serve in the Marines? 

2. If 1 above is true, then how's he just getting a GC? Shouldn't he have been a citizen before joining Marines? I know for Navy, you have to be citizen. For military, GC

 

https://www.cbs19.tv/article/news/local/east-texas-veteran-pastor-detained-by-customs/501-cdc068e3-a548-4870-b6fa-8dfcc2136168

Edited July 4 by Timona

[Crazy Cat 41,845]

Follow up story:

 

Family said Texas Marine veteran released after ICE detention – NBC 5 Dallas-Fort Worth (nbcdfw.com)

[Crazy Cat 41,845]

15 minutes ago, Timona said:

Don't you need to be a USC to serve in the Marines?

Legal Resident.

[Timona 4,207]

14 minutes ago, Crazy Cat said:

Legal Resident.

 

Google says you need a GC. 

 

1. Now, how's this person barely getting his GC, 20 years later? 

2. Why didn't he apply for expedited US citizenship upon joining Marines OR somewhere within the last 20 years???

Edited July 4 by Timona

[Crazy Cat 41,845]

1 minute ago, Timona said:

 

This open a can of worms. But directly, do you need a GC or not?

I think so, yes.  I also think that story is inaccurate about his just receiving a Green card.

[Timona 4,207]

3 minutes ago, Crazy Cat said:

I think so, yes.  I also think that story is inaccurate about his just receiving a Green card.

 

But there's something stinking in his file, hence his detention. He should have been a USC by now. 

 

Wife said they just applied for his GC and made sure to get the green light from immigration before leaving for Mexico....so, looks like this GC was applied post serving in the Marines and of course, recently. So, then, how was he able to join the Marines in the first place? 

 

Lastly, he'd been waiting for years to go to Mexico..why? 

 

This story is a can of worms. 

Edited July 4 by Timona

[discoverusa 258]

It sounds like it was a GC renewal, not initial GC.  

 

Just days before their trip, she said he received his recently renewed Green Card.

[Timona 4,207]

19 minutes ago, discoverusa said:

It sounds like it was a GC renewal, not initial GC.  

 

Just days before their trip, she said he received his recently renewed Green Card.

 

Where do you see this because I don't see it?

Having served in the Marines, why didn't he naturalize?? Mexico has dual citizenship 

 

Edited July 5 by Timona

[Dashinka 24,493]

5 hours ago, Timona said:

 

Where do you see this because I don't see it?

Having served in the Marines, why didn't he naturalize?? Mexico has dual citizenship 

 

It was in the link @Crazy Cat posted.  As to becoming a citizen, that might have been a personal choice to remain an LPR, possibly because he knew applying for naturalization might have revisited the drug charge issue.

[JeanneAdil 6,498]

15 hours ago, Timona said:

 

But there's something stinking in his file, hence his detention. He should have been a USC by now. Agr

 

Wife said they just applied for his GC and made sure to get the green light from immigration before leaving for Mexico....so, looks like this GC was applied post serving in the Marines and of course, recently. So, then, how was he able to join the Marines in the first place? 

 

Lastly, he'd been waiting for years to go to Mexico..why? 

 

This story is a can of worms. 

Agree,  we don't know the whole story

he served over 3 years and was eligible to apply for citizenship after 1 year service 

If you served honorably in the U.S. armed forces for at least one year at any time, you may be eligible to apply for naturalization. So,  why didn't he? 

Discharged in 2003 and just getting green card /  he could have applied for citizenship under 5 year rule too

Unless we know the whole story and not what the media likes to  play up for the shock,  then and only then can we really know who is at fault.

 

https://www.uscis.gov/military/naturalization-through-military-service#:~:text=If you are serving or,and Nationality Act (INA).

 

While some general naturalization requirements apply under INA 328, other requirements may not apply or are reduced. To establish eligibility under INA 328, you must:

• Be 18 years old or older;
• Have served honorably at any time in the U.S. armed forces for a period or periods totaling at least 1 year;
• Have submitted a completed Form N-426, Request for Certification of Military or Naval Service (PDF, 288.38 KB), at the time of filing your N-400, if you are currently serving, or a photocopy of your DD Form 214, Certificate of Release or Discharge from Active Duty, NGB Form 22, National Guard Report of Separation and Record of Service, or other official discharge document for all periods of service if you are not currently serving;
• Demonstrate that if separated from service, you were separated under honorable conditions;
• Be a lawful permanent resident at the time of your naturalization interview;
• Meet certain residence and physical presence requirements;
• Demonstrate the ability to read, write and speak English, unless qualified for a waiver or exception;
• Demonstrate knowledge of U.S. history and government, unless excepted;
• Demonstrate good moral character for at least five years before filing your N-400 through the day you naturalize; and
• Demonstrate an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the United States during all relevant periods under the law, unless waived.

[Demise 1,283]

3 hours ago, JeanneAdil said:

Agree,  we don't know the whole story

he served over 3 years and was eligible to apply for citizenship after 1 year service 

If you served honorably in the U.S. armed forces for at least one year at any time, you may be eligible to apply for naturalization. So,  why didn't he? 

Discharged in 2003 and just getting green card /  he could have applied for citizenship under 5 year rule too

Unless we know the whole story and not what the media likes to  play up for the shock,  then and only then can we really know who is at fault.

 

https://www.uscis.gov/military/naturalization-through-military-service#:~:text=If you are serving or,and Nationality Act (INA).

 

While some general naturalization requirements apply under INA 328, other requirements may not apply or are reduced. To establish eligibility under INA 328, you must:

• Be 18 years old or older;
• Have served honorably at any time in the U.S. armed forces for a period or periods totaling at least 1 year;
• Have submitted a completed Form N-426, Request for Certification of Military or Naval Service (PDF, 288.38 KB), at the time of filing your N-400, if you are currently serving, or a photocopy of your DD Form 214, Certificate of Release or Discharge from Active Duty, NGB Form 22, National Guard Report of Separation and Record of Service, or other official discharge document for all periods of service if you are not currently serving;
• Demonstrate that if separated from service, you were separated under honorable conditions;
• Be a lawful permanent resident at the time of your naturalization interview;
• Meet certain residence and physical presence requirements;
• Demonstrate the ability to read, write and speak English, unless qualified for a waiver or exception;
• Demonstrate knowledge of U.S. history and government, unless excepted;
• Demonstrate good moral character for at least five years before filing your N-400 through the day you naturalize; and
• Demonstrate an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the United States during all relevant periods under the law, unless waived.

 

It looks like he's an LPR for an indeterminate amount of time since the NBC article says "Just days before their trip, she said he received his recently renewed Green Card". At least 10 years but he equally well might've been an LPR back when he originally enlisted. However naturalization under the military provisions should remain as a defense to removal.

 

Of note are INA 328(e) (8 USC 1439(e)):
Moral character:

"Any such period or periods of service under honorable conditions, and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of compliance with the provisions of section 1427(a) of this title", which points to:

INA 316(a)(3) (8 USC 1427(a)(3)):

"during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States."

 

INA 318 (8 USC 1429) Prerequisite to naturalization; burden of proof:

Except as otherwise provided in this subchapter, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. The burden of proof shall be upon such person to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigrant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry, in the custody of the Service. Notwithstanding the provisions of section 405(b),¹ and except as provided in sections 1439 and 1440 of this title no person shall be naturalized against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act; and no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act: Provided, That the findings of the Attorney General in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this chapter, shall not be deemed binding in any way upon the Attorney General with respect to the question of whether such person has established his eligibility for naturalization as required by this subchapter."

 

Sections 1439 and 1440 are INA 328 and 329.

 

Then finally USCIS Policy Manual Volume 12, Part I, Chapter 3, A:

"The applicant must demonstrate good moral character for at least 1 year prior to filing the application until the time of his or her naturalization."

 

So it's kinda on him for not seeking naturalization while in active service, and not seeking it after meeting 1 year of good moral character following the drug conviction, timing would depend on when he completed his probation but I doubt he'd be in probation that long, he could likely still argue that INA 328(e) exempts him from the normal good moral character requirements.

 

 

 

Edited July 5 by Demise

[powerpuff 6,697]

20 hours ago, Timona said:

So, then, how was he able to join the Marines in the first place? 

There’s a program called MAVNI that allows that. An acquaintance of mine from college (international student) was looking into it but ultimately decided not to apply:

 

”The MAVNI program, authorized by the Department of Defense in 2008, allowed certain individuals who were not U.S. citizens, nationals, or lawful permanent residents to enlist if they had skills considered vital to the national interest”

https://www.uscis.gov/military/military-naturalization-statistics#:~:text=The MAVNI program%2C authorized by,vital to the national interest.
 

 

This is from 2015 so eligibility criteria change every time i believe depending on what the military needs:

https://dod.defense.gov/news/mavni-fact-sheet.pdf

 

[JeanneAdil 6,498]

1 hour ago, Demise said:

 

It looks like he's an LPR for an indeterminate amount of time since the NBC article says "Just days before their trip, she said he received his recently renewed Green Card". At least 10 years but he equally well might've been an LPR back when he originally enlisted. However naturalization under the military provisions should remain as a defense to removal.

 

Of note are INA 328(e) (8 USC 1439(e)):
Moral character:

"Any such period or periods of service under honorable conditions, and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of compliance with the provisions of section 1427(a) of this title", which points to:

INA 316(a)(3) (8 USC 1427(a)(3)):

"during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States."

 

INA 318 (8 USC 1429) Prerequisite to naturalization; burden of proof:

Except as otherwise provided in this subchapter, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. The burden of proof shall be upon such person to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigrant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry, in the custody of the Service. Notwithstanding the provisions of section 405(b),¹ and except as provided in sections 1439 and 1440 of this title no person shall be naturalized against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act; and no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act: Provided, That the findings of the Attorney General in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this chapter, shall not be deemed binding in any way upon the Attorney General with respect to the question of whether such person has established his eligibility for naturalization as required by this subchapter."

 

Sections 1439 and 1440 are INA 328 and 329.

 

Then finally USCIS Policy Manual Volume 12, Part I, Chapter 3, A:

"The applicant must demonstrate good moral character for at least 1 year prior to filing the application until the time of his or her naturalization."

 

So it's kinda on him for not seeking naturalization while in active service, and not seeking it after meeting 1 year of good moral character following the drug conviction, timing would depend on when he completed his probation but I doubt he'd be in probation that long, he could likely still argue that INA 328(e) exempts him from the normal good moral character requirements.

 

it is not stated in any of the media reports that he applied for ROC prior to now,  so he could have been in the system (computer) as illegal after he finished serving 

and 3 years instead of 4????

 

Edited July 5 by JeanneAdil

[Timona 4,207]

@powerpuff

I know about MAVNI. Most F-1 students in my university used that loophole to quickly become USC. It was discontinued around 2017, if memory serves me right. 

 

But even with MAVNI, as soon as one successfully completed basic training, they became USC. But you had to have some status when enlisting, which for most of my friends was F-1.