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Removing conditions and naturalization (loophole?)

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Filed: AOS (pnd) Country: Argentina
Timeline

Hello all! I've posted this question also under the naturalization section of the forum. In a nutshell...

I've been married less than 2 years, my AOS interview is this coming 11/25 and there's a 99.99% chance I will have to remove conditions within 2 years of my approval date. HOWEVER... I will be enlisting in the Air Force within days of receiving my green card. Those who enlist and serve honorably are eligible for naturalization after just one day of serving.

Is it possible to get naturalized before the 2-year conditional window expires???

I got my info from here...

Link to INA329

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

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

(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 conditional/non-conditional 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?

Thanks. :thumbs:


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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Filed: Other Timeline

Although a conditional LPR, you are an LPR the moment your AOS is approved.

I have no doubts that after a year of honerable service, you are eligible to apply for accelerated naturalization. What I'm not sure about is whether or not the term of "hostilities" applies to you. The US is always engaged in some kind of hostility somewhere, whether Vietnam, Korea, Gulf War 1, Grenada, Gulf War 2, Afghanistan, so we never really have any "real" peace and won't have any as long as special interests benefit so massively from the war machinery.

If you were send to a war zone, however, and happen to survive the tour, you surely could apply for naturalization right afterward. I doubt that you can send your application the moment the ink on your enlistment contract dries, as you haven't started your service by then. The idea behind all of this is to allow people who are send into war zones, to die as Americans. That's the ultimate reward a country can give those who serve it.

May the force be with you.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Hello all! I've posted this question also under the naturalization section of the forum. In a nutshell...

I've been married less than 2 years, my AOS interview is this coming 11/25 and there's a 99.99% chance I will have to remove conditions within 2 years of my approval date. HOWEVER... I will be enlisting in the Air Force within days of receiving my green card. Those who enlist and serve honorably are eligible for naturalization after just one day of serving.

Is it possible to get naturalized before the 2-year conditional window expires???

I got my info from here...

Link to INA329

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

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

(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 conditional/non-conditional 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?

Thanks. :thumbs:

Hola!

veo que es de Argentina, asi que voy a suponer que habla espanol. disculpeme, si estoy equivocada.

Bueno, yo creo que si usted sirve 1 ano en el servicio militar, tiene derecho a aplicar para ciudadania 90 dias antes de completar el ano de servicio. asi que creo que remover las condionales en la green card no seria necesario.

yo tambien queria entrar a la fuerza aerea, pero tenia menos de 2 anos de vigencia en mi green card y yo creo que ese es uno de los requisitos. asi que apenas recibe su tarjeta verde debe de ir a ver a su recluta y averiguar.

Yo se que el army acepta residentes condicionales con al menos 6 meses de vigencia en la tarjeta verde.

De todos modos, averiguese. Yo puedo estar equivocada.

Suerte!


Naturalization:

11/22/2010 Sent N400. Day 01

11/30/2010 Check cashed. Day 08

12/02/2010 NOA. Day 10

12/10/2010 Biometrics. Day 18

02/17/2011 Interview. Day 85

02/17/2011 Oath Ceremony. Day 85

02/18/2011 Applied for U.S. Passport Book/Card. Day 86

02/23/2011 Passport application received. Day 91

03/10/2011 Passport book received. Day 106

03/11/2011 Certificate of Naturalization returned. Day 107

03/12/2011 Passport card received. Day 108

My Immigration journey is finally over yes!!!

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Hello all! I've posted this question also under the naturalization section of the forum. In a nutshell...

I've been married less than 2 years, my AOS interview is this coming 11/25 and there's a 99.99% chance I will have to remove conditions within 2 years of my approval date. HOWEVER... I will be enlisting in the Air Force within days of receiving my green card. Those who enlist and serve honorably are eligible for naturalization after just one day of serving.

Is it possible to get naturalized before the 2-year conditional window expires???

I got my info from here...

Link to INA329

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

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

(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 conditional/non-conditional 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?

Thanks. :thumbs:

Hola!

veo que es de Argentina, asi que voy a suponer que habla espanol. disculpeme, si estoy equivocada.

Bueno, yo creo que si usted sirve 1 ano en el servicio militar, tiene derecho a aplicar para ciudadania 90 dias antes de completar el ano de servicio. asi que creo que remover las condionales en la green card no seria necesario.

yo tambien queria entrar a la fuerza aerea, pero tenia menos de 2 anos de vigencia en mi green card y yo creo que ese es uno de los requisitos. asi que apenas recibe su tarjeta verde debe de ir a ver a su recluta y averiguar.

Yo se que el army acepta residentes condicionales con al menos 6 meses de vigencia en la tarjeta verde.

De todos modos, averiguese. Yo puedo estar equivocada.

Suerte!

English is mandatory in immigration forums - you can use Spanish for pms or regional forums.


ROC 2009
Naturalization 2010

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Filed: AOS (pnd) Country: Argentina
Timeline
Although a conditional LPR, you are an LPR the moment your AOS is approved.

I have no doubts that after a year of honerable service, you are eligible to apply for accelerated naturalization. What I'm not sure about is whether or not the term of "hostilities" applies to you. The US is always engaged in some kind of hostility somewhere, whether Vietnam, Korea, Gulf War 1, Grenada, Gulf War 2, Afghanistan, so we never really have any "real" peace and won't have any as long as special interests benefit so massively from the war machinery.

If you were send to a war zone, however, and happen to survive the tour, you surely could apply for naturalization right afterward. I doubt that you can send your application the moment the ink on your enlistment contract dries, as you haven't started your service by then. The idea behind all of this is to allow people who are send into war zones, to die as Americans. That's the ultimate reward a country can give those who serve it.

May the force be with you.

Thanks Bob. I agree and also understand with your points.

As for the "period of hostility" as defined by USCIS:

  • April 6, 1917 to November 11, 1918
  • September 1, 1939 to December 31, 1946
  • June 25, 1950 to July 1, 1955
  • February 28, 1961 to October 15, 1978
  • August 2, 1990 to April 11, 1991
  • September 11, 2001 until the present
The current designated period of hostilities starting on September 11, 2001, will terminate when the President issues an Executive Order terminating the period.

Also...

Generally, members of the U.S. armed forces who serve honorably for any period of time (even 1 day) during specifically designated periods of hostilities. Also...

  • Have served honorably in active-duty status, or as a member of the Selected Reserve of the Ready Reserve, for any amount of time during a designated period of hostilities and, if separated from the U.S. armed forces, have been separated honorably
  • Have been lawfully admitted as a permanent resident at any time after enlistment or induction, OR have been physically present in the United States or certain territories at the time of enlistment or induction (regardless of whether the applicant was admitted as a permanent resident)

So by my understanding of the law, as written, anyone who enlists today could apply for accelerated naturalization as early as the day after tomorrow.

I agree with you 100% that the reason this section of law was created was to reward those who served (note the past tense) and may have died while in service. However, it seems the law goes further than that.


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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well, that's too bad. I didnt read that anywhere. Well, I'm sorry. oooopppppsss :blush:


Naturalization:

11/22/2010 Sent N400. Day 01

11/30/2010 Check cashed. Day 08

12/02/2010 NOA. Day 10

12/10/2010 Biometrics. Day 18

02/17/2011 Interview. Day 85

02/17/2011 Oath Ceremony. Day 85

02/18/2011 Applied for U.S. Passport Book/Card. Day 86

02/23/2011 Passport application received. Day 91

03/10/2011 Passport book received. Day 106

03/11/2011 Certificate of Naturalization returned. Day 107

03/12/2011 Passport card received. Day 108

My Immigration journey is finally over yes!!!

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Filed: Timeline
well, that's too bad. I didnt read that anywhere. Well, I'm sorry. oooopppppsss :blush:

Once you obtain your greencard (2 or 10yr) and you join the armed forces, you are immediately eligible for citizenship. I have friends and family who obtained theirs through this route.

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