N400 discharged

[benkat9596 3]

Hey guys,

 

So I have a question regarding the status of my N400 application. Bit of background, I am a conditional green card holder, earlier this year I made a decision, I was loving life in the United States with my awesome wife and beginning to feel a deeper bond with my new nation so I decided to enlist in the miliary. I wasn't even fully aware I could naturalize until just before I shipped out a few months ago, but I filled out all the paperwork after shipping out with the Army naturalization liason back in September. My N400 is currently being processed according to the case status checker, but here's where it gets complicated. So, I didn't make it through basic and received an entry level seperation due to a medical condition (uncharacterized discharge),  I am fully aware I will not be taking citizenship this way, but now obviously my packet has been sent off and they are working on it. I want to know how to proceed to withdraw my application. I spoke to an immigration attorney briefly and he was unsure, he said you can wait for the denial, you can voluntarily withdraw it or, if the checks are already done it may already be ready for interview and I can tell the case officer at the interview that I have been discharged and do not wish to proceed. Does anyone have any input on what to do? Also, seeing as at time of application I was on active duty orders & the paperwork was signed off and certified by the military saying I was on active duty orders, how will they even know I have been discharged as that information was not given at the time? Sorry for all the questions, just want to cover all bases!

 

Thanks guys

[Ischnura 285]

 Write a letter withdrawing your application and explain you didn't complete the minimum time of service required. Enclose a copy of your DD214. 

 

 They'll know you've been discharged since you're telling them and your DD214 is dated. You can refile yourself after 3 years of being an LPR without discrimination.

[benkat9596 3]

Thanks for the response! One thing however, I joined the National guard, so although separated from active duty, I'm still awaiting my full discharge documentation so I could not include that (I was told i'll receive it in 4 months). I was also told that you simply can put 'I am voluntarily withdrawing my N-400'  no need to specify a reason etc. because i'm simply withdrawing the application, is that correct?

 

Thanks again

[Ischnura 285]

 Last I knew you receive your DD214 at discharge. Anyhoo, you don't have to give them a reason for why you're withdrawing the application just be sure to include your receipt number and A#. 

[benkat9596 3]

You're right! Just checked the documents I got on discharge from my active duty orders, I did get a DD214! I guess I was confused as i'm being discharged twice, once from AD and once from the Guard. 

[Chiboyconsulting 0]

I am hoping you haven't withdrawn your application, because you still qualify for the required time in service since we are currently in "hostile times" (Sept 11, 2001 to date). Provided you weren't "dishonorably discharged" or "other than honorable conditions" you should be able to still get naturalized. Just go to your interview with your DD214.

I want to reiterate we are in hostile times, so you don't need to serve for 1 year to qualify, just enlisting in hostile times qualifies you.

[Jack88 15]

On 1/10/2018 at 7:36 PM, Chiboyconsulting said:

I am hoping you haven't withdrawn your application, because you still qualify for the required time in service since we are currently in "hostile times" (Sept 11, 2001 to date). Provided you weren't "dishonorably discharged" or "other than honorable conditions" you should be able to still get naturalized. Just go to your interview with your DD214.

I want to reiterate we are in hostile times, so you don't need to serve for 1 year to qualify, just enlisting in hostile times qualifies you.

Sorry to be the bearer of bad news but this is not accurate any longer. According to newly enacted regulations by DOD (October 2017) the requirements for citizenship based on military service were changed. Before, you could apply for citizenship with only one day of active duty service because like you said we are in a period hostilities. However, with the new regulations you have to have at least 180 days (6 months) of active duty service in order to be eligible to apply, regardless of serving during hostilities or anything. So judging by the information he provided he does not have the 180 day active duty requirement given the fact he didn't even complete basic military training which ranges from 8 to 13 weeks depending on the branch.

[DimmyTheWeasel 4]

On 1/29/2018 at 7:36 PM, Jack88 said:

Sorry to be the bearer of bad news but this is not accurate any longer. According to newly enacted regulations by DOD (October 2017) the requirements for citizenship based on military service were changed. Before, you could apply for citizenship with only one day of active duty service because like you said we are in a period hostilities. However, with the new regulations you have to have at least 180 days (6 months) of active duty service in order to be eligible to apply, regardless of serving during hostilities or anything. So judging by the information he provided he does not have the 180 day active duty requirement given the fact he didn't even complete basic military training which ranges from 8 to 13 weeks depending on the branch.

To anyone reading this post in 2024, as of August 2nd 2022, an uncharacterized discharge WILL qualify you for citizenship. USCIS had a policy update after they were sued.

Source: USCIS Policy Update

The Lawsuit: Alam vs USCIS

[powerpuff 5,906]

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