Military service to be citizen (Army, reserves, Air Force, Navy)

[sailordave]

Reconnected with a buddy from my first ship. He is from the Philippines and he retired from the Navy. He's living in California and is still trying to become a US Citizen. It's frustrating for him to see how much the government is helping illegal aliens from south of the border and yet he's still fighting to become a legal citizen after having served 20 years in this country's Navy. He served on the ship during the steam leak that killed 10 of his buddies and served during Desert Storm.

[bellhead]

I remember that incident, it was a gator freightor if I remember correctly...

[ArtyGuy]

I'm not sure why he's having such a hard time considering the federal government implemented a streamlined process for SMs and veterans. I've seen Soldiers from many different countries take advantage of it.

Here is a start point. Streamlined Citizenship for Servicemembers and Veterans | Military.com

[sailordave]

Originally Posted by bellhead

I remember that incident, it was a gator freightor if I remember correctly...

USS Iwo Jima LPH-2. Got my orders to go to the ship right after it happened.

[dmarie123]

He must have missed the boat somewhere, citizenship is practically automatic if you have served. Can he not pass the exam? Or does he have criminal records.

Something isn't right with this story. You can't generally re-enlist if you don't gain citizenship in your first term... how did he serve 20 years?

[bellhead]

dmarie...

The navy used to take a certain amount of Filippinos each year to serve in the food service industry where many after their first terms became stewards to O-6 and above. Here's an article to their service... Also in the Navy Mess Specialist is one of the few jobs which doesn't require a security clearance.

From Stewards to Admirals: Filipinos in the U.S. Navy - NAM

[rotwein]

"he's still fighting to become a legal citizen after having served 20 years in this country's Navy"

Could he be in this country illegaly?

[Poncho_NM]

Originally Posted by sailordave

Reconnected with a buddy from my first ship. He is from the Philippines and he retired from the Navy. He's living in California and is still trying to become a US Citizen. It's frustrating for him to see how much the government is helping illegal aliens from south of the border and yet he's still fighting to become a legal citizen after having served 20 years in this country's Navy. He served on the ship during the steam leak that killed 10 of his buddies and served during Desert Storm.

This just does not sound correct.


He served in the US Navy for 20 years? As an active duty 'sailor'?

But we do not really have the entire story...

[dmarie123]

Originally Posted by bellhead

dmarie...

The navy used to take a certain amount of Filippinos each year to serve in the food service industry where many after their first terms became stewards to O-6 and above. Here's an article to their service... Also in the Navy Mess Specialist is one of the few jobs which doesn't require a security clearance.

From Stewards to Admirals: Filipinos in the U.S. Navy - NAM

Alright, I stand corrected. I guess that is just an Air Force rule. In the Air Force, you can serve only one enlistment without gaining citizenship. If you haven't gained it, you must seperate after your first term. The Navy is different. Sorry.

Still, there must be more to the story- the actual laws:
"Peacetime Military Service: Under INA Section 328, persons who have served in the U.S. Armed Forces (including active duty, reserves, or national guard), can file for Naturalization based on their current or prior U.S. military service. The requirements for eligibility are that the applicant must have served honorably or have separated from the service under honorable conditions, have completed one year or more of military service, and be a legal permanent resident at the time of his or her examination by USCIS on the Form N-400, Application for Naturalization. This used to be three years, but Congress changed it to one year in 2002. Filing for naturalization under this provision of the law, Section 328 of the Immigration and Nationality Act of 1952, as amended (INA), excuses the applicant from any specific period of residence or physical presence within the United States, so long as the application is filed while the applicant is still serving with the military or within 6 months of an honorable discharge.

Service During Hostilities : By Executive Order Number 13269, dated July 3, 2002, President Bush declared that all those persons serving honorably in active-duty status in the Armed Forces of the United States at any time on or after September 11, 2001 until a date to be announced, are eligible to apply for naturalization in accordance with the service during hostilities statutory exception in Section 329 of the INA to the naturalization requirements. This means that individuals with even one day of honorable active duty service can apply for citizenship, regardless of how long they have been a resident. Note: Under this provision, individuals who apply for citizenship after discharge must present a DD Form 214, with service characterized as "Honorable," or "General." Those with other characterizations (including Entry Level Separation), are not eligible. Section 329 of the INA also applies to service-members who served on active duty during World War I, World War II, the Korean Conflict, the Vietnam Conflict, and Operation Desert Shield/Desert Storm. "

From- Becoming a Citizen in the U.S. Military



"Applying for U.S. Citizenship During Time of War

Any immigrant who enlists with the United States Armed Forces can apply for expedited naturalization. Because the United States is in a time of war, an immigrant—documented or undocumented—who serves in active-duty status may apply for expedited naturalization through military service. Immigrants who enlist during a time of war can apply for naturalization after only one day of service and have the citizenship application fee waived.
In general, to apply for naturalization through military service, you must meet the other requirements for naturalization, including showing that you have "good moral character," pass the English literacy and civics test, and swear attachment to the principles of the U.S. constitution by taking the Oath of Allegiance." From U.S. Citizenship through Military Service/Naturalization through Military Service, U.S. Army citizenship

[sailordave]

I don't know all the details of his situation. I choose not to ask too many personal questions. What I know of his situation he volunteered. Also, his English isn't perfect and he does still have problems with some slang or sayings. Thanks to cable/satellite TV providers, he can view TV and movies from his native land thus reinforcing his language and possibly impact his English language knowledge. He lives in California in a Philippino community.