Questions about the Green Card

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The Viking

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I read a story yesterday about a Swedish guy who had signed up in the US army, after wetbacking in NYC for 8 years. So, it makes me wonder what the rules are in reality, not just what they are officially. I've heard from various sources that one can get a green card by serving a tour in the US armed forces, however, someone on a swedish forum who had talked to a recruiter said he was told "Get a green card first, then you can sign up.". So, anyone who know what the deal really is here? If its possible, I'm all for it. I'm young, decently fit, no health issues etc.
I figure I'll know by the end of the year if I've gotten one through the lottery, however, if that doesn't works, I'd be willing as hell to sign up to get one...

Edit: Didn't know whether to post it here or on APS. I figure it fits here though...
 
I heard of simmular things where people without full-citizenship will gain citizenship in the army. They probably allready have a green-card, but the idea is .... if your willing to die for a country, you should be a 100% citizen of that country.


But, not sure where you would find this information out.
 
I've sent off an email to the reporter who did the interview with the guy, I'll try to get an email adress or some other way of contacting the guy, so I can ask him if he had a green card when he signed up...
 
If I have served in the U.S. Military can this help in my application for citizenship?

If a person has been a permanent resident or green card holder and has been serving, or has served, in the U.S. Military for three years or longer, s/he may be eligible to apply for U.S. citizenship. In addition, some of the other requirements for citizenship could be waived. Also, if one has fought for the U.S. during a period of active hostilities, such s/he may be able to file for citizenship directly without even having been a permanent resident of the U.S.! It is advisable to discuss these issues with an immigration attorney if you believe that you fall into one of these categories and could be eligible for expedited citizenship processing.
Click to expand...

http://www.uscitizenship.info/citizenship-lib-military.htm
 
Anecdotal, but.....

A relative of mine (who was in Iraq near the beginning of the war) said he went through bootcamp with several people who were in simply to get citizenship.
 
The rule is, "There are always exceptions."

I talked with an Army Reservist that came over on a "Visitor for Business/Pleasure" (B1/B2) visa, then signed up with the army once admitted into the US. The recruiter marched him over to the local Immigration office where he obtained a "Green Card" (I-551).

In effect, this guy "adjusted status" from visitor to permenant resident. The thing is, according to the Immigration and Naturalization Act, you can't adjust from visitor to permenant resident.

Joining the US military shows a willingness to "support and defend". I would tend to applaud this exception.

Semper Gumby
 
It use to happen. I have had a couple of soldiers (long ago) join up and get their Citizenship at the end of their first hitch if their Chain of Command signed off on the paper work. These people were some of the best soldiers and, I believe, became very good Citizens.
Not sure about green cards.
 
I served with quite a few non citizens however, I believe they had green cards.
I believe, if you serve honorably, you should be eligible for citizenship. Might be wrong about that.
Found this:

In 2004, President Bush signed an order allowing all active-duty immigrants serving as of Sept. 11, 2001, to apply for U.S. citizenship without waiting the usual three years, and without having to be physically present in the States in order to apply. Now, immigrants serving in the army, navy, marine corps, air force, coast guard, parts of the national guard and Selected Reserve of the Ready Reserve may be eligible to apply for citizenship if they can 1) Demonstrate good moral character/have no criminal record, 2) can speak English, 3) can demonstrate knowledge of U.S. government and history, and take an oath of allegiance to the U.S. Constitution. The applicant must also have served honorably during one year of conflict, have a green card, or have been present in the U.S. at time of enlistment. The application must be filed within six months of discharge.
Click to expand...

Faster, Easier Citizenship for Military Personnel
I don't know exactly how that works but, it appears if you can get here, and get signed up you can get citizenship without getting a green card.

Now, you have to find out if they will sign you up.
 
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Working without legal documents is against the law, whether for the military or Walmart. One legal document would be a Resident Alien Card, I-551. There are other documents such as the Employment Authorization Card, I-688, that would be used to enable someone to work in the US while under a program such as the amnesty program for example. The military has a goal to assist resident aliens to become citizens while in the military, one of the benefits of serving. Many resident aliens have served their careers in the military without becoming citizens.

As for a temporary visitor being walked over to the Immigration office for a green card, I doubt that has happened in a long time if ever. To adjust status from non-immigrant visitor to legal resident requires in most cases a family member (USC or legal resident) petitioning for that person to live in the US. The process can easily take two years or more, may have substancial penalties, and could be rejected. Mr. Recrutment Officer wanting a warm body would not get much assistance from the heartless government souls there.

Things may have been very different during Viet Nam. I was in grade school then so I can't help you with ancient history.
 
I heard of simmular things where people without full-citizenship will gain citizenship in the army.
Click to expand...

Its not automatic, but it helps expedite the process. You still have to file the paperwork and meet some eligibility criteria.
 
I'm in an Immigration Law class right now as part of my paralegal certification, so, although I am not a lawyer I will share a few things. (Do not use this as legal advice, consult an attorney, bridge may be icy, etc.)

First, to clarify, a United States Permanent Resident Card (called a green card even though its beige) is what makes you legal permanent resident. You can live and work in the US forever-and-a-day as a "LPR," your not a citizen but you have every other legal ability and duty as any other US resident... yoou just can't do the "citizen only" thugns that most US citizens don't do anyway: vote, serve on a jury, run for office...

Once you have you LPR status, you don't need to worrry about your visa status. Work, play, travel, whatever. Your here now, and unless you do something that will cause USCIS to start "removal procedings" your here to stay.

The next step for most is to seek citizenship through naturalization. There are many requirments, of course, and the process can be a bear. (We just ran a workshop here where LPRs throughout the community could come and have paralegals and attorneys prepare all the paperwork for $20 instead of the hundreds normal spent on legal fees. It costs - minimum - $400 in filing fees jusat to hand DHS the paperwork.)

One big requirment/restriction is the amount of time in the country as an LPR. Normally its five years, with some limits on the amount of time spent outside the US. There are several ways to shorten this: marriage to a US citizen, and military service, are the most common.

Now, as for signing up for the military in order to gain LPR status in the first place? Well, we ain't covered that yet :p but it is possible, albeit tricky, to do this.

"Entry Without Inspection" (legal talk for illegal entry) is a crime, however, which will virtually guarentee that you never gain LPR or Naturalization. It should also, iirc, bar you from military service.
 
Fast tracking

If a person wants to fast track his citizenship buy enlisting in our military, all the power to them. they are earning their rights, not the gift our childern get off of someone elses back.
 
Winddummy,your not advocating some type of Starship Troopers citizenship only after federal service are you?

Being born on American soil makes you an American, been that way since 1789... and I'm just as red-white-and-blue as any veteran, natural born or naturalized.

Although I respect and admire our soldiers, I don't think they're somehow more American than those who never served. Further, I don't see how the natural born citizens are less patriotic then those who came her voluntarily.

(Although, they can probably spell better than me :rolleyes: )
 
In the past, some foreign nationals who worked for the US government/military overseas could get their greencard. A family friend got his after working 15 years at US medical facilities in Taiwan and the Philippines.
 
Thain- I'll give you an "A" for your report. You'll probably do well in your profession. Well written and mostly correct. Having a green card does not make you a resident alien, it is proof that you are a resident alien. A person is made a resident through an approved petition process and as the result is issued proof they are a resident alien. "La mica". A small difference but in the legal profession, you must be exact.

Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. From the CIS website.

Quote:
"Entry Without Inspection" (legal talk for illegal entry) is a crime, however, which will virtually guarentee that you never gain LPR or Naturalization. It should also, iirc, bar you from military service." Unquote.

I'm sure you've read your law books carefully, but in world of government processes, never say never. I have seen EWI's adjust status which would allow them to serve in the military and gain citizenship. Usually by crossing illegally, finding a nice fat US citizen wife, having a flock of kids and acting stupid when questioned in the interviews as to how he came into the country. Bienveinidos.

And no, I do not work for that particular government agency.
 
Pevey : There is a big difference between what I would put in an office legal memo, a report to my professors, and a post on a message board.

"Getting you Green Card makes you an LPR," is meant to carry the same level of precission as "I got my Driver's License, now I can drive."

"Entry Without Inspection" with typically be grounds for removal, with no chacne at becoming an LPR. There are, of course, exceptions and work-arounds... if anyone reading this thinks otherwise, well, :banghead:

"[C]rossing illegally, finding a nice fat US citizen wife, having a flock of kids and acting stupid when questioned in the interviews as to how he came into the country."

This is, in fact, a text-book example of how not to get naturalized, even with a US citizen spouse. The entry without inspection kills your chances. Now, you might have seen illegal immigrant who entered on a proper visa and overstayed... Or they file an amnesty application at the last hour.

There are any number of ways to become legal even if you were illeagal earlier in the process.The process is long, hard, expenssive, and confussing. Many immigrants have no reason to trust our government... after all, if you came here fleeing a Nazi Commie Ba'athist Khemere Rouge regime, you might have some issues trusting your freindly local DHS agents...
 
There are several ways to shorten this: marriage to a US citizen...
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This isn't quite right...marriage does not expedite the process. When you get married and apply for residency you are issued a 2 year temp green card. After 2 years and providing proof that your marriage is not a sham then you get a regular green card. After 5 years of the regular card then you can apply for citizenship. It actually takes longer if you go through marrying a citizen.

My brother went through this process...I'm going through it now and this is how it was explained to me.
 
When you get married and apply for residency you are issued a 2 year temp green card. After 2 years and providing proof that your marriage is not a sham then you get a regular green card.
Click to expand...

True if you are married for less than 2 years when you apply. Otherwise, a permanent greencard is issued right away.

After 5 years of the regular card then you can apply for citizenship. It actually takes longer if you go through marrying a citizen.
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Not true.

Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

* the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
o the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and
o the applicant meets all other naturalization requirements.

http://www.uscis.gov/portal/site/us...nnel=d6f4194d3e88d010VgnVCM10000048f3d6a1RCRD
 
Yep, like Mike said, five years normally and three years with a marriage.

To answer the OP's question, your best bet is to talk to a good immigration attorney. No if's, and's, or but's about it. Immigration is a complex process. I do not want anyone to think I am giving you legal advice, but it would be worth speaking with someone.

The American Immigration Lawyers Association is a good place to start. According to the website, these lawyers all speak Swedish. My guess, is that if they speak Swedish, they'll know a bit about immigration from Sweden :)

AILA does have members that practice internationally, living in... say... Stockholm and licensed in both countries. Could be worth a look.
 
The American Immigration Lawyers Association is a good place to start. According to the website, these lawyers all speak Swedish. My guess, is that if they speak Swedish, they'll know a bit about immigration from Sweden
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There ya go! Some really useful information from a real (sort of) internet lawyer.;)
 
Ah! No! Look, I realize that this forum is pretty anonymous, but I must stress as a matter of law, ethics, and plain old common sense:

*ahem*

I am not a lawyer. I am not allowed to or capable of giving legal advice. Comments, opinions, information, or any other posting made by Thain carries no legal weight. Your mileage may varry. Do not expose to direct sunlight. Slippery when wet. Harmful if swallowed.
 
I know personally of two cases in which a Mexican woman "entered without inspection" and married an American man. In both cases they applied for permanent residency from within the United States. They received an appointment at a consulate in Mexico to review the case. At the review they were told to wait for further notice and warned to not cross back into the United States.

One of those waited 10 months and was given permanent residency. She is now an American citizen. The other is still in Mexico after 12 months.

From what I've read, if you can convince an American to marry you, it's best to get married in your home country and apply for temporary residency which must be approved immediately if the conditions are met.

Then you can come over here and enjoy our Second Amendment and shoot all the guns you want.
 
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