Like many immigrants, the path to U.S. citizenship is a long and arduous one. Not so for those immigrants that join the military. For these few the path to citizenship has been expedited though special rule of the INA (Immigration and Nationality Act) for members of the military. Special rules of the Immigration and Nationality Act (INA) empowers the U.S. Citizenship and Immigration Services (USCIS) to expedite the application and naturalization process for existing members of the U.S. armed forces and newly discharged members.
Generally, qualifying military service includes service with one of the following military branches: Army, Navy, Air Force, Marine Corps, Coast Guard, certain sections of the National Guard and the Selected Reserve of the Ready Reserve. Additionally, spouses of members of the U.S. armed forces who are or will be deployed may be eligible for expedited naturalization. Other sections of the law also permit certain spouses to complete the naturalization process abroad.
A member of the U.S. armed forces must meet the requirements and qualifications to become a citizen of the United States. He or she must demonstrate:
Good moral character
Knowledge of the English language
Knowledge of U.S. government and history (civics), and
Attachment to the United States by taking an Oath of Allegiance to the U.S. Constitution
Following is information about the U.S. Military and becoming a U.S. citizen.
Citizenship for Military Members & Dependents (USCIS)
The Army's New Recruitment Program for Persons with Temporary Visas (2-23-09)
MILITARY ACCESSIONS VITAL TO NATIONAL INTEREST (MAVNI) RECRUITMENT PILOT
Learn More About Army's Pilot Program for Recruiting Nonimmigrants with Strategic Language Skills
Naturalization Information for Military Personnel (USCIS)
USCIS LAUNCHES TOLL-FREE MILITARY HELP LINE (8-13-07
USCIS Fact Sheet: Military Naturalizations (5-24-07)
INS Memo - Implementation of Executive Order 13269 (7-17-02)
Qualified members of the U.S. armed forces are exempt from other naturalization requirements, including residence and physical presence in the United States. These exceptions are listed in Sections 328 and 329 of the INA.
Vermont Sen. Bernie Sanders, an Independent who is running for president as a Democrat, became upset when an NPR host inferred that he holds a dual citizenship with the United States and Israel.
"Senator, you have dual citizenship with Israel," NPR host Diane Rehm said during a discussion Wednesday.
Sanders immediately responded, saying, "No, I do not have dual citizenship with Israel. I'm an American. I don't know where that question came from."
Dual nationality is the simultaneous possession of two citizenships. The Supreme Court of the United States has stated that dual nationality is "a status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. The mere fact that he asserts the rights of one citizenship does not without more mean that he renounces the other", Kawakita v. U.S., 343 U.S. 717 (1952). (The Consulate General does not have Supreme Court cases on file; interested parties may wish to consult with local law school libraries.) The concepts discussed in this leaflet apply also to persons who have more than two nationalities.
How is Dual Citizenship acquired?
Dual nationality results from the fact that there is no uniform rule of international law relating to the acquisition of nationality. Each country has its own laws on the subject, and its nationality is conferred upon individuals on the basis of its own independent domestic policy. Individuals may have dual nationality not by choice but by automatic operation of these different and sometimes conflicting laws.
The laws of the United States, no less than those of other countries, contribute to the situation because they provide for acquisition of U.S. citizenship by birth in the United States and also by birth abroad to an American, regardless of the other nationalities which a person might acquire at birth. For example, a child born abroad to U.S. citizens may acquire at birth not only American citizenship but also the nationality of the country in which it was born. Similarly, a child born in the United States to foreigners may acquire at birth both U.S. citizenship and a foreign nationality.
The laws of some countries provide for automatic acquisition of citizenship after birth -- for example, by marriage. In addition, some countries do not recognize naturalization in a foreign state as grounds for loss of citizenship. A person from one of those countries who is naturalized in the United States keeps the nationality of the country of origin despite the fact that one of the requirements for U.S. naturalization is a renunciation of other nationalities.
Current law and policy regarding Dual citizenship
The current nationality laws of the United States do not specifically refer to dual nationality. The automatic acquisition or retention of a foreign nationality does not affect U.S. citizenship; however, under limited circumstances, the acquisition of a foreign nationality upon one's own application or the application of a duly authorized agent may cause loss of U.S. citizenship under Section 349 (a)(1) of the Immigration and Nationality Act [8 U.S.C. 1481 (a)(1)].
In order for loss of nationality to occur under Section 349 (a)(1), it must be established that the naturalization was obtained voluntarily by a person eighteen years of age or older with the intention of relinquishing U.S. citizenship. Such an intention may be shown by the person's statements or conduct, Vance v. Terrazas, 444 U.S. 252 (1980), but as discussed below in most cases it is assumed that Americans who are naturalized in other countries intend to keep their U.S. citizenship. As a result, they have both nationalities.
United States law does not contain any provisions requiring U.S. citizens who are born with dual nationality to choose one nationality or the other when they become adults, Mandoli v. Acheson, 344 U.S. 133 (1952).
While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government does not endorse dual nationality as a matter of policy because of the problems which it may cause. Claims of other countries upon dual-national U.S. citizens often place them in situations where their obligations to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper efforts to provide diplomatic and consular protections to them when they are abroad.
Allegiance to which country?
It generally is considered that while dual nationals are in the country of which they are citizens that country has a predominant claim on them.
As with Americans who possess only U.S. citizenship, dual national U.S. citizens owe allegiance to the United States and are obliged to obey its laws and regulations. Such persons usually have certain obligations to the other country as well. Although failure to fulfill such obligations may have no adverse effect on dual nationals while in the United States because the other country would have few means to force compliance under those circumstances, dual nationals might be forced to comply with those obligations or pay a penalty if they go to the country of their other citizenship. In cases where dual nationals encounter difficulty in a foreign country of which they are citizens, the ability of U.S. Foreign Service posts to provide assistance may be quite limited since many foreign countries may not recognize a dual national's claim to U.S. citizenship.
Which passport to use when you enter a country?
Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) requires U.S. citizens to use U.S. passports when entering or leaving the United States unless one of the exceptions listed in Section 53.2 of Title 22 of the Code of Federal Regulations applies. (One of these exceptions permits a child under the age of 12, who is included in the foreign passport of a parent who has no claim to U.S. citizenship, to enter the United States without a U.S. passport, provided the child presents evidence of his/her U.S. citizenship when entering the United States.) Dual nationals may be required by the other country of which they are citizens to enter or leave that country using its passport, but do not endanger their U.S. citizenship by complying with such a requirement.
How to give up dual nationality?
Most countries have laws which specify how a citizen may lose or divest citizenship. Generally, persons who do not wish to maintain dual nationality may renounce the citizenship which they do not want. Information on renouncing a foreign nationality may be obtained from the foreign country's Embassies and Consulates or from the appropriate governmental agency in that country.
Americans may renounce their U.S. citizenship abroad pursuant to Section 349 (a)(5) of the Immigration and Nationality Act [8 U.S.C. 1481 (a)(5)]. Information on renouncing U.S. citizenship may be obtained from U.S. Embassies and Consulates and the office of Citizens Consular Services, Department of State, Washington, D.C. 20520.
Furthermore, an American citizen who is naturalized as a citizen of another country voluntarily and with intent to abandon his/her allegiance to the United States may so indicate their intent and thereby lose U.S. citizenship. See below for further information.
For further information on dual nationality, see Marjorie M. Whiteman's Digest of International Law (Department of State Publication 8290, released September 1967), Volume 8, pages 64-84.
U.S. Immigration and Customs Enforcement's (ICE) has filed a report summarizes Fiscal Year (FY) 2014 civil immigration enforcement and removal operations. IU.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). Along whit ICE shares responsibility for enforcing the Nation's civil immigration laws, executing its enforcement duties, ICE reports that it focuses on two core missions: (1) identifying and apprehending public safety threats--including criminal aliens and national security targets--and other removable individuals within the United States; and (2) detaining and removing individuals apprehended by ICE and CBP officers and agents patrolling our Nation's borders.
In 2014, the number of ICE's FY 2014 removals, which was 315,943, went down from 368,644 in FY 2013. This report analyses ICE's FY 2014 immigration enforcement statistics:
In FY 2014:
* ICE conducted 315,943 removals.
* ICE conducted 102,224 removals of individuals apprehended in the interior of the United States.
* 86,923 (85 percent) of all interior removals involved individuals previously convicted of a crime.
* ICE conducted 213,719 removals of individuals apprehended while attempting to unlawfully enter the United States.
* 56 percent of all ICE removals, or 177,960, involved individuals who were previously convicted of a crime.
* ICE apprehended and removed 86,923 criminals from the interior of the U.S.
* ICE removed 91,037 criminals apprehended while attempting to unlawfully enter the United States.
* 98 percent of all ICE FY 2014 removals, or 309,477, clearly met one or more of ICE's stated civil immigration enforcement priorities.
* Of the 137,983 individuals removed who had no criminal conviction, 89 percent, or 122,682, were apprehended at or near the border while attempting to unlawfully enter the country.
* The leading countries of origin for removals were Mexico, Guatemala, Honduras, and El Salvador.
* 2,802 individuals removed by ICE were classified as suspected or confirmed gang members.
Apple today releasing the iOS 8.4 version, the fourth update to iOS 8 introduced last year. First introduced to selected developers in April 2014, iOS 8.4 includes a newly revamped Music app and Apple's long-awaited on-demand streaming music service, Apple Music.
iOS 8.4 is available immediately as an over-the-air download, and the new Apple Music service is located within the Music app. Apple Music will be available immediately after iOS 8.4 is installed, while the Beats 1 radio service will kick off at 9:00 a.m. Pacific Time.
Along with Apple Music, today's iOS 8.4 update includes a complete overhaul of the built-in Music app. It incorporates Apple Music and it features a new design that shows pictures of artists in the Artists view and a new MiniPlayer with a revamped "Now Playing" look. There are personalized playlists, global search capabilities that make it easier to search within the Music app, and a streamlined design for the radio feature to bolster music discovery.
Other minor changes in iOS 8.4 include the relocation of audiobooks from the Music app to the iBooks app, consolidating all books, print, and audio into one convenient spot, and a new Audiobooks for CarPlay app, giving drivers a standalone app dedicated to playing their audiobooks.
In New Jersey, where there are some 525,000 undocumented immigrants, a resolution by Assemblywoman Annette Quijano of Elizabeth that would make immigrants who are not authorized to be in in the country eligible to get driver's licenses, passed unanimously last week.
Under the bill, New Jersey would be required to issue photo "driving privilege" cards to those residents who are unable to prove that they were in this country legally but are capable of establishing that they live in the state.
"It's about public safety," said state Sen. Joseph Vitale (D-Middlesex), a sponsor. "Some of the undocumented are driving anyway. This isn't to excuse the fact that they're undocumented. But they're on the roads. They're driving. Many uninsured."
A similar but less extensive bill was presented in the Assembly in 2006 and reintroduced in 2008, but it never progressed and never presented in the Senate.
Presidential hopeful , Governor Chris Christie has made it certain that such a proposal would be dead on arrival: "'I'm not giving driver's licenses to people who are undocumented. That's it,' Christie said flatly, speaking on his monthly radio show on New Jersey 101.5."
Several states, such as Puerto Rico included, currently offers driver's licenses to undocumented immigrants.
Notwithstanding the problems in getting the state to issue driving privileges to its undocumented immigrants community. New Jersey is the latest major U.S. city to promote a municipal identification program that will be available to all residents, including those who may have come to the U.S. illegally.
Mayor Ras Baraka signed City Council-approved legislation that makes Newark the largest and lone city in the state to offer ID cards to all residents, regardless of their immigration status.
The program offers all Newark residents aged 14 and older a valid ID card that will grant them access to vital services the city has to offer. It will be especially useful for people in the community such as those with disabilities, youth, seniors, clergy, formerly incarcerated individuals, the homeless, immigrants and transgender people.
The ID program will:
* Serves as proof of identity and proof of residency regardless of immigration status
* Access to cultural Institutions and schools and within the City
* Discounts at the Health and Wellness Center
* Helps residents who do not have access to other forms of identification to interact with city agencies, local authorities and open bank accounts
The Newark Municipal ID cards a pilot program commences on July 1 and then open citywide on August 1.For more information about the municipal ID program, visit: http://www.ci.newark.nj.us/.