Can I be denied citizenship based on a "fraudulent enlistment" from the military 4 years ago?

Asked over 2 years ago - Chicago, IL

I was denied citizenship based on the fact that I obtained a "fraudelent enlistment" code from the military, it wasn't a dishonorable discharge, I was discharged before completing basic training.

Attorney answers (9)

  1. KiKi Maria Mosley

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . You must show good moral character for five years prior to the application. You should work with an attorney so that your next application will be successful.

    FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S.... more
  2. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . Naturalization Applications can look deceivingly simple. In actuality, a lot of checking is done behind-the-scenes for N400s. You should be sure to get screened BEFORE applying so you are not subjected to denials which waste money and time. Please see my post on N400s here: www.swagatusa.com/educational-materials

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com
    Free Phone Consultations Available

  3. Karen-Lee Pollak

    Contributor Level 19

    6

    Lawyers agree

    Answered . You need to show you have good moral character. You need to wait at least 5 years before applying. Consult an attorney

  4. Alexander M. Ivakhnenko

    Contributor Level 20

    4

    Lawyers agree

    Answered . In my opinion, any disruption of good moral character within past five years is a valid reason for such denial. Thus, a fraudulent enlistment" from the military 4 years ago qualifies for that denial.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  5. David Nabow Soloway

    Contributor Level 17

    5

    Lawyers agree

    Answered . In general, in adjudicating naturalization petitions, the USCIS has extensive discretion in assessing conduct that evinces lack of good moral character during the five years before the filing of the petition (three years for petitions based upon marriage to a U.S. Citizen). Some events during the five-year (or three-year) period, while not themselves sufficient to bar naturalization eligibility, nonetheless can authorize the USCIS to look beyond the five-year (or three-year) period. Fraudulent conduct in seeking immigration benefits can produce a permanent bar. There is no substitute to engaging an immigration attorney to carefully assess all aspects of eligibility.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway, Poorak & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal... more
  6. Ralf D. Wiedemann

    Contributor Level 18

    5

    Lawyers agree

    Answered . Yes, fraud during the five years in which you need to show that you are a person of good moral character is a reason to deny your naturalization application.

  7. Reza Athari

    Contributor Level 14

    4

    Lawyers agree

    Answered . You will need to show good moral character for 5 years before you can apply.

    Reza Athari
    Attorney at Law
    Certified Specialist - Immigration and Nationality Law
    State Bar of California - Board of Legal Specialization
    http://members.calbar.ca.gov/search/member_deta...


    Main office: Las Vegas, Nevada
    Reza Athari & Associates, Pllc

    3365 Pepper Lane, Suite 102
    Las Vegas, NV 89120
    Telephone: (702) 727-7777
    Fax: (702) 458-8508
    Toll free: (800) 565-2030
    http://www.atharilaw.com/index-6.html

    Barstow, California
    Reza Athari & Associates, Pllc

    309 East Mountain View Street, Suite 104
    Barstow, CA 92311
    Telephone: (760) 957-7220
    Fax: (760) 957-7396

    St. George, Utah
    Reza Athari & Lui, Pllc

    1036 East Red Hills Parkway, Suite D
    St. George, UT 84770
    Telephone: (435) 656-1136
    Fax: (435) 656-1145
    http://www.stgimmigrationattorneys.com/

    Salt Lake City, Utah
    Reza Athari & Lui, Pllc

    525 W 5300 S Suite 150
    Murray, UT 84123
    Telephone: (801) 262-LAW7
    Fax: (801) 281-9603
    http://www.slcimmigrationattorneys.com/

    If you have a SKYPE account, we may now video-conference or conduct a conference call on the computer from and to anywhere in the world for free. More information may be found at www.skype.com

  8. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . It is possible.

    You should wait at-least 5 years.

    Talk to an attorney face-to-face. Many of us do Skype consultations.

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It... more
  9. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Five years from the fraud--so you may only have one (1) more year to wait before you apply since the ELS was four years ago.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,311 answers this week

3,079 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,311 answers this week

3,079 attorneys answering