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Can I be denied citizenship based on a "fraudulent enlistment" from the military 4 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.

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Attorney answers 9

Posted

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 does not constitute an attorney-client relationship.

Posted

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_detail.aspx?x=186915

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/

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Posted

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

Posted

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. LaSalle St. Suite 1400 Chicago, Illinois 60604 773-501-2039 kiki@kikislaw.com The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question. kiki@kikislaw.com

Posted

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 advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

Posted

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.

Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Posted

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

Posted

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. Addressing your issue does not create an attorney-client relationship and I AM providing you educational information NOT legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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