Soldier fights for rights
Q I serve in the U.S. Army but my naturalization is stalled. I enlisted under the Military Accessions Vital to the National Interest program after getting Deferred Action for Childhood Arrivals program. My sister is an American citizen. What’s my best path to U.S. citizenship? Jean, by email A Your best bet is to fight to get U.S. citizenship based on your military service. You may be able to get a green card through your sister, but the wait for permanent residence for the siblings of U.S. citizens is decades long. The American Immigration Lawyers Association has a free program to help military service members. You can get an AILA lawyer to help you.
The MAVNI program allowed certain individuals lawfully in the United States to join the U.S. military. Individuals, including DACA recipients, with needed language or medical skills qualified for the program. The government has suspended the program, but those in the military still qualify for U.S. citizenship under a federal statute that allows for naturalization for any individual serving during a period of “active hostilities.” That includes anyone serving in the military from Sept. 11, 2001, to the present.
Q
Can I claim U.S. citizenship through my father? My father naturalized before I turned 18. I am a permanent resident and married. E., Jersey City
A Maybe, but only if you were unmarried and a permanent resident before you turned 18. The rules for who derives U.S. citizenship automatically through the naturalization of a parent have changed over time, but always require that the child be under 18, a permanent resident and unmarried when a parent naturalizes. And, if the child is claiming derivative citizenship through a father, the child must have been born legitimate under the laws of the child’s birth country, or have been legitimated before turning 18.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.