Any help or advice would be greatly appreciated. I've been denied due to an arrest that took place when i was 16 it was a burglary charge but it was charged as a misdameanor. It states in the "poor moral character section" it has to be 5 years from the time of incident to the time of application. I am now 21 and the 5 year mark will be the end of this year. What i would like to know is once we pay the additonal 605.00 and get a review hearing will my case be seen as "passed the statutory period" once this year is over?
What i would like to know is once we pay the additonal 605.00 and get a review hearing will my case be seen as "passed the statutory period" once this year is over?
Five years is correct. If I were you, I would definitely speak with a reputable attorney before proceeding. Good luck.
Do not go where the path may lead, go instead where there is no path and leave a trail. (Ralph Waldo Emerson)
Originally posted by Militarybound: Any help or advice would be greatly appreciated. I've been denied due to an arrest that took place when i was 16 it was a burglary charge but it was charged as a misdameanor. It states in the "poor moral character section" it has to be 5 years from the time of incident to the time of application. I am now 21 and the 5 year mark will be the end of this year. What i would like to know is once we pay the additonal 605.00 and get a review hearing will my case be seen as "passed the statutory period" once this year is over?
Originally posted by Militarybound: Any help or advice would be greatly appreciated. I've been denied due to an arrest that took place when i was 16 it was a burglary charge but it was charged as a misdameanor. It states in the "poor moral character section" it has to be 5 years from the time of incident to the time of application. I am now 21 and the 5 year mark will be the end of this year. What i would like to know is once we pay the additonal 605.00 and get a review hearing will my case be seen as "passed the statutory period" once this year is over?
INS denial of what?
I assumed it was for naturalization, but I could be wrong.
Do not go where the path may lead, go instead where there is no path and leave a trail. (Ralph Waldo Emerson)
Originally posted by ProudUSC: I had the same thought. Maybe he will come back and clarify, but I do think he's already an LPR and trying to become a citizen.
Sorry for not clarifying, but its for naturalization. Ive been trying to get into Airforce but the job needs Secret Clearence without citizenship i cannot apply for it. I dont have a valid "Green Card" either, it expired in 2007. FYI no it doesnt affect me getting my citizenship.
Originally posted by Militarybound: Sorry for not clarifying, but its for naturalization. Ive been trying to get into Airforce but the job needs Secret Clearence without citizenship i cannot apply for it. I dont have a valid "Green Card" either, it expired in 2007. FYI no it doesnt affect me getting my citizenship.
Did you apply for a renewal for your greencard? If you had, you could have used that for your enlistment. In your situation, applying for naturalization under military service would have worked best but you already applied. Anyhow, I am not sure about the hearing now, as my N-400 was a military application, and even though had an INS arrest, I didn't have an issue. And that arrest was within the 5-yr period. So at this point, I recommend that you take letters of recommendation to that hearing attesting to your good moral character since then, maybe a letter from the recruiting station stating that you have the necessary qualifications for the job ... Same incident (and all incidents up to 7 years) will have to be disclosed on your clearance application. In these type of things, the less supporting documents you have, so are the chances of getting what you want.
Thanks for the info, i know i can go thru the military with a green card my bro did. Only issue is the job ive been training for requires us citizen for the opsec. It took my bro bout 3 yrs just to get his done.
Originally posted by Militarybound: Thanks for the info, i know i can go thru the military with a green card my bro did. Only issue is the job ive been training for requires us citizen for the opsec. It took my bro bout 3 yrs just to get his done.
Like I said, if CIS denied your application based on that incident, it would also cause problems with the security application, most likely getting the "interim" clearance denied since the incident is within the 7 yr window. Without interim you can not start training.
My suggestion is to get the naturalization squared away first. After that is done, you need to see if you can get the clearance, you probably could but remember that doesn't mean you'd get the interim you need to start right away. If they deny the interim, then USAF would ask you to pick another AFSC that doesn't require a clearance. Would you be willing to do that?
If not, you have to wait until the incident is outside that 7 yr window.
Here, at this following link there are some very helpful investigators and real federal officers answering questions, post your issue under military section and see what they say...
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