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  • #16
    INA 216- conditional LPR
    INA 316- general naturalization requirements
    INA 328- one year military service & LPR
    INA 329- active duty during period of conflict and LPR or physical presence in US at enlistment

    8 CFR 329.2 "(c) Satisfies the permanent residence requirement in one of the following ways:

    (1) Any time after enlistment or induction into the Armed Forces of the United States, the applicant was lawfully admitted to the United States as a permanent resident; or

    (2) At the time of enlistment or induction, the applicant was physically present in the geographical territory of the United States, the Canal Zone, American Samoa, Midway Island (prior to August 21, 1959), or Swain's Island, or in the ports, harbors, bays, enclosed sea areas, or the three-mile territorial sea along the coasts of these land areas, whether or not the applicant has been lawfully admitted to the United States as a permanent resident;"

    For conditional LPRs, to ensure that the alien was properly admitted, the officer can require an I-751. This isn't spelled out in the statutes for naturalization, but it is in INA 216 and inferred through policy for natz. If they think the marriage was a sham, then there is no LPR status, then the applicant can not naturalize under 328. However, the applicant may still be able to natz under 329.

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    • #17
      Thank you very much old man. Appreciated.

      Comment


      • #18
        Hello there,

        I am currently serving in the United States Army and I am a conditional resident, also currently I am working on gathering up my naturalizarion application together which I got stuck at fingerprints today, MPs really don't know much about how INS is very picky about the fingerprints, they smudged my prints all over, so I have to wait 2 weeks to get them again, since you can do it only once a week and next week I am in the field. Next time I am going to ask them to print my own fingerprints.

        If you have questions about joining the military with a greencard, let me know.
        SEMPER VIPER / Army Strong!

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        • #19
          <<<However, the applicant may still be able to natz under 329.>>>

          NOT maybe, the applicant is able to natz under 329 because the EO is still active. If INS gives you trouble about that, you can push the issue through your chain of command which my friend did it. His natz application was sent back saying he didn't remove conditions, JAG looked into the matter and now he is going for his natz interview.
          SEMPER VIPER / Army Strong!

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          • #20
            IS your 751 pending bushmaster??

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            • #21
              I will file that soon, along with my naturalization, N-400 should not be tied to I-751, they should adjudicate them together.
              SEMPER VIPER / Army Strong!

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