File Form N-426 to obtain citizenship status in US!

Form N-426 USCIS


For lack of attachment to the US constitution and constructive temperament to the good order of the US generally by law disallows from naturalization those who are plan evaders and absconders from the US armed forces during wartime. Naturalization will be disqualified for those who have been convicted for a military abandonment or a disappearance from the United States to avoid a military plan by a court martial or a court of knowledgeable jurisdiction. From the applicant’s acknowledgment during the naturalization examination or interview, security checks, and from the Form N-426, Request for Certification of Military or Naval Service such information may be obtained by USCIS.

By court martial or court of experienced jurisdiction if an applicant is not convicted though he/she has admitted to have deserted during wartime may still be eligible for citizenship status in United States. So without a final conviction he/she may be listed as a deserter according to their military records. How long to become citizen for such applicants also will be decided.

Association with certain organizations

During the interview on the naturalization application filed by an applicant the officer will review his/her record and testimony to determine whether he or she was ever a member of or in any way either directly or indirectly associated with:

  • Communist Party;
  • Similar autocratic party or
  • Organization involved in terrorist activities.

Lack of attachment to the constitution may be indicated by the current and previous memberships in such organizations. Not being well inclined to the good order and happiness of the United States is also indicated by such an applicant. Issues of good moral character, lawful admission, or applicant may even be rendered deport-able if they hold memberships in such organizations.

Among all other naturalization requirements like being 18 years or older of age with green card and minimum 5 years of continuous presence in US responsibility lies on the applicant to prove that he or she has an attachment to the Constitution. Also an applicant should also prove to be well inclined to the good order and happiness of the United States. Burden of proof will be considered not met if the applicant refuses to give evidence or submit related documents proving his/her membership in such organizations. At the end of removal proceedings even if such an applicant has not been removed USCIS will deny his/her naturalization application based on such grounds.

So it’s important for such war evaders to make sure they are not convicted by court martial in order to be eligible for citizenship in United States. There could be various genuine and serious reasons behind such acts. It’s very important to note that USCIS does consider such cases and does process the naturalization application of such applicants who are not convicted. Making sure to have the required papers and documents is very important to prove their case. So persons who have worked with United States army should file Form N-426 and get the necessary certificates before filing for citizenship in US.

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