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Matthew Kolken on Deportation And Removal

Vietnam Veterans face Deportation

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"Valente Valenzuela fought for the United States in Vietnam. So did his brother Manuel. Now the two men, who were brought into the United States illegally as children, are facing deportation." CNN's Rafael Romo reports.

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  1. Joe's Avatar

    Naturalization through Qualifying Service during Periods of Hostilities

    Generally, members of the U.S. armed forces who serve honorably for any period of time (even 1 day) during specifically designated periods of hostilities (see below) are eligible for naturalization under section 329 of the INA through such military service.

    In general, an applicant for naturalization under INA 329 must:

    Have served honorably in active-duty status, or as a member of the Selected Reserve of the Ready Reserve, for any amount of time during a designated period of hostilities and, if separated from the U.S. armed forces, have been separated honorably Have been lawfully admitted as a permanent resident at any time after enlistment or induction, OR have been physically present in the United States or certain territories at the time of enlistment or induction (regardless of whether the applicant was admitted as a permanent resident)Be able to read, write, and speak basic EnglishHave a knowledge of U.S. history and government (civics)Have been a person of good moral character during all relevant periods under the lawHave an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the lawThere is no minimum age requirement for an applicant under this section. The designated periods of hostilities are:

    April 6, 1917 to November 11, 1918September 1, 1939 to December 31, 1946June 25, 1950 to July 1, 1955February 28, 1961 to October 15, 1978August 2, 1990 to April 11, 1991September 11, 2001 until the presentThe current designated period of hostilities starting on September 11, 2001, will terminate when the President issues an Executive Order terminating the period.

    Note: current members of the U.S. armed forces who qualify for naturalization under sections 328 or 329 of the INA can proceed with their naturalization application either in the United States or overseas.

    Application Processing
    Service members are not charged filing or biometrics fees. Service members should complete the applications stated below to apply for naturalization:

    Form N-400, Application for NaturalizationForm N-426, Request for Certification of Military or Naval Service (establishes periods of honorable service certified by the military)Note: Every military installation should have a designated point-of-contact (POC) to handle your application and certify your Request for Certification of Military or Naval Service (Form N-426). You should inquire through your chain of command to find out who this person is so they can help you with your application packet.

    The designated POC may assist you with the following:

    Certification of Form N-426Information about fingerprinting and how to comply with the fingerprinting requirementSubmitting the N-400 package to the Nebraska Service Center (NSC) at the following address.
    The Nebraska Service Center
    PO Box 87426
    Lincoln, NE 68501-7426

    Once your application is received, the NSC will review the application and send it to the USCIS office closest to your location. If you have a preference as to where you would like to be interviewed, you may provide that information in a cover letter attached to your naturalization packet.

    The USCIS office will set a date to interview you to determine your eligibility for naturalization. If your application for naturalization is approved, USCIS will inform you of the date you can take the oath of allegiance.

  2. Tina Clayton's Avatar
    Although I am not an immigration attorney or all knowing of immigation law. I am of the opinion that these two individuals should be granted American Citizenship as soon as possible.

    If certain non citizens can now become instant US Citizens through the MAVNI program, why can't these two individuals retro activley go through the same process?
    They have already gone through basic training which is required to serve in the military and have done more that what is currently required through the MAVNI program.

    They have proven thier commitment to this country by serving in one of the deadliest wars of this country. Isn't that enough to prove allegiance to this country?

    I agree that the United States has to reform its immigration laws, for some it will be a good thing, for some it will be a bad thing but if anyone is willing to serve this country and go to war, they should be given the first opportunity to be a citizen of this country.
  3. Hedy Trevino's Avatar
    Mr. Romo: I have no idea where you got your information. Valente and Manuel Valenzuela's mother was an American citizen born in the United States in New Mexico. All has been documented and verified. I am the administrator for their facebook page at Stop the Deportation of Vietnam Veterans. Please contact me if you need further information/documentation. A retraction is in order please. Although we do GREATLY appreciate that the media is taking notice please by distorting the facts it makes it that much harder for them us to gain support for this injustice Thank you Hedy Trevino @ Stop the Deportation of Vietnam Veterans on facebook. Valente Valenzuela is a bronze star decorated Vietnam Veteran. His brother Manuel served in the Marines they deserve better or at a minimum the truth about their situation. Thank you.
  4. Hedy Trevino's Avatar
    After reviewing the video i realize that it does clear up the status of the Valenzuela brothers and the fact that their mother was an American Citizen.My concern was in response to the title which suggests at first glance that they are illegal. Thank you. Hedy Trevino
    visit us on facebook @ stop the deportation of Vietnam Veterans
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