Understory 2018

Responding to the Call: Pros, Cons, & Public Opinion

Michael Hernandez

Abstract
 
Currently in the United States, there are four pathways a foreign immigrant can take in order to obtain citizenship. Those include citizenship by naturalization, marriage, birth, or military service. Each of these has its own set of benefits and complications. This essay will primarily focus on those associated with the pathway of military service to obtain citizenship in relation to other pathways and the public opinion on whether those benefits and complications are justified, therefore providing insight into the life of an immigrant military service member.
 
 
Throughout our nation’s history, its military has provided its citizens with security and protection of their lives as well as their rights; the greatest being freedom. Every day, men and women who were born and raised in this country answer the call of duty to provide this protection. Fascinatingly, men and women from foreign countries are doing the same thing. In their case, they are not only serving to protect our way of life, but to obtain citizenship into the United States. These unique individuals are making the choice to bear allegiance to our flag and offer their service despite not only the common struggles associated with the immigration system, but the risk of the ultimate sacrifice.

In every path to citizenship, there is a list of fundamental requirements that must be met before even beginning the process. According to the most recent revision of the United States and Immigration Services (USCIS) website, there are ten general steps in the citizenship process. The first step requires an individual to determine if they are already a U.S. citizen by verifying whether they were born in the United States or born abroad to U.S. Citizens. If they are not citizens, the next step requires them to read form M-476, A Guide to Naturalization.

This step and the steps thereafter are where a prospective citizen really begins the navigation through a process
that “presents many complications that hamper the applications of potentially eligible Lawful Permanent Residents (LPRs) and discourages many others from even trying to apply in the first place” (MIRA, 2013). If and when a prospective citizen is able to reach step three and has met all requirements to become a U.S. Citizen, they are required to prepare and submit form N-400 (Application for Naturalization). Once that is completed, a biometrics screening (background check) is conducted and the prospective citizen is to complete an interview with a USCIS official to verify the information on their N-400. Not only does this interview involve another form of screening but it requires the prospective citizen to take an English and civics test. When all this has been accomplished, the prospective citizen is notified of an appointment to take an oath of allegiance in order to officially become a U.S. citizen.

Although these requirements are laid out in a step-by-step format, the path to citizenship is anything but simple. In a sense, gaining citizenship can be viewed as a process within a process. An example of this is the requirement of prospective citizens to fill out the N-400 application when pursuing the pathway of naturalization. One might perceive this task as simply filling in some information on a piece of paper. However, the applicant must first have a solid grasp of the English language to even be able to read what is in front of them. Given that this is usually not the case, they must hire an attorney to help them understand the terminology conveyed on the form and help guide them through the complexities of the legal system. This of course requires an exorbitant amount of the individual’s time and money. In fact, according to Romy Ribitzky of ABC News, “most immigration lawyers charge between $5,000 to $7,500 to accompany a client through the green card process” (Ribitzky, n.d.).

Keep in mind that this is only the cost for a legal attorney. There is also the filing fee of the N-400 itself, as well as any other necessary documents, the biometrics screening and naturalization exam. Add these costs to the cost of living, especially if the potential citizen has a family to support, and it makes one wonder how anybody is able to achieve this seemingly insurmountable goal.
Given these numerous complexities, it is easy to see why a person might choose to pursue the path of military service to gain their citizenship. Within this pathway are a number of advantages that are not afforded to individuals who are pursuing citizenship through other pathways.  
Prospective citizens pursuing this pathway must first choose to serve in one of the five major branches of the military, which include: The United States Army, Navy, Air Force, Marine Corps, Coast Guard and certain components of the National Guard (which is an affiliate of the Army). Upon choosing which branch they will serve in, immigrant service members can connect with their local recruiting office and speak with a military recruiter. Most of these recruiters are currently enlisted members of the military so they are quite knowledgeable about how the military is currently functioning. This is an important aspect of the recruiting process because it enables the recruiters to give prospective service members the most accurate information they will need as they embark on their journey in the military.

If the prospective service member decides to continue the process, they must go through a process similar to that of other pathways. They must undergo specific security checks and physical examinations in order to make sure they are adequately qualified to become a member of the armed forces. They must also complete the ASVAB (Armed Service Vocational Aptitude Battery) which is taken by every service member in order to find out what job or Military Occupational Specialty (MOS) they will maintain during their term of service. Once they have completed these military entrance requirements and have performed their oath of allegiance, they are officially military service members of their prospective branch. Now they must complete the naturalization process to become naturalized citizens.

To begin the process of applying for citizenship, there are two different classifications of time in which a military service member is categorized under. Those include naturalization through one year of qualifying service during peacetime, which falls under the guidelines of section 328 of the Immigration and Nationality Act (INA) and qualifying service during periods of hostilities under the guidelines of section 329. Qualifying service during peacetime is basically serving honorably at any time that the United States is not in conflict with any enemy while service during periods of hostilities is honorable service during a time that the United States is at war with one or more of its enemies. Both of these classifications of naturalization are similar to other pathways to obtain citizenship in that they require the individual to have the ability to read, write and speak basic English, and have knowledge of U.S. history and government. However, as mentioned above, there are certain benefits that come with taking the route of military service to obtain citizenship that are not made available to potential citizens choosing other pathways.

One of the aspects of pursuing citizenship that creates a major burden is the time constraint that is placed on those navigating the process. As a spouse of a U.S. citizen, an individual is expected to be a permanent resident (green card holder) for at least three years in order to qualify for citizenship. An individual pursuing the path of citizenship through naturalization is expected to be a permanent resident for at least five years. On top of this, every prospective citizen must meet all other eligibility requirements hoping that everything wil
l go smoothly on the first try. However, for a military service member falling under the guidelines of section 328 of the INA this does not apply. If the military service member files his or her application while still in the service or within six months of separation, they are not required to meet these residence and physical presence requirements. Additionally, if an individual from overseas becomes the spouse of a military service member, he or she is also eligible for certain benefits. Unlike the normal pathway of becoming a spouse to a U.S citizen, the spouse of a military service member does not have to abide by the residence and physical presence requirements. They can become naturalized without even setting foot on U.S. soil and if a spouse qualifies, their naturalization can be expedited.

Perhaps the greatest hardship for prospective citizens is the financial burden. According to writer Paul McDaniel, “For those eligible to apply, the application cost of naturalization is one of the main barriers to citizenship. The current filing fee for adult applicants is $680 ($595 plus an $85 biometric fee)” (McDaniel, 2015).
Within current guidelines of section 329 of the INA, a military service member will not be charged for filing form-N400 or the biometric fee. This is a key benefit because the service member is saving both time and money.

As mentioned previously, an individual pursuing another pathway to citizenship must first pay the application fee. This involves the person taking time to find the means to come up with the money, and the time it takes to save it. Then, they need to pay for an attorney to help them understand the application and any additional forms. Given the probable language barrier, there is the potential for frustration on the part of both the individual and the attorney because of the lack of understanding. In a story examining immigration that was done in 2013 by NBC News, a man by the name of Sergio Garcia shared his experience of the burden of waiting 19 years for his dream of becoming a citizen to come true in which he stated that “had he known at the beginning that it would take two decades to get his green card, not the three to five years he was told, then he would have returned to Mexico.” Garcia stated, “it’s probably been a month or two since I last ended up crying, because sometimes this life does get to you…it’s not living, it’s surviving” (NBC News, 2013). Although this is an extreme case, it shows the potential impact that pursuing citizenship can have on a person’s life.

This burden is significantly alleviated for the military service member. They are not only exempt from the fee of the application, but according to the USCIS, every military instillation has a designated liaison provided through the Judge Advocate General’s office who can assist the service member free of charge with the help he or she needs in navigating the naturalization process.
And yet, although the path to citizenship through military service has many advantages, it is not a flawless system. Within this path are still obstacles to overcome.

Military service members are provided with free government assistance that is put in place to help them navigate the process of naturalization, but is that assistance sufficient? In an extract of a testimony by Lieutenant Colonel & Attorney, U.S. Army, Margaret D. Stock given before the Congressional Subcommittee on Immigration, Citizenship, Refugees, Border Security, & International Law, she addressed this issue that military service members face in their quest to obtain citizenship. Within her testimony, she stated that “as military members encounter these laws and this system, they often experience the same difficulties and frustrations that civilians experience. They must deal with a complex system that requires years of study to understand- a system that makes it nearly impossible for many people to immigrate to the United States legally unless they can find, and have the funds to hire, one of the rare attorneys who know how to navigate the system successfully” (Hannifin & Stock, 2008).
Although military service members are given government assistance at no charge, that does not necessarily mean it is always going to be the best quality. Therefore, there is the potential for service members to have to spend their own time and money in order to find the help they need. This is a problem because it adds to the stress that comes with military life whether during a period of peace or hostility.

In other instances, the government does not always live up to its promises. In many cases over the years, immigrant service members have sacrificed their time and their lives in service to this country only to be denied citizenship. In an article written in 2015, Joanna S. Kao tells the story of Kenyan native John Chombo, who experienced this travesty first hand. After Chombo, an aspiring U.S. citizen and nurse, caught wind that the army was looking for people with special medical and language skills, he was quick to join. He went through all the required steps and served honorably. However, when it came time to become a citizen, he was denied. Kao states that “Chombo is one of thousands of members of the military caught between two sets of standards: one for military enlistment, another for becoming a naturalized U.S. citizen. The difference means they find themselves unable to become citizens of a country for which they are willing to die.” She goes on to state that “The military never promises citizenship. While it is quick to disavow any promises, citizenship is often highlighted in recruitment” (Kao, 2015).
This statement points back to the government’s lack of clarification in this area of naturalization as well as how military recruiters, who are rewarded for meeting specific monthly quotas, can convey a false sense of assurance in order to get an individual who is desperate to obtain their citizenship to enlist.

Not only are military service members affected by the flawed system of immigration law, but so are their families
. If one were to look on the USCIS website, it would seem that as long as an individual is married to a military service member, he or she should easily be able to become and remain a U.S. Citizen themselves after going through the necessary steps. However, in a recent article done on the deportation of immigrant spouses of military members, Suzanne Gamboa does not agree stating that “according to advocates for the immigrant veterans, soldiers who are legal permanent residents are not always connected with the naturalization process — or even made aware of it. For some, their service does little to help their families remain in the United States” (Gamboa, 2017).

Much like the juxtaposition between the advantages and disadvantages of the pathway of military service to obtain citizenship is that of public opinion. Due to the fact that immigrant service members receive certain benefits that prospective citizens pursuing alternate pathways do not, there are supporters and detractors of whether those benefits are justified. Those who are in support of this pathway point to the fact that non-citizen service members bring the vital component of diversity to an ever-growing military force. In an article done by the Air Force News, it was stated that non-citizen service members “are more diverse linguistically and culturally than citizen recruits, which is particularly valuable as the U.S. faces the challenges of the Global War on Terrorism” (Air Force News/Military.com, n.d.).

There is also statistical proof that has shown the outstanding service carried out by immigrant service members during their terms. In an article by Catherine N. Barry, she provides a statistic regarding the awarding of the Congressional Medal of Honor stating that “20 percent of all award recipients have been immigrant service members. The courageous—and often fatal—actions to assist fellow service members in the face of grave danger demonstrate the great lengths that immigrant service members will go to uphold their military duties and serve the United States” (Barry, 2013).  This is the highest military honor that a military service member can receive. This is significant because it shows their dedication and allegiance to this country as well as their gratitude for the opportunity to become one of its citizens.

One of the main topics of discussion for detractors of the privileges that immigrant service members receive is the topic of expedited citizenship. While supporters believe this to be justified given the sacrifice that is being made to receive it, detractors have a different opinion. In an article written on The Heritage Foundation website about the ENLIST (Encourage New Legalized Immigrants to Start Training) Act, which was enacted to expedite immigrant service members’ citizenship at an even more rapid rate, Charles Stimson refers to the act as “virtually instant backdoor citizenship. The proposed ENLIST Act encourages more illegal immigration, flouts the rule of law, and has the potential to harm national security” (Stimson, 2014). Although this is a bold statement, it cannot be denied that there is the potential for someone to enlist in the military, go through the process of naturalization by the book and then proceed to commit terroristic acts on the United States.

Detractors also bring up the question of intent when it comes to benefits such as expedited citizenship for immigrant service members. These critics state that “a very large number of non-citizens could change the purpose of the military from the defense of the country to a job and a way to get a foot in the door of the United States” (Congressional Record, 2005-2007, p. 430). Much like the previous argument, this is something that could happen because every service member is motivated to enlist for different reasons. An immigrant who joins the military solely for the purpose of gaining citizenship might not put his or her best foot forward. This poses a potential threat, especially during periods of hostility.

In my personal experience of serving honorably in the United States military, I know the sacrifice that is involved in dedicating oneself to the protection of this country. Not only are you protecting this country, but you are protecting its rights, and the idea of equality and freedom.
Every aspect of the issue of citizenship, especially the pathway of military service to gain that citizenship, must be considered. These service members are sacrificing so much to achieve their dream that they are willing to risk their lives for it. This is a risk that should seriously be considered by both us as American citizens whose freedoms are being protected by these brave individuals, as well as the individuals themselves, due to the stakes involved.
 
Works Cited
 
Air Force News/ Military.com. “The U.S. Military Helps Naturalize Non-Citizens” (Year not provided). Retrieved from website
http://www.military.com/join-armed-forces/eligibility-requirements/the-us-military-helps-naturlize-non-citizens.html

Barry, Catherine N. “New Americans in Our Nation’s Military” (8 November 2013). Retrieved from website https://www.americanprogress.org/issues/immigration/reports/2013/11/08/79116/new-americans-in-our-nations-military/
   
Gamboa, Suzanne. “Having Served in U.S. Military, Immigrants Fight Deportation Orders”
(7 February 2017).  Retrieved from website
http://www.nbcnews.com/news/latino/having-served-u-s-military-immigrants-fight-deportation-orders-n718031
   
Hanafin, Robert L. “Military JAG says that Immigration Problems still hurt US Military Members, Veterans, and their Families” (23 July 2009). (This article was produced by Robert L. Hanafin, however the quote used from this piece was from a testimony given by Margaret D. Stock in 2008.) Retrieved from website
http://www.veteranstoday.com/2009/07/23/military-jag-says-that-immigration-problems-  still-hurt-us-military-members-veterans-and-their-families/
   
Kao, Joanna S. “Good Enough to fight for the US but missing the mark for citizenship” (8 May 2015). Retrieved from website
http://america.aljazeera.com/multimedia/2015/5/good-enough-to-be-soldier-but-not-citizen.html
  
Massachusetts Immigrant & Refugee Advocacy Coalition. “Overcoming Obstacles to Citizenship: How Group Processing Can Better Serve Immigrant Communities” (No date provided). Retrieved from website
https://miracoalition.org/images/stories/pdf/mira_overcoming_obstacles_1-9-13.pdf
  
McDaniel, Paul. “The Cost of Citizenship is a Barrier for Some Immigrants”
USCIS government website. Citizenship for Military Members. (Last Modified 15 Feb. 2017) Retrieved from website
https://www.uscis.gov/citizenship/learners/apply-citizenship

NBC News Website. “Through the obstacle course of immigration, many paths to citizenship” (10 April 2013). Retrieved from website https://usnews.newsvine.com/_news/2013/04/10/17675597-through-the-obstacle-course-of-immigration-many-paths-to-citizenship?lite

Ribitzky, Romy. “Path to U.S. Citizenship Costly, Tedious.”(July 3, Year Not Provided). Retrieved from website http://abcnews.go.com/Business/story?id=87996&page=1
    
Stimson, Charles. “The ENLIST Act: A Back Door to Instant Citizenship” (27 May 2014). Retrieved from website

http://www.heritage.org/report/the-enlist-act-back-door-instant-citizenship
     
USCIS Citizenship Resource Center (Apply for Citizenship section). (Last modified 15 February 2017). Retrieved from website
https://www.uscis.gov/citizenship/learners/apply-citizenship;
https://www.uscis.gov/sites/default/files/USCIS/files/M-1051.pdf
    
US Congressional Record. “Proceedings and Debates of the 110th Congress First Session Volume 153- Part 10, pages 13393 to 14656),” (May 22, 2007 to June 5, 2007) retrieved from website
https://goo.gl/PMRKdW
 
Michael Hernandez is pursuing a Baccalaureate of English.
This piece was selected by Professor Heather Adams.

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