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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33904
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am an active duty personnel that joined through MAVNI and

Customer Question

I am an active duty personnel that joined through MAVNI and is currently a holdover. I have gained my citizenship after graduating basic training. I am wondering if my command chooses to Entry Level Separate me, would my citizenship get revoked? how does the ELS work? Is my command the one that writes the SE code and RE code on my DD 214? Im wondering if I can get RE code of 1 or 2 so that I may reenlist right away into Either the Airforce or Navy as a citizen. Would that be possible?
Submitted: 6 months ago.
Category: Military Law
Expert:  P. Simmons replied 6 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 6 months ago.

MAVNI candidates are not eligible for US citizenship under the regular naturalization statutes; because they do not have Lawful Permanent Residence status, they are only eligible to apply for US citizenship under the wartime military naturalization statute.

This statute allows for revocation of US citizenship if the enlistee does not complete honorable military service.

So if you are separated before the end of your contract?

They can revoke your citizenship.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 6 months ago.
we have no choice at all but to just remain a holdover at bct until they send us to ait? what if i am married to a citizen currently? would they still revoke the citizenship and just drop it to a green card if my spouse files for me?also is it possible to get my mos reclassed while i am sitting here at bct since i havent been to ait yet?
Expert:  P. Simmons replied 6 months ago.

You can certainly request MOS reclass..but it is up to the Army if they will grant the request or no

I can not tell you if they will take steps to revoke...only that if you do not complete your enlistment they could begin the process.

Customer: replied 6 months ago.
because i heard of some who had their contract cut early so they can accept commission before they made the new policy to not allow mavni to get any form of security clearance in our first contract..so i can request it? who do i request it to? my post career counselor tells me its between me my command and student services since im still an iet soldier but my command hasnt gotten back to me and didnt even know who student services is
Customer: replied 6 months ago.
but if i reenlist before they even begin the process and they begin it, would me being in the military still (with the new enlistment) stop them from revoking it?
Customer: replied 6 months ago.
i read ur answer to someone else about how we can provide our side of the story to uscis while theyre in the progress of revoking citizenship. if my command chooses to discharge me out through ELS so that I may reenlist (getting rid of the MAVNI label in my contract) and serve my time in the military..
Expert:  P. Simmons replied 6 months ago.

You do have "due process" rights...so you would be entitled to explain your side if they begin the revocation process. That is true.

And you can request they reclass or transfer you.

But at the end of the day, if you do not complete your contract your citizenship (that you earned for promising to complete your contract) could be in jeopardy.

Customer: replied 6 months ago.
transfer me?
Customer: replied 6 months ago.
if i was to reenlist into the AF or Navy prior to any process of revoking my citizenship, i can explain that I was ELSd by my command to reenlist with a new contract to remove the MAVNI label and Im currenting serving, is there a chance they wont revoke it?
Expert:  P. Simmons replied 6 months ago.

Sure...that is possible. If you are able to transfer (via interservice transfer or on you own) customs and immigrations would consider that (and likely would not revoke your citizenship)

Customer: replied 6 months ago.
by my own, are you talking about the reenlisting? if it does get revoked, would i be able to go into green card through my spouse? would a green card be enough to enlist into the navy?
Expert:  P. Simmons replied 6 months ago.

yes...by "own your own" I mean by reenlisting.
IF it does get revoked, you could pursue status (green card/citizenship) through your marriage. And a green card would be sufficient to enlist.

Customer: replied 6 months ago.
would i get kicked out of the navy if they revoked my citizenship? or would i be able to continue to serve?
Expert:  P. Simmons replied 6 months ago.

You need status to be in the military...if you do not have status you would be separated.

Customer: replied 6 months ago.
would they give me time to get my status through my spouse? from what im told, that process would take a year at most..
Expert:  P. Simmons replied 6 months ago.

That I can not answer for you...that you have to pose to the military (since they are the ones who have the discretion)

Customer: replied 6 months ago.
mm if i cant then about the reclassing. if my command keeps saying only those that are security clearance holdovers can reclass because them not getting their security clearance is the fault of the army.. wouldnt i be able to reclass since me not moving onto my ait is the fault of the army and their new change in policy?
Customer: replied 6 months ago.
who would i need to go talk to if my command refuses to take me to someone that i can discuss reclassing with?
Expert:  P. Simmons replied 6 months ago.

You can request to speak to your commander via their open door policy. Your commander is the one who can answer these questions.

Customer: replied 6 months ago.
my commander was the one i asked and he said he will get a career counselor for me and that was three weeks ago. my 1sg is the one telling me i cant reclass because im not a security clearance holdover. alot of my drill sergeants and 1sg thinks me and the rest of the mavni holdovers are holdovers because we shipped before all our investigations were cleared although its not the case.. who else could help me?
Customer: replied 6 months ago.
on legal point, would the sudden revoke of my citizenship while im serving in navy cause me to no longer be able to join any branch of the military? aka RE-4? would they consider it fraudulent enlistment?
Customer: replied 6 months ago.
as in like future enlistments even if i fix up my status afterwards

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