QUESTION
Will General discharge cause Revocation of Naturalization?
Asked on May 23rd, 2016 on Immigration - Washington
More details to this question:
CONDITION: Join active duty US Army through MAVNI program and now has permanent injury from training. Is permanent party and already been naturalized. Has been in the Army for over 2 years with no negative counseling or other negative feedback. Physical condition worsens due to training. Still have 2 years until contract ends. According to: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartL-Chapter2.html C. Other than Honorable Discharge before Five Years of Honorable Service after Naturalization. QUESTION: Does that mean if the person get General discharge now(Served only over 2 years)due to: Med board, or chapter13 from fail PT test, or other chapters due to fail on training or performance issue, the person will NOT need to worry about getting his or her US citizenship revoked? And Revocation of Naturalization only happens if one has serious misconduct, court-martial, or committed crime? Please help me understand this issue. Thank you very much!
1 ANSWER
You are at risk of having your naturalization revoked according to the link provided. The link is about denaturalization of individuals who were discharged from military service for reasons other than an honorable discharge. It does not define what constitutes a honorable discharge. I would encourage you to review the paperwork you signed when enlisting. MAVNI is a special program so it may have its own guarantees regarding naturalization. You should also speak with legal counsel, whether provided by the military or a private attorney, about the matter.
Answered on May 24th, 2016 at 3:41 AM