MARION COUNTY, Fla. — Last November, Paul Canton and his family got good news that had them believe he could be a U.S. citizen by Christmas.
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A memo from USCIS seemed to indicate he was eligible for citizenship. The U.S. Marine Corps veteran has lived in America for decades. He believed after he served he was a citizen, according to what a recruiter told him.
He married the love of his life and raised a family, worked and even voted in this country.
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“He is stateless; he has citizenship of no country,” immigration attorney Elizabeth Ricci said. “This is a former marine who can’t get a driver’s license and can’t work legally in this country.”
The issue stems back to when Canton enlisted and when he served. Someone who serves during a designated period of hostility is eligible for citizenship.
Canton enlisted during the Gulf War, but by the time he was active duty, that period of hostility had ended.
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Canton and his attorney said the November memo clarifies the law and enlistment counts. But last week, Canton received another denial in the mail, seeming to indicate his classification before active duty still makes him ineligible.
It’s another big blow for Canton and his family.
“Not knowing where I’m going to be at tomorrow and feeling like I’m going to get deported every day has been rough on the children over the last three years,” Canton said.
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USCIS said its policy is to not comment on individual cases. Canton’s attorney plans to appeal the denial.
If that appeal is unsuccessful, the last resort will be to take the case to court.
Read a full statement from a USCIS spokesperson below:
USCIS recognizes the important sacrifices made by service members, veterans, enlistees and their families. And, while USCIS cannot comment on individual cases, the agency is committed to properly adjudicating applications; increasing access to eligible immigration benefits; and providing members of the military with a range of customer-service resources to help them navigate the nation’s legal immigration system.
USCIS has devoted a section of the agency’s website to providing immigration information, including eligibility requirements for naturalization, and other resources to military members seeking services. The agency has established a Military Help Line to exclusively assist service members, military families and veterans with immigration-related queries. And, USCIS will continue to promote policies and procedures to make improvements that assist military members and their family.
On background:
- USCIS reviews every veteran’s situation on a case-by-case base, and make adjudication decisions according to the law and applicable policy. Applicants receive a written decision, which fully explains the agency’s action and lists any appeal rights.
- Regarding your request for data, in FY 2021, we naturalized 8,800 service members, a 90% increase over the previous year. You can find more data on military naturalizations here: https://www.uscis.gov/military/military-naturalization-statistics.
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