Whenever men in Korea engage in a conversation about life in the military, there are usually a couple of men who listen without participating.
This is probably because these men either have been exempt from the compulsory military service requirement or served as a part of the defense corps, a much less strenuous experience than active duty soldiers. Unlike the U.S. system, Korean men are required by law to serve in the military. Therefore, military life is a common experience and conversation topic for most Korean men. Many Korean men probably feel a certain sense of pride in serving in the military and defending their country, because of the ever-looming presence and threat of North Korea and the 38th parallel. However, in reality, some Korean men, due to personal issues, would like to be exempt from serving as an active service soldier in the Korean military.
When talking to clients on immigration matters, I realize that there are many Korean men residing in the United States who experience difficulty with the compulsory service obligation. Korean students who have studied in the United States, who have good job offers do not want to give up their opportunities and to go back to Korea to serve in the military. Korean men who have come to the United States through the immigration of a family member or through marriage want to remain in the United States without having to go back to Korea to fulfill the military requirement. Such people residing in the United States are looking for ways to become exempt from the military service.
Some run out of all options and end up serving their military duties at a much older age, but some, who marry a U.S. citizen, or emigrate with their parents when they were younger than 21 years old and acquire a green card, become exempt from their Korean military obligations and are able to remain in the United States.
Even though these successful clients acquire green cards and can stay in the United States, there are certain obligations that U.S. residents need to be meet. If you are a man between the ages of 18 and 25 years old and acquire a green card from non-immigrant status you must register with the U.S. Selective Service within 30 days. And if you acquire residency status before the age of 18, you must register with Selective Service 30 days after your 18th birthday. Registering with Selective Service does not mean that you are joining the military but registration provides the U.S. government with a means to develop and maintain an accurate list of names and addresses of men who might be called upon if a return to the draft is authorized in a national emergency or war. All male U.S. citizens and male aliens residing in the United States and its territories must register within the period starting 30 days before, and ending 30 days after, their 18th birthday. In addition to male U.S. citizens and green card holders, illegal aliens are also subject to this registration.
If a green card holder is between the ages of 18 and 25 and does not register with Selective Service, he will be unable to acquire U.S. citizenship. When applying for U.S. citizenship, you will be questioned about Selective Service registration and must provide a registration number. In addition, you would also need to give an oath that if called, you would join the military. If you have forgotten your registration number, you can go to https://www4.sss.gov/regver/verification1.asp with your name and social security number and date of birth.
As the Korean compulsory military system confronts issues with evasion, the U.S. volunteer military system is confronting an issue that is quite different. As an example, a non-citizen green card holder enlisted in the military and during active duty in the war in Iraq, died. This green card holder was granted U.S. citizenship after he was killed in action. Awarding citizenship posthumously began during WWI and continued throughout WWII, the Korean War, the Vietnam War, the Persian Gulf War during August 1990 to April 1991. Since September 11, 2001, until a future Executive Order designates a termination date, non-citizens serving in an active-duty status in the military who are killed will be awarded U.S. citizenship.
The posthumous citizenship application (N-644) needs to be registered by surviving spouse, parent, children or brother/sister and submitted within two years of the death of the non-citizen. However, the posthumous citizenship unfortunately does not benefit the surviving family members in their immigration issues.
In an April 9 New York Times article, Los Angeles Cardinal Roger M. Mahony said, “There is something terribly wrong with our immigration policies if it takes death on the battlefield to earn citizenship.” If it were a soldier’s wish was to become a U.S. citizen even after death, then awarding citizenship posthumously would at least be a comfort to the soldier’s family members, but for the immigrants out there fighting the war they should be granted immediate citizenship without any delays or difficulties.
The current process of citizenship through the military is as follows. You must either be an active-duty serviceman/servicewoman for at least three years or have served three or more years with honorable discharge at which point you would be able to apply for citizenship within six months. If you were on active duty during a war or a special period, you may apply for citizenship without having a green card. Although illegal immigrants are required by law to register with Selective Service, unless there is a draft only citizens and green card holders are eligible to enlist in the military. Because only citizens can apply for ROTC (Reserve Officer Training Corps) or OCS (Officer Candidate School), green card holders willing to enlist in the ROTC will find that the citizenship process is faster.
I have several Korean-American friends who have sent their sons and daughters to the war in Iraq. They are constantly praying for their children’s safe return. With all this being said, our troop’s safety is first and foremost on my mind, and the benefits and citizenships obtained through participation in the war is second.
