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Beverly Hills, California, United States
Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Thursday, February 10, 2011

Soldier Finds Minefield on Road to Citizenship

Wall Street Journal: During 10 years in the U.S. Army, Luis Lopez served in Iraq and Afghanistan, won medals and had a commander laud his service as a "critical part of the success of his unit fighting the global war on terrorism." Mr. Lopez is also an illegal immigrant. In late December, the staff sergeant was discharged from the Army after applying for U.S. citizenship. And because of his illegal status, the 28-year-old native of Mexico couldn't work as he waited for immigration authorities to decide if he would be granted citizenship or find himself at risk of deportation. Mr. Lopez's case reflects the federal government's complex-and seemingly inconsistent-relationship with illegal immigrants in the armed forces. Illegal immigrants aren't allowed to voluntarily enlist for active duty. Yet if they find a way to join, a section of the Immigration and Naturalization Act provides them a path to citizenship. The 1952 immigration law says foreign nationals who have "served honorably" during wartime may be naturalized "whether or not [they have been] lawfully admitted to the United States for permanent residence."

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