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Ineligibility for Citizenship Grounds of Exclusion

Written by Henry J. Chang

General

An alien who is permanently ineligible for U.S. citizenship is excludable under INA §212(a)(8)(A).

Draft Evaders

Under INA §212(a)(8)(B), any person who has departed from or remained outside the United States to avoid or evade training or service in the armed forces in time of war or period declared by the president to be a national emergency is excludable, except that this subparagraph shall not apply to an alien who at the time of such departure was a nonimmigrant and who is seeking to reenter the United States as a nonimmigrant.

























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