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DAP Forums > DREAM Act > The Lounge

Question for Korean Dreamers

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#1
09-01-2021, 06:36 PM
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Hello. I just had a question specifically applying to Korean dreamers. I’m a 27 year old Korean.

Obviously being in this country as a dreamer meant that I couldn’t be in Korea for my mandatory military service. But when I get married to a USC and go through AoS to receive my green card (and eventually US citizenship), will I still be subject to the mandatory military? Or will I be able to travel to Korea without having to worry about being arrested (for “dodging” the service) or being forcibly drafted to the military?

Thanks in advance!
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#2
09-01-2021, 11:18 PM
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Quote:
Originally Posted by bettertomorrow1 View Post
Hello. I just had a question specifically applying to Korean dreamers. I’m a 27 year old Korean.

Obviously being in this country as a dreamer meant that I couldn’t be in Korea for my mandatory military service. But when I get married to a USC and go through AoS to receive my green card (and eventually US citizenship), will I still be subject to the mandatory military? Or will I be able to travel to Korea without having to worry about being arrested (for “dodging” the service) or being forcibly drafted to the military?

Thanks in advance!
If you extended your military duty to the age of 37 (American age) you are fine but if you didn't, you should speak to a professional because there might be a warrant out for your arrest and when USCIS finds out that there is a warrant out for your arrest in Korea, USCIS can deny your greencard application.
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#3
09-02-2021, 12:02 AM
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Curious, why do you need to leave the country to adjust status through marriage if you initially entered with inspection through a port of entry?
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#4
09-02-2021, 01:59 AM
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Quote:
Originally Posted by iNeverHadAChance View Post
If you extended your military duty to the age of 37 (American age) you are fine but if you didn't, you should speak to a professional because there might be a warrant out for your arrest and when USCIS finds out that there is a warrant out for your arrest in Korea, USCIS can deny your greencard application.
Oh, that’s worrisome. Idk how else I could’ve extended it. Because I went to the consulate and they extended a few more years but they wouldn’t extend it past 37. I plan on using an immigration lawyer.
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#5
09-02-2021, 02:00 AM
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Quote:
Originally Posted by Gocchin Sama View Post
Curious, why do you need to leave the country to adjust status through marriage if you initially entered with inspection through a port of entry?
Sorry if my wording was confusing. I am not leaving the country to get married. I just meant after I get married and receive my GC/citizenship, if I can visit Korea again or if I have to wait until 37.
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09-02-2021, 03:18 AM
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What if you become naturalized before 37? Can they arrest a USC?
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#7
09-02-2021, 12:05 PM
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Quote:
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What if you become naturalized before 37? Can they arrest a USC?
Problem is that you can't become USC in the 1st place bc USCIS check criminal records and when there's a warrant out for your arrest that's the 1st thing that they check.
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09-02-2021, 12:13 PM
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Quote:
Originally Posted by iNeverHadAChance View Post
Problem is that you can't become USC in the 1st place bc USCIS check criminal records and when there's a warrant out for your arrest that's the 1st thing that they check.
So then Koreans can never become USCs even through marriage?
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#9
09-02-2021, 12:23 PM
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Mandatory military service expires after you turn 37. There will not be a warrant after you turn 37, it'll just be you would have disadvantages if you try getting a job or actually permantly live there. I'm also 33yr old Korean male and recently traveld to Korea for two and a half months and came back fine. With the extended military and as long as you don't stay over 90days, shouldn't be an issue. I don't know how fluent in Korean you are, but here's an article explaining.
https://www.donga.com/news/Politics/...19/105494090/1

(현행 병역법 71조에 따르면 병역 기피자라 하더라도 나이가 들면 어느 정도 병역 의무에서 벗어날 수 있는 여지가 있다. 석현준처럼 병무청에 의해 병역 기피자로 규정된 사람이라도 36세가 되면 현역이 아닌 사회복무요원으로 편입된다. 또 38세가 되면 병역 의무가 아예 면제된다.)
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#10
09-02-2021, 12:25 PM
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Quote:
Originally Posted by bettertomorrow1 View Post
So then Koreans can never become USCs even through marriage?
They can, but they'll lose Korean citizenship. Korean government doesn't allow dual citizenship through naturalization. You have to be born with and if you are male, you have to serve in Korean military to keep both.
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