Vietnam Veteran Told He's Not American

When Mario Hernandez was 9 years old he came to America with his mother as a Cuban refugee. At that time, Cubans were granted amnesty and were given Social Security numbers. They were not, however, granted U.S. citizenship. Refugees could apply for residency after a year in the U.S., and Hernandez thought his mom did that, but apparently she never got around to filing the necessary paperwork.

Hernandez joined the US Army and served in Vietnam, then worked for the Department of Justice's Bureau of Prisons for 22 years. He got married, had children, and always thought he was a U.S. citizen, voting in every election since Jimmy Carter with never a problem. It was only last fall when he sought a passport to take a cruise with his wife that he discovered the authorities did not list him as a citizen or a permanent resident. Suddenly, he was in limbo and under investigation by the U.S. government.

"I served this country," Hernandez said. "I've always tried to prove I'm a good American citizen. I have always taught my children and grandchildren we need to be good stewards of this country. My parents came for freedom. We owe a lot to this country."

U.S. Citizens and Immigration Services Spokesman Christopher Bentley said Thursday his agency is reviewing the case and will meet with Hernandez and his attorney, Elizabeth Ricci. Ricci said a meeting was scheduled for next week. "When an error is discovered, either through the appeals process or by other means, we work diligently to review the case and take steps to correct the error and prevent similar issues from occurring in the future," he said in a statement.

Ricci said Hernandez's years of service in the military and his work guarding criminals, including Oklahoma City bomber Timothy McVeigh, should be rewarded not punished. In recent months, however, she said officials have been asking detailed questions about why Hernandez voted, suggesting they might be interested in filing charges related to voter fraud.

Immigration Services told Hernandez not only is he not a citizen, but he's not even a legal resident. Hernandez and his lawyer argue that Hernandez should have been granted citizenship upon his service in Vietnam. According to the Department of Homeland Security, special provisions of the Immigration and Nationality Act, such as military service under "periods of hostility," are grounds for immediate citizenship. Plus, employment with the Bureau of Prisons requires citizenship and recurring background checks, yet Hernandez was never told of any issues when he started working for them over two decades ago.

Ricci says Immigration Services is trying to protect itself. "I think they are gravely embarrassed ... and are trying to shift the burden on him now to make him look like a criminal." Now, the veteran is in a grey area. He could even face jail time because of his participation in past elections as a non-citizen.

Hernandez's wife has started a petition to the Secretary of Homeland Security, and so far the page has reached over 80,000 signatures. His wife writes that Hernandez's recent naturalization application was denied. She says he was told to first receive residency through the Cuban Adjustment Act and then try to obtain citizenship again in five years, but they don't want to wait that long. In the meantime, Hernandez plans to fight for his future in the country he loves.

You can join Mrs. Hernandez's petition at http://www.change.org/petitions/jeh-johnson-naturalize-vietnam-era-veteran-mario-hernandez