Mistaken Citizenship -- Immigration officials review Fla. man’s

Mario Hernandez, 58, got bad news in the quite the ironic way:

He and his wife were planning a cruise to celebrate his retirement from the federal Bureau of Prisons after 22 years of service — an agency which requires citizenship, of all things.
When Hernandez looked into getting a passport, he found out that he wasn’t even a U.S. resident in addition to not being a citizen

He served 3 years in the Army, voted in every presidential election since Carter and worked for government agencies in Florida and Washington and then finds out he's not actually a citizen

Hernandez is neither Legal nor Illegal......??????????

MIAMI – Immigration authorities said today that they are reviewing the case of an Army veteran and Cuban native who recently discovered he is not a U.S. citizen.

Mario Hernandez served in the Army during the Vietnam War and worked for the Department of Justice’s Bureau of Prisons using a Social Security number he received when he arrived in the country as a child. The 58-year-old Tallahassee man always thought he was a U.S. citizen and repeatedly voted. 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.” -

Source

Mr.Hernandez claims that he truly thought he was a citizen

Hernandez came to the US in 1965 with his mother and assumed she filed immigration papers. When he entered the military, he recalls taking two oaths, one to become a soldier and another to become a citizen. He never worried about receiving a certificate. Nobody ever asked for it.

U.S. Citizens and Immigration Services Spokesman Christopher Bentley said today his agency is reviewing the case and will meet with Hernandez

And yet the government may check into voter fraud.......*shakes head*

I don't get it. We have had amnesties since then, why is he illegal? And if he is illegal, how is it that he only found out after 22 years?

Naturalize Vietnam-Era Veteran Mario Hernandez

My husband Mario Hernandez entered the US on a Freedom Flight from Cuba in 1965. Ten years later he enlisted during the Vietnam War and served this country honorably before having a 25+ year career in government service.

When he retired from the Bureau of Prisons as a lieutenant, he wanted to take me on a Caribbean cruise to celebrate but realized he did not have a US passport. To his surprise, he learned he was never a US citizen despite the oaths he took prior to his military service.

He tried to become a citizen but his naturalization application was denied and he was told to receive residency first through the Cuban Adjustment Act then try again in five years. However, his service during Vietnam, a "designated period of hostility," exempts him from the residency requirement and he should be naturalized now.

Please sign my petition asking DHS Secretary Jeh Johnson to naturalize my husband. After serving his country during Vietnam and for 25 years in government service, he shouldn't have to wait another 5 years to become a U.S. citizen.

He deserves it!

They bend every other rule whenever it suits them these days. This one wouldn't even need bent very far.

Naturalization Through Military Service: Fact Sheet

I'd say he's more than earned it.

Sounds very very fishy.

How did he get a SS# and work for government agencies and get a voter card ????

This could be some kind of set-up story for political agendas.

Hmmm.

"Mario Hernandez served in the Army during the Vietnam War and worked for the Department of Justice’s Bureau of Prisons using a Social Security number he received when he arrived in the country as a child." How did he get a social security card?

Strange yet interesting story.

a reply to: snarky412

wow thats nuts.

I hope he gets his citizenship. If not even a crappy lawyer could win this guys case. I assume he has a GED, Obamas Dream act comes to mind....Though, I think he could argue for his citizenship on so many fronts he cant lose.

Strange case either way.

Something ain't jiving here...

Original Social Security Card
To apply for an original card, you must provide at least two documents to prove age, identity, and U.S.
citizenship or current lawful, work-authorized immigration status. If you are not a U.S. citizen and do not
have DHS work authorization, you must prove that you have a valid non-work reason for requesting a
card. See page 2 for an explanation of acceptable documents.
NOTE: If you are age 12 or older and have never received a Social Security number, you must apply in
person.

SOCIAL SECURITY ADMINISTRATION Application for a Social Security Card

The story said he took two oaths when he joined the U.S. Army. One for citizenship and one for the Army. It sounds like someone did what they had to, in squeaking him into recruitment numbers back when it wasn't an easy sell for people to join up.

I notice how he put all that too.. Served during, not in Vietnam. No biggy, and A LOT more than Vietnam was happening in the 1960's. Europe had tension, among other places that the Army was needed.

Still, in wondering how or at what stage it could have gotten screwed up? There is where I'd say the opportunity and motive for someone to 'half way' fix his problem would have been. Just my thoughts..

a reply to: snarky412

Does this make him a citizen of the state?

originally posted by: xuenchen
Something ain't jiving here...

Original Social Security Card
To apply for an original card, you must provide at least two documents to prove age, identity, and U.S.
citizenship or current lawful, work-authorized immigration status. If you are not a U.S. citizen and do not
have DHS work authorization, you must prove that you have a valid non-work reason for requesting a
card. See page 2 for an explanation of acceptable documents.
NOTE: If you are age 12 or older and have never received a Social Security number, you must apply in
person.

SOCIAL SECURITY ADMINISTRATION Application for a Social Security Card

His claim is that he received the social security number when he arrived from Cuba in 1965. I'm going to guess that it was part of the "freedom flights" that LBJ started right around then. There was a Cuban Refugee Program that started a few years before that so there'd been a big influx of legal Cuban immigration. These are the days before databases and the DHS. His story doesn't seem implausible.

a reply to: Wrabbit2000

The story said he took two oaths when he joined the U.S. Army. One for citizenship and one for the Army. It sounds like someone did what they had to, in squeaking him into recruitment numbers back when it wasn't an easy sell for people to join up.

This was not an uncommon surprise for folks back-in-the-day. They'd find out the system was broke/didn't care during a security clearance investigation.

originally posted by: Night Star
I don't get it. We have had amnesties since then, why is he illegal? And if he is illegal, how is it that he only found out after 22 years?

Good question...
Especially since he's been working for the government in one form or another


He attended an immigration interview in March and his request for citizenship was denied
In a second letter from the immigration service, it said the case would be reopened but asked for more information, including why he had claimed to be a citizen, had registered to vote and had voted

I feel so sorry for him

originally posted by: Not Authorized
a reply to: snarky412

Does this make him a citizen of the state?

He's basically in limbo----his status unknown at the time being
He's still working with immigration


For Mr. Hernandez, the consequences are worrisome
Deportation is not something he would face as a Cuban refugee and military veteran

But he can no longer vote, and he cannot leave the country
And he could face prison and fines for having falsely claimed citizenship and for voting

a reply to: Wrabbit2000

Still, in wondering how or at what stage it could have gotten screwed up? There is where I'd say the opportunity and motive for someone to 'half way' fix his problem would have been. Just my thoughts

That's what I'm wondering......how in the world did this not draw anyone's attention earlier??

Here's a little more about what his government job entailed

"Not only did Mr. Hernandez work for the Bureau of Prisons (and before that the Bureau of Indian Affairs), but he had been a supervisor, overseeing day-to-day operations, detainees and inmates, including terrorists.

By the time he retired, he had a desk full of commendations.

In 1995, he personally kept watch over the two Oklahoma City bombers, Terry Nichols and Timothy McVeigh, keeping an eye on each in their isolation cells for 12 hours a day on separate weeks over the course of a month.

When Willie Falcon, the notorious coc aine trafficker from Miami, had to change prisons, Mr. Hernandez was in charge of the transfer — one of several he oversaw involving high-profile prisoners"


I still can't believe that no one caught this mistake years ago
Even his lawyer said she was baffled why the Bureau of Prisons had never flagged his lack of citizenship, particularly since Mr. Hernandez did the opposite of remain in the shadows

It just goes to show how broken the system is for a federal and a state agency to have not even checked his background

How hard this has got to be for him
And now the government may press charges against him for claiming to be a citizen and voting
That just sounds so wrong on so many levels....surely they'll not pursue that route
I hope not

originally posted by: Wrabbit2000
The story said he took two oaths when he joined the U.S. Army. One for citizenship and one for the Army. It sounds like someone did what they had to, in squeaking him into recruitment numbers back when it wasn't an easy sell for people to join up.

Just an FYI we let anyone join the US Military. Example I went through basic with a Nigerian who was not a citizen, but had got a flight to America. I also served with and was at the citizenship ceremony in Iraq for a friend who join form the Dominican republic. I don't remember how long they have to serve before becoming American citizens, but I think its two years. I was glad to have served with them too! The Nigerian had some crazy stories about being a child soldier when he was younger, I remember being in awe...

originally posted by: xuenchen
Something ain't jiving here...

Original Social Security Card
To apply for an original card, you must provide at least two documents to prove age, identity, and U.S.
citizenship or current lawful, work-authorized immigration status. If you are not a U.S. citizen and do not
have DHS work authorization, you must prove that you have a valid non-work reason for requesting a
card. See page 2 for an explanation of acceptable documents.
NOTE: If you are age 12 or older and have never received a Social Security number, you must apply in
person.

SOCIAL SECURITY ADMINISTRATION Application for a Social Security Card

Yes..

my thoughts exactly !!! Lets start here .. where it matters most ... wow.!!! DING DING DING~!

(and ATS webmasters ... plz fix the new and fangle reply feature...it sucks !!!.. thanks )

Charge him for voter fraud????
Well, shouldn't they charge over half of the people voting as well for the same thing???
Remember ACORN, illegals voting, etc
This is total bs

Could have been fake documents he was given as a kid. It's see it happen first hand to two people. One was a cleaner at a local church I help with repairs. He thought he had all the right paper work as well it even looked good. It took six years be for it was found out it was fake. I don't know why it was found out after six years.

The other was a co-worker that came over as a kid, parents did all the paperwork he didn't know what looked right or wrong just that his parents told him here is your paperwork, and that it matched what everyone else looked at and what people asked for.

It could end up being a mix of him having fake documents as a kid, not knowing it going in the military with the documents not really being looked at. Getting real citizenship off the military duty, but due to the first documents being fake the citizenship goes in to limbo.