Immigration Benefits for Members of the Armed Forces
Por Mackenzie R. Hogan
There are many immigration benefits available for service members and their families. USCIS and the Department of Defense have said that they value the contribution and sacrifice that non-U.S. citizen service members give to this country. It is important for members of the military to be able to resolve their immigration issues as quickly as possible so that they can focus on the mission at hand. Lawful permanent residents and U.S. citizens may join the military and receive benefits for themselves and their family members who are not U.S. citizens.
The primary benefit available to lawful permanent residents is naturalization through military service. When a lawful permanent resident enlists in the military today, they may be eligible for the USCIS Naturalization at Basic Training Initiative, in which the service member will complete all steps toward naturalization while at basic training. They will leave training as a U.S. citizen. As of 2013, the Army, Navy, Air Force, and Marines, have all joined in this initiative. Additionally, anyone who has honorably served in the military since September 11, 2001, or who joins the military during a time of hostilities, as we are in right now, is eligible to immediately naturalize. Service members who are stationed overseas also have access to the entire naturalization process for themselves and certain “command-sponsored” spouses. Additionally, spouses of service members who are scheduled to deploy may be able to expedite the naturalization process.
Another benefit available to non-U.S. citizen family members of military personnel is Parole in Place. On November 15, 2013, USCIS adopted the policy of granting parole in place to spouses, children, and parents of active duty military personnel, members of the Selected Reserve of the Ready Reserve, and veterans, who are physically present in the United States and who entered the U.S. without inspection or admission. This is a discretionary practice that allows family members of military personnel to be “paroled” into the United States without having to leave the country. This parole acts as an “admission” for the purposes of adjusting status to that of lawful permanent residence. This policy allows the family of service members to remain in the country and adjust their status.
While USCIS policy states that parole in place would be an appropriate exercise of discretion when the applicant is a family member of military personnel, there are certain adverse factors, such as criminal convictions, that could prevent a grant of parole in place. Once granted, however, the parole is valid for one year. If the family member has a single entry into the United States without inspection or admission, and they have no other grounds of inadmissibility, they will be eligible to adjust their status inside the United States.
Military service can be exceedingly beneficial. It allows young men and women to serve their country, gain valuable skills and experiences, and provide for themselves and their families. The U.S. government recognizes the many stresses and sacrifices that come with service to your country. They have provided several ways to alleviate the stress that the long and complicated immigration process can place on a service member and their family, allowing them to place the mission first, focusing on their country, and keeping themselves and their fellow service members safe.
