LEGAL

As an immigrant, am I able to join the U.S. Military?

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Immigrants may join the U.S. military between 17 – 39 years old and if they are naturalized U.S. citizens or have a valid green card. Applicants need to have a high school degree (or GED) and fulfill some requirements. 

Requirements for enlistment:

  • Have more than two years of eligibility remaining on their Green Card
  • Meet mental, moral, and physical standards
  • Complete a background investigation
  • Receive a favorable military security suitability determination (MSSD) before entry into service. 

Currently, undocumented immigrants are barred from serving in any military branch. No program allows illegal or foreign individuals to join the military, the Military Accessions Vital to the National Interest (MAVNI) program, which allowed for this, was terminated in 2016.

However, they might be allowed to join the armed forces in times of military need. U.S. legal permanent residents are entitled to enlist. Even so, there are several limitations for noncitizens seeking advancements within the U.S. military. Federal law requires that all military officers be U.S. citizens. This means that noncitizens can only join the military as enlisted members. 

Additionally, federal law prohibits granting security clearance to noncitizens, which limits high-level job opportunities for noncitizens in the armed forces.

Immigrant Members of Armed Forces 

Immigrant members of the U.S. armed forces and their immediate relatives may qualify to receive immigration benefits, mainly to obtain U.S. citizenship for themselves and their immediate families. 

According to the United States Citizenship and Immigration Services (USCIS), suppose you served honorably in the U.S. armed forces for at least one year at any time. In that case, you might be eligible to apply for naturalization. While some general naturalization requirements apply under INA 328, other conditions may not apply or are reduced.

Naturalization through service in the armed forces

 To establish eligibility under INA 328, you must:

  • Be 18 years old or older
  • Have served honorably at any time in the U.S. armed forces for a period or periods totaling at least one year
  • Have submitted a completed Form N-426, Request for Certification of Military or Naval Service (PDF, 418.02 KB), at the time of filing your N-400
  • Demonstrate that if separated from service, you were never separated except under honorable conditions
  • Be a lawful permanent resident at the time of your naturalization interview
  • Meet specific residence and physical presence requirements
  • Demonstrate the ability to read, write and speak English unless qualified for a waiver or exception
  • Demonstrate knowledge of U.S. history and government unless excepted
  • Demonstrate good moral character for at least five years before filing your N-400 through the day you naturalize
  • Demonstrate an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the United States during all relevant periods under the law, unless waived.

Legal permanent residents that serve in the military may be eligible for a quicker path to citizenship. Foreign nationals who honorably served in the U.S. armed forces during wartime may be eligible for naturalization even if not lawfully admitted for permanent residence in the United States.

However, undocumented war veterans have found that this path to citizenship is subject to significant blocks. Anyone pursuing this option should be aware that there is a high probability that their application will be stalled or denied. 

Family Members of Immigrants in the Military

As for undocumented family members of immigrants in the military, USCIS offers Parole in Place (PIP), which may be a helpful option to gain status as the immediate family member of a U.S. citizen. Using PIP, USCIS will assist these family members in becoming eligible to adjust their status without departing from the U.S. by granting them “parolee” status and thus removing issues of entry without inspection and unlawful presence.

PIP does not require the U.S. military member to serve on active, overseas, or combat duty. The family member must demonstrate a military connection to the need for PIP. PIP is a discretionary measure, and local USCIS districts have the authority of how and when to grant it. Those interested in pursuing PIP need to check with their local USCIS office for their preferred process here.

Check out here to learn more about these six branches: Air Force, Army, Coast Guard, Marine Corps, Navy, and Space Force. Each one with a unique assignment within the overall mission of U.S. security and peace.

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