Military Service and Immigration

In the United States, an immigrant or a foreign national can obtain citizenship through military service. The special provisions of the Immigration and Nationality Act (INA) allow individuals of foreign nationality to gain permanent residence and citizenship by joining the U.S. Armed Forces. Under Title 8 CFR Section 328.1, military service in the U.S. involves serving in either the U.S. Army, Navy, Marines, Space Force, Coast Guard, or in a National Guard unit. A person who is serving or has served in any of these branches is eligible to apply for citizenship under the INA. For immigrants who served in a National Guard unit, their citizenship claim would depend on whether their unit was federally recognized as a reserve component of the U.S. Armed Forces during their service.

Can You Be an Immigrant and Serve in the U.S. Military?

In the United States, an immigrant is allowed to enlist in the military. However, under Title 10 U.S. Code Section 532, immigrants in the military cannot become commissioned or warrant officers until they become U.S. citizens. For immigrants to serve in the U.S. military, certain requirements must be satisfied, including:

• Having a permanent resident card: For an immigrant to serve in the military, they must first obtain a permanent resident card (also known as the green card) which is issued by the U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security. Having a green card indicates that an immigrant is living permanently and legally in the United States. An immigrant can obtain a green card in the U.S. if any of the following conditions are fulfilled:
  - The person is a relative of a U.S. citizen
  - The person is a worker with exceptional skills. Although unskilled laborers can apply, a lower preference is given to them
  - The person is a political refugee
  - The person is a victim of human trafficking or abuse.
  
• Currently residing in the U.S.: An immigrant cannot join the U.S. military from a foreign country. U.S. federal law, therefore, requires that immigrants interested in joining the military must be legally living in the U.S. at the time of their application.
• Have obtained a high school diploma and speak English fluently: Having a green card and currently residing in the U.S. is not sufficient enough to join the U.S. Army. The enlisting immigrant must be able to speak, read and write English fluently. In addition, they must also meet other requirements such as:
  - Being at least 17 years old and no older than 35 years
  - Being in good health condition
  - Having a high school diploma or a GED
  - Passing the Armed Services Vocational Aptitude Battery test (ASVAB)
  - Must be a college graduate to become an officer.
  
  

It is important to note that an enlisting immigrant who has a disqualifying condition such as a criminal record or health problems may request a waiver from the military. However, there is no guarantee that such a waiver will be granted. Indeed, there are limitations for non-U.S. citizens who enlist in the military. Except they become citizens, non-U.S. citizens cannot obtain a security clearance, re-enlist or qualify for overseas assignments in the military.

Does the Military Help with Immigration?

The U.S. military cannot and does not assist immigrants in obtaining admittance into the U.S. The government agency responsible for immigration and naturalization is the U.S. Citizenship and Immigration Services (USCIS). The agency is involved in immigration governance and helps in assessing whether an immigrant qualifies for citizenship or naturalization. The USCIS is also in charge of evaluating permanent residency status, eligibility for work visas and asylum, as well as immigration based on familial status, visa extensions, and humanitarian aid. The U.S. military will only accept an application after immigration procedures are completed and it is shown that the applicant is currently residing in the U.S. 

Can the Military Give You a Green Card?

The military is not responsible for issuing green cards in the U.S, as that is the duty of the USCIS. However, an immigrant can obtain citizenship through U.S. military service under the INA. According to Section 328 of the INA, an immigrant who has served honorably in the U.S armed forces for at least one year is eligible to apply for citizenship. To qualify for citizenship under this section, the applicant must satisfy the following conditions:

• Must be 18 years old or older
• Must have served honorably at any time in the U.S. Army for at least one year
• Must have submitted a completed Form N-426 (Request for Certification of Military or Naval Service), at the time of filing Form N-400
• Must demonstrate that if separated from service, they were never separated except under honorable conditions
• Must be a lawful permanent resident at the time of their naturalization interview
• Must satisfy certain residence and physical presence requirements
• Must demonstrate the ability to read, write and speak English, unless qualified for a waiver or exception
• Must demonstrate knowledge of U.S. history and government, unless qualified for a waiver
• Must demonstrate good moral character for at least five years before filing Form N-400
• Must demonstrate an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law, unless qualified for waiver.
  
  

In line with Section 329 of the INA, immigrants currently serving or who have previously served honorably in the U.S. Army during a designated period of hostilities may also qualify for naturalization. The designated periods of hostilities are between 6 April 1917 – 11 November 1918; 1 September 1939 – 31 December 1946; 25 June 1950 – 1 July 1955; 28 February 1961 – 15 October 1978; 2 August 1990 – 11 April 1991; 11 September 2001 – present. It is important to note that an applicant who files for naturalization on the grounds of military service during hostilities is exempt from the general naturalization requirements of continuous residence and physical presence. Such an applicant must however satisfy other conditions, including:

• Must have served honorably in the U.S. Army during any of the above designated periods of hostility.
• If separated from service, must demonstrate that they separated under honorable conditions.
• Must have submitted a completed Form N-426 (Request for Certification of Military or Naval Service), at the time of filing their N-400
• Must be a lawful permanent resident or have been physically present at the time of enlistment, reenlistment, or extension of service or induction into the U.S. army
• Must demonstrate the ability to read, write and speak English, unless waived
• Must demonstrate knowledge of U.S. history and government, unless waived
• Must demonstrate good moral character for at least one year before filing their N-400
• Must demonstrate an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law, unless waived.
  
  

Once an applicant meets all the requirements of either section 328 or 329 of the INA, they may apply for naturalization by filing Form N-400 (Application for Naturalization) under the section that applies to them. Unlike other naturalization applicants, applicants filing under Section 328 or 329 of the INA are not required to pay the N-400 application fee. However, they must complete and file the USCIS Form N-426 (Request for Certification of Military or Naval Service), which requires an endorsement from a U.S. military official.

What Percentage of US Armed Forces are Immigrants?

Current statistics show that immigrants make up approximately 5% of the U.S. armed forces. According to the USCIS, over 148,000 immigrants in the military have been naturalized since the year 2002. In the fiscal years between 2017 and 2021, about 30,000 immigrants were naturalized through U.S. military service. In 2021, 8,800 immigrants in the military were naturalized, which is a 90% increase compared to the previous year.

Do You Lose U.S. Citizenship if You Join a Foreign Army?

According to Section 349(a)(3) of the INA, a U.S. citizen who joins a foreign army may lose their citizenship under certain circumstances. In line with this section, there would be a loss of citizenship if a U.S. citizen intending to relinquish their nationality, joins the armed forces of a foreign state engaged in hostilities against the United States, or serves the armed forces of any foreign state as a commissioned or non-commissioned officer. This provision is in line with Title 8 U.S. Code Section 1481 which outlines acts of expatriation that can result in loss of nationality. According to this provision, whenever the loss of U.S. nationality is put in question in any proceeding, the burden of proof rests on the party claiming that such loss occurred, to establish such a claim. Generally, there is a presumption that any person who commits or performs an act of expatriation under U.S. federal law did so voluntarily, but such presumption can be rebutted by showing that the act was not committed or performed voluntarily. 

In determining whether there is an intention to relinquish nationality, the U.S. Department of State has established an administrative presumption that a person who joins the armed forces of a foreign state not engaged in hostilities against the United States does not have the intention to relinquish citizenship. In addition, a U.S. citizen who voluntarily serves as a commissioned or non-commissioned officer in the military of a country not engaged in hostilities with the United States will lose their nationality only if they intended to relinquish their U.S. citizenship when they served in the foreign army.

It is important to note that the administrative presumption of intention to retain nationality does not apply to any person who voluntarily serves the military of a state engaged in hostilities against the United States. This is because such action is deemed as a case of relinquishing one's U.S nationality. However, each case will be judged based on the entirety of the circumstances. It is not enough for the U.S. government to claim that the person performed an expatriating act, such as joining a foreign military force. It must also be shown that in the course of committing the act, the person intended to relinquish their U.S. nationality. The findings of the U.S. Department of State may be used as evidence to prove the requisite intent of the person. Such findings may however be rebutted in court.

Can I Join the US Military as a Foreigner?

A foreigner cannot join the U.S. military unless they are legally residing in the United States and possess a Permanent Residence Card (the Green Card). As in the case of an immigrant, a foreigner qualifies for a green card if they fall into any of the following categories:

• They are a relative U.S. citizen 
• They are hard workers with exceptional skills. Although unskilled laborers are welcome to apply, they are given a lower priority
• They are a political asylum seeker
• They are victims of human abuse or trafficking.
  
  

A foreigner who falls into any of the above categories can apply for a green card and become eligible for naturalization through military service if they have obtained a high school diploma, and if they speak, write and read English fluently. The foreigner must also demonstrate good moral character, knowledge of the U.S. government and history, attachment to the U.S., and allegiance to the U.S. Constitution. 

Foreign nationals who enter the military during peacetime may become eligible for naturalization so long as they have a legal permanent residency and have served honorably in the U.S. military force for at least one year. U.S. federal law requires individuals who meet these criteria to file for naturalization while in service or within six months of service. However, foreigners who serve during wartime and meet the general requirements can immediately file for naturalization. Posthumous citizenship is also offered to foreigners who are killed in combat. For a foreign national to be eligible for posthumous U.S. citizenship, it must be shown that the deceased had served honorably in an active-duty status with the military and died as a result of injury or disease incurred during a period of military hostilities.

Can You Join the Army if You're Undocumented?

Generally, an undocumented immigrant who does not have a Permanent Residence Card cannot enlist in the U.S. army.  However, there are certain situations where an undocumented person might be allowed to join the armed forces, particularly in times of military emergencies. It is important to note that undocumented immigrants may enroll in the Deferred Action for Childhood Arrivals (DACA) program, which is an administrative relief that protects eligible immigrants who came to the U.S. when they were children from deportation. The program protects undocumented immigrants from deportation, provides them with a work permit, and also offers them the opportunity to join the military under a special program called the Military Accessions Vital to the National Interest (MAVNI). To qualify for a DACA, the following requirements must be satisfied:

• Must be under the age of 31 as of 15 June 2012
• Arrived in the U.S. before reaching their 16th birthday
• Have continuously resided in the U.S. to date
• Was physically present in the U.S. on 15 June 2012, and at the time of making their request with the USCIS
• Had no lawful immigration status or has expired any lawful immigration status or parole that they have obtained
• Must either be currently in school, have graduated or obtained a high school certificate or GED, or honorably discharged from the U.S. military
• Has no prior criminal record and poses no threat to U.S. national security or public safety.
  
  

The MAVNI program is available to foreign nationals who do not have permanent resident status but have resided legally in the U.S. for at least two years. Individuals falling under this category must either be involved in health care professions or have foreign language skills. An undocumented migrant who applies under the MAVNI pilot program will also have to satisfy all the general requirements to become a U.S. citizen, as in the case of other members of the U.S. armed forces who apply for citizenship.

How Long does it Take for a Military Spouse to Get a Green Card?

It takes 10 to 38 months before a military spouse can obtain a marriage green card in the United States. The length of time usually depends on whether or not the application was made in the U.S. or a foreign country. Unlike in cases of spouses of U.S. citizens, the process takes longer for spouses of green card holders who have to wait for a visa number before making their application. To qualify for a military spouse green card, foreign nationals in the U.S. military must satisfy the following requirements;

• Must be a green card holder and have a permanent resident status
• Must earn at least 100% of the poverty guidelines for their household size
• Must accept financial responsibility for their spouse
• Must not have a previous criminal record.
  
  

For military spouses seeking a green card, they are required to prove their identity, nationality, and current U.S. immigration status, and they must not have a previous criminal record or immigration violation. In addition, both spouses are required to prove their marriage authenticity, demonstrate termination of any previous marriage, and submit necessary supporting documents such as birth certificates, and military service records, amongst others.

Can a Military Spouse Get Deported?

A military spouse can be deported from the United States if found to be residing in the country illegally. While non-U.S. citizens in the military qualify to apply for naturalization as U.S. citizens, the same cannot be said for their spouses who are not lawful permanent residents. However, military spouses facing deportation are allowed to apply for the parole waiver program which enables them to adjust their status without having to leave the country. A military spouse may also be deported if found to be guilty of a criminal offense such as murder, domestic violence, drug or substance abuse, money laundering, document fraud, and other offenses listed in Section 237(a) of the INA and Title 8 U.S. Code Section 1227. 

In addition, a military spouse found in violation of U.S. immigration laws can also be deported. For example, a military spouse may risk deportation if found to have participated in a fraudulent marriage with a U.S. military member or was involved in smuggling other aliens into the U.S. It is important to note that an alien discovered to have received public assistance within five years of admittance into the U.S. may risk deportation. This is because U.S. immigration laws stipulate that "any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable." However, it seems that this provision may not apply to family members of U.S. service members. This is because based on the U.S. Department of Homeland Security (DHS) Public Charge Final Rule, receipt of public benefits by the spouse and children of anyone enlisted in the U.S. armed forces, or is serving in active duty, is not considered a public charge.

How Long does it Take to Become a U.S. Citizen Through the Military?

The length of time for becoming a U.S. citizen through the military depends on whether a person serves during peacetime or in times of war. An immigrant that serves in the U.S. military during peacetime can apply for citizenship within one year of service. The application can be made while in active duty or within six months of separating honorably from the military. A person who enters the U.S. military service for less than one year during peacetime can also apply for U.S. citizenship five years after obtaining their permanent resident card. Within these five years, the applying immigrant must have also resided in the U.S. for at least two and a half years. In addition, a person who served in the U.S. military for any designated period during wartime can also apply for U.S. citizenship. It is important to note that the applicant does not need to be a green card holder. However, it is necessary that such a person physically resides in the U.S. or aboard a U.S. vessel when enlisted, re-enlisted, or inducted into the military. 

Can an Immigrant Join the Army Without a Green Card?

Generally, an immigrant cannot join the U.S army without first obtaining a valid green card. Even after possessing a green card, an immigrant must satisfy other general requirements before they can serve in the army. These include physically residing in the U.S., knowledge of the English Language, being between the ages of 17-35 years, being in good health condition, having a high school diploma or a GED, as well as passing the ASVAB test. 

The U.S. MAVNI recruitment program however makes it possible for immigrants to join the army without first having to obtain a lawful permanent residence status. In addition, the program allows an undocumented immigrant to apply for U.S. citizenship through Form N-400 (Application for Naturalization). It is important to note that only immigrants who have the right skills that make them suitable for being in the military are eligible for the MAVNI program. These include health care professionals or language experts. To qualify for the program, the applicant must have legal immigration status, either as a refugee, asylee, or Temporary Protection Status recipient for at least two years immediately before the enlistment date. Also, the applicant must not have been absent from the U.S. for over 90 days during the two years eligibility period. Immigrants seeking appointment in the army as healthcare professionals must fulfill the following criteria:

• Must meet all qualification criteria required for their medical specialty, as well as the criteria for foreign-trained Department of Defense (DoD) medical personnel recruited under different authorities
• Must fill the medical specialties where the military has a shortfall of qualified doctors or nurses
• Must prove that they can speak, read or write English fluently
• Must accept to serve at least three years of active duty or six years in the Selected Reserve.
  
  

Immigrants with special language skills and cultural backgrounds must fulfill the following criteria:

• Must have specific cultural and language capabilities that are critical to DoD
• Must demonstrate proficiency in their language skills
• Must enlist for at least four years of active duty
• Must meet the enlistment eligibility criteria.

Can Military Spouses Get Citizenship Faster?

Spouses of U.S. citizen military members who are (or will be) deployed outside the United States can obtain expedited naturalization under Section 319(b) of the INA. To be eligible for faster citizenship, a military spouse must meet the following requirements;

• Must be 18 years or older
• Must establish that their spouse is a U.S. citizen who is, or will be, regularly stationed abroad as a military member for one year or more
• Must be authorized to accompany their spouse abroad by their spouse’s official orders
• Must reside in the U.S. as a lawful permanent resident at the time of their naturalization application interview
• Must reside in the U.S. at the time of naturalization
• Must declare in good faith upon naturalization an intent to reside abroad with their spouse and to reside in the U.S. immediately upon their spouse’s termination of service abroad
• Must be able to read, write, and speak basic English
• Must have a basic knowledge of U.S. history and government
• Must be a person of good moral character
• Must be attached to the principles of the U.S. Constitution
• Must be well-disposed to the good order and happiness of the U.S.
  
  

According to Section 319(e)(2) of the INA and 8 U.S. Code Section 1443a, a military spouse who is a lawful permanent resident can naturalize abroad without traveling to the U.S. To qualify for naturalization outside the U.S, the following requirements must be fulfilled:

• The applicant must be the spouse of a U.S. military member who is deployed abroad in that capacity
• The applicant must be authorized to accompany their spouse outside the U.S by their spouse’s official orders
• The applicant must reside outside the U.S. in a marital union with their spouse
• The applicant must meet the requirements of either Section 316(a) or Section 319(a) of the INA at the time they file their naturalization application.
  
  

The provisions of section 316(a) of the INA apply to a military spouse who has been a lawful permanent resident in the U.S. for at least five years before the date they file their naturalization application and who is physically residing in the U.S. for at least two and a half years. Section 319(a) applies to a person who;

• Is a spouse to a U.S service member that has been a U.S. citizen for at least three years before the date they file their naturalization application
• Has been a lawful permanent resident and has lived in the U.S. for at least three continuous years before the date they file their naturalization application
• Has lived in marital union with their U.S. citizen spouse for at least three years before the date they file your naturalization application
• Has been physically present in the U.S. for at least 18 months out of the three years immediately preceding the date they file their application. 
  
  

It is important to note that the time a military spouse spends living in a marital union with their spouse who is outside the U.S. under military orders can be considered to fulfill the continuous residence and physical presence requirements. In addition, the naturalization application can be filed for up to 90 calendar days before a military spouse meets the time criterion for being a lawful permanent resident.

How Can a Military Naturalization Lawyer Help?

Hiring a military naturalization attorney with the skills and experience in military naturalization can help the applicant get clarity on the process and achieve the best possible outcome. A military naturalization lawyer is a licensed professional authorized and qualified to assist a military member or their relative with their immigration case or green card application. Such a lawyer has the requisite knowledge and skill needed to represent their clients and advise them on naturalization issues. A military naturalization lawyer understands U.S. immigration laws and advises their clients on how to obtain permanent legal residency and citizenship through military service. In addition, a military naturalization lawyer helps to protect the legal rights of their clients. Such an attorney protects the eligibility rights of their clients and assists them to navigate the complex processes of obtaining a green card and citizenship in the U.S.