Serving in the U.S military is viewed as a selfless commitment and sacrifice for the greater good of the nation.
This article will guide your understanding of the immigration benefits that are available for your family members if you are a serving member of the US military service. You can also read about green cards for military families here.
The U.S military service in this regard includes the U.S. Navy, Marines, Army, Air Force, or Coast Guard, or in any unit of a National Guard that is recognized by Federal law as a reserve component of the United States Armed Forces.
You can also read this article if you have a close family member currently serving or retired from the U.S military service so you will understand the benefits accruing to you in terms of immigration.
- Spouses of Military personnel have the right to include time spent on official assignments outside the shores of the U.S towards their claim for a U.S. permanent residency. If you already have a green card and you accompany your spouse who is a U.S citizen serving in the military on posting assignments to an overseas station, you are eligible to count your time on this Military assignment with your spouse as time spent in the United States. This will be important for fulfilling the various U.S. residency requirements for citizenship.
Under special provisions of the Immigration and Nationality Act (INA). U.S. service members, spouses, and children are not required to pay a filing fee when applying for US citizenship and they can complete the naturalization process overseas without visiting the U.S to apply.
- Citizens Killed while on active service for the country: If your spouse or family member, a U.S citizen, serving in the Military is killed while in service, the surviving family members (spouse, parent, or child) who are already permanent residents have the immediate right to transition to the status of citizens. For this purpose, you must meet the general naturalization requirements.
If you do not already have a permanent residency, you can apply for your green card as an immediate relative of a US citizen military personnel.
Unlike others applying for the green card, the financial capacity of such family members won’t be considered in granting their application.
Eligible family members in this category include the person’s legal spouse, parents, and unmarried children under the age of 21.
- Parole in Place is a policy that allows certain family members to stay and work in the U.S even without following the normal process. This policy seeks to foster family unity.
The parole in place privilege is available only to family members of those serving in the military service and it enables eligible family members to transition to permanent residents even if they gained entry without authorization or unlawfully.
Eligible family members include a legal spouse, a widower in case of decades military veteran, child, or parent. People who have however overstayed their US Visa are inadmissible for Parole in Place.
- If a non-U.S citizen’s Military personnel dies while fulfilling his duties on a military assignment. His family members are allowed to apply for posthumous U.S citizenship for such persons.
