Military Based Immigration & Citizenship Lawyer in Fairfax

For many service members and their families, U.S. citizenship is an important goal. Becoming a U.S. citizen can provide security, benefits, and peace of mind. Fortunately, the U.S. government has established specific pathways to citizenship for active-duty military personnel and their families, offering unique opportunities to serve their country and gain permanent residency and citizenship more quickly.

Citizenship Through Military Service

One of the most well-known and beneficial pathways to U.S. citizenship is through military service. The U.S. government has special provisions to expedite naturalization for those who have served in the military. This process is part of the Immigration and Nationality Act (INA), which includes provisions for individuals who have served in the U.S. Armed Forces.

Expedited Naturalization for Service Members

Under the Immigration and Nationality Act, service members can apply for expedited naturalization. In general, lawful permanent residents (green card holders) must wait five years before applying for citizenship. However, active-duty service members do not have to wait this long. In fact, the wait time for service members can be reduced to just one year.

To qualify for expedited naturalization through military service, a service member must meet several key requirements:

• They must have served honorably in the U.S. Armed Forces for at least one year.
• They must be either a legal permanent resident or a lawful resident in some capacity during their time of service.
• They must meet other general eligibility requirements for naturalization, such as demonstrating good moral character, passing an English and civics test (unless waived), and taking the Oath of Allegiance to the United States.

This process allows service members to gain U.S. citizenship without waiting the usual five years, and it applies to individuals in all branches of the military, including the Army, Navy, Air Force, Marine Corps, and Coast Guard.

Special Considerations for Service Members in Combat Zones

For service members who have served in a combat zone, the requirements are even more lenient. The INA allows for service members who have served during a time of hostility to apply for naturalization without the usual requirement of permanent residence. This means that soldiers who serve in a combat zone can apply for citizenship immediately, regardless of their current immigration status.

This special provision applies to service members who have served in areas designated by the President of the United States as combat zones. It provides an accelerated route to citizenship for those who are putting their lives at risk for the country, regardless of whether they have had permanent residency for any length of time.

Citizenship for Family Members of Service Members

The benefits of military service extend beyond the service members themselves. Immediate family members, including spouses and children, may also qualify for expedited citizenship and permanent residency based on the military service of the service member.

Parole in Place

Parole in Place (PIP) is a special provision that allows certain family members of active-duty service members and veterans to stay in the United States legally, even if they originally entered the country without permission. This program is designed to protect family members from deportation and to allow them to adjust their status.

For example, a spouse or child of an active-duty military member who entered the country unlawfully may be able to apply for PIP, which essentially grants them legal status while they pursue a green card. The military service of the family member makes it possible for them to adjust their status without leaving the country, making it easier for families to remain together.

Naturalization for Family Members

Military families can also benefit from the expedited naturalization process. Family members, such as spouses or children of service members, may be eligible for citizenship if the service member is either in active duty or has served honorably in the U.S. Armed Forces.

The general rules for family-based naturalization are similar to those for service members. Spouses of U.S. citizens can apply for citizenship after three years of being married and living in the U.S., while children of military members may be eligible for naturalization under certain circumstances. In some cases, children under 18 who are living with their U.S. citizen parent automatically become U.S. citizens.

Benefits of Military-Based Citizenship

For military members and their families, becoming U.S. citizens brings significant benefits beyond just legal status.

• Eligibility for Military Benefits: U.S. citizens are eligible for a wide range of benefits, including healthcare, retirement benefits, and educational opportunities. Many of these benefits are only available to citizens, and for service members, citizenship ensures continued access to these vital resources.
• Security for Families: Military families benefit from knowing that their legal status is secure. With military service comes frequent relocations, deployments, and other unique challenges. Having U.S. citizenship allows families to avoid the fear of deportation or legal issues related to their status while moving between military bases.
• Expedited Immigration Benefits: In addition to the naturalization benefits, military members and their families may also have quicker access to other immigration-related benefits. For example, spouses and children of U.S. citizens can receive green cards faster than others.
• Serving with Confidence: For service members themselves, U.S. citizenship brings the reassurance that their ability to serve their country is recognized fully. Military members can continue their careers without worrying about their legal status or the potential of being denied citizenship due to their immigration history.

How a Legal Expert Can Help

While the military offers a clear path to citizenship for service members and their families, the process can still be complicated. Having an immigration lawyer with experience in military-based immigration can ensure that applicants navigate the process smoothly and avoid common mistakes.

An immigration lawyer can help:

• Determine the best pathway to citizenship based on the applicant’s service history.
• Guide military families through the process of securing Parole in Place and other immigration benefits.
• Help service members and their families gather necessary documentation and meet specific requirements.

For military service members and their families, U.S. citizenship can be a rewarding and empowering goal. The U.S. government has developed clear pathways to citizenship that acknowledge the sacrifices made by military personnel. Through programs like expedited naturalization and Parole in Place, service members and their families can more easily secure legal status and enjoy the benefits of being U.S. citizens.

If you are a military service member or the family member of one, understanding your eligibility and the available immigration benefits is crucial. Working with an immigration lawyer can ensure that you take the right steps toward citizenship and avoid unnecessary obstacles along the way.