The various rules and regulations surrounding United States immigration law can be overwhelming and complex. A common misconception is that immigrants can obtain a green card by joining the U.S. military. While this is not accurate, immigrant families can benefit greatly from their relative enlisting and serving in the U.S. forces. If you have questions or concerns regarding the military and its impact on immigration, speak with a Montgomery County green card lawyer to schedule your consultation today.
What Are the Requirements to Join the U.S. Military?
Depending on what branch of the military you would like to join you may have to meet various standards. However, the following requirements generally must be met to enlist in the U.S. military.
- Be a United States citizen or a green card holder
- Speak, read, and write English fluently
- Be at least 17 years old
- Have a high school diploma
- Pass a physical examination
You cannot get a green card by joining the military because being a lawful permanent resident is a requirement to enlist. There are many other ways to acquire a green card legally but enlisting in the U.S. military is not one of them.
How Does Military Service Affect a Person’s Ability to Get a Green Card?
As stated, joining the military is not a valid way to obtain a green card. The USCIS will not issue you permanent resident status based on your intention to enlist in the U.S. military, but it can benefit families in other ways.
Green card holders generally need to wait 3 to 5 years after receiving permanent resident status before they can apply for citizenship and naturalization. However, this rule does not apply to service members. A green card holder who serves in the U.S. military for at least one year can qualify for citizenship, avoiding the extensive waiting period.
A military member’s family may be eligible for certain immigration benefits through them. They can apply for a green card or even citizenship. An active, former, or reserve service member’s spouse and children may be entitled to:
- Lawful permanent resident status (green card)
- Citizenship
- Expedited naturalization
- Expedited processing
- Overseas naturalization
Service members are also offered posthumous immigration benefits for their families. The families of noncitizen military members who die in action can be awarded various aid including eligibility for adjustment of status, green cards, or even citizenship. Noncitizens who are killed in action may also become U.S. citizens if their next of kin file Form N-644 the Application for Posthumous Citizenship with the USCIS.
You cannot get a green card by joining the military but you can help your family get one. The benefits for noncitizen U.S. military servicemembers are ample and generous. If you have questions about your immigration status in relation to your or your family member’s military service, contact a skilled attorney for knowledgeable answers to all of your questions.
