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Military & USICS: Immigration Rights & Benefits
Several immigration benefits exist for members and veterans of the Armed Forces and their families. For example, you may be eligible for expedited naturalization (citizenship). Recently enlisted non-citizens may be eligible to naturalize before completing basic training.
When working with USCIS in Jacksonville, You may be eligible to apply for a green card for your spouse, children, and family members. Your spouse may be eligible to file for certain benefits while you are deployed overseas with proof of deployment/military papers. You or your spouse can apply for naturalization through your military service. Immediate relatives of military personnel who died in combat may also be eligible for certain benefits.
These benefits are covered under USCIS as follows:
- Naturalization through Military Service
- Citizenship for Family Members
- Family-Based Survivor Benefits
- Discretionary Options for Military Members, Enlistees, and their Families
Discretionary options include:
- Parole in Place, on a case-by-case basis for non-citizens of military personnel who are illegally in the U.S., allowing them to apply for a green card without having to leave the country
- Deferred Action from removal (deportation)
- Filipino World War II Veterans Parole allowing certain individuals to rejoin family in the U.S. before approval of their immigrant visas
Contact Ms. Fakhre to help you learn more about the requirements and procedures for any of the above programs. We can confer with you in person, by phone, or through Skype.
Military Naturalization and Spouse Green Card Processing
If you served in the U.S. armed forces for at least one year and meet the requirements under sections 328 and 329 of the Immigration and Nationality Act (INA), you may qualify for naturalization through Form N-400. No fees are required for this process.
For military spouses seeking a green card, the timeline can vary based on individual circumstances but typically ranges from 10 to 38 months.
Military USCIS Spouse Green Card Requirements
There items required of the sponsoring spouse on active duty, the spouse who is seeking a green card, and for both spouses.
The sponsoring spouse must:
- Be U.S. citizen or a green card holder
- Not have committed specific types of crimes
- Earn at least 100% of the poverty guidelines according to USCIS for the size of the household
- Accept or have financial responsibility for the spouse
The spouse seeking a green card must:
- Be able to prove their identity, nationality, and current immigration status
- Not have committed specific types of crimes
Both spouses must:
- Be able to prove the authenticity of their marriage
- Be able to prove the termination of any previous marriages (if applicable)
- Be able to submit supporting documents
Who May Obtain Citizenship Through a Family Member in the Military?
Spouses of service members in the United States may be eligible for expedited naturalization outside of the U.S. Children of service members may also be eligible for naturalization or automatically acquire citizenship.
Naturalization Eligibility for Spouse of a U.S. Service Member
In order to be eligible for naturalization, you must:
- Be 18 years old or older
- Be able to read, write, and speak basic English
- Have basic knowledge of U.S. history and government
- Are a person of good moral character
- Prove that your spouse is a U.S. citizen who is regularly stationed abroad for 1 year or more
- Be authorized to accompany your spouse abroad through your spouse’s official orders
- Be a lawful permanent resident during your naturalization interview
- Be presented in the U.S. during naturalization
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