Benefits for the Immigrants in our Militaries
To qualify for United States citizenship, a series of stipulations must be met. Among them are a knowledge of civics, demonstrated attachment to the United States Constitution, and a willingness to protect the nation during times of conflict. However, many potential immigrants opt to earn their citizenship through military service. Joining the military offers several benefits towards the pathway to citizenship, depending on the time period in which one serves. These benefits include a waiver of a permanent resident period, fee waivers for required forms, and cancellation of the required stateside residence timeframe.
There are two categories defining military service: peacetime and period of hostilities. Peacetime is defined as periods of time in which the United States is not currently engaged in military hostilities with foreign nations or entities. Period of hostilities is defined as the opposite; times in which the United States is militarily opposed to hostile entities. The United States has been in a period of hostilities since 9/11/2001 and will only exit this status with an executive order from the President. While military service expedites the citizenship process, the two different periods of service yield different benefits for potential immigrants.
Service during peacetime leads to three important benefits for any possible beneficiaries: waiver of the continuous residence requirement, the physical presence requirement, and the USCIS filing fee. The continuous residence requirement means that applicants do not need to spend 5 years as a permanent US resident, and the physical presence requirement states that potential applicants must reside in the United States for 30 months. Due to the pressures of military service and the benefits it brings, these two stipulations are erased. The USCIS naturalization fee of $725 is also waived, meaning the applicant must only pay the $85 biometrics fee. To qualify for peacetime service status, potential applicants must meet a minimum set of standards. Applicants have to serve honorably for at least 1 year. They must also meet the regular set of requirements for all naturalization candidates, including age and character requirements. Peacetime service expedites the naturalization process greatly, but service during periods of hostility can further benefit applicants.
Since 9/11, the US has been officially under a sustained period of hostilities. Benefits towards naturalization, for members of the armed services during hostilities, are generally the same as peacetime service. However, the mandatory 1year service period is waived and, so long as they serve in a period of hostilities, and potential immigrants may apply on their first day of military service.
Military service, whether during peace or hostilities, accelerates the naturalization process of potential immigrants. The core, time consuming requirements of citizenship are negated and the expensive USCIS fee is waived.
Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date. We strongly encourage parties with Immigration issues to seek the advice of a licensed Immigration Attorney. To schedule a consultation today, contact Pham Law.
