At National Security Law Firm (NSLF), we honor the sacrifices of military service members and their families by offering comprehensive immigration services tailored to their unique needs. Whether you or your loved ones are stationed in the United States or deployed overseas, our experienced attorneys are here to guide you through the complex immigration system with care, expertise, and efficiency.
Our mission is to provide you with the stability and security you deserve, so you can focus on serving your country and supporting your family.
Foreign Nationals in the U.S. Armed Forces: Immigration Considerations
Military service has long been a pathway for foreign nationals to contribute to the defense of the United States while addressing their immigration needs. At National Security Law Firm (NSLF), we specialize in providing legal guidance to foreign national service members, veterans, and their families to ensure their sacrifices are recognized and their rights are protected.
Who Can Serve in the U.S. Armed Forces?
Enlistment and appointment in the U.S. Armed Forces are generally limited to:
- U.S. Citizens and U.S. Nationals
- Lawful Permanent Residents (LPRs)
- Residents of certain Pacific Islands (Freely Associated States)
In certain cases, the Department of Defense (DOD) may authorize enlistment of other categories of foreign nationals under specific programs, such as the now-suspended Military Accessions Vital to the National Interest (MAVNI)
Legislative Developments and Policy Issues
Recent legislative measures have sought to address key immigration issues for foreign national service members and veterans, including:
- Expanding Enlistment Eligibility: Proposals to include Deferred Action for Childhood Arrivals (DACA) recipients and other non-U.S. nationals in military service eligibility.
- Removal Protections: Efforts to mitigate the removal of foreign national service members, veterans, and their families, including enhanced oversight of removal proceedings and pathways for deported veterans to return and regularize their status.
- Opposition to Expansion: Concerns raised regarding the enlistment eligibility of foreign nationals and the return of veterans with serious criminal offenses.
Foreign Nationals in the Military: Key Statistics
As of February 2024:
- Over 40,000 foreign nationals serve in active and reserve components of the U.S. Armed Forces.
- Approximately 115,000 foreign nationals residing in the U.S. are veterans who previously served on active duty.
Naturalization Through Military Service
Foreign national service members have long been eligible for expedited naturalization under special provisions of the Immigration and Nationality Act (INA). The requirements differ based on service during:
- Peacetime: Minimum one year of honorable service with specific residency and physical presence requirements.
- Hostilities: No minimum service duration and no residency or physical presence requirements.
Potential Removal of Foreign National Veterans
Despite their service, foreign national veterans who have not naturalized as U.S. citizens may face removal from the United States. Concerns include:
- The deportation of veterans and its impact on military readiness.
- The threat of deportation to immediate relatives of service members, which may pose challenges to military families.
The Immigrant Military Members and Veterans Initiative (IMMVI)
In response to these issues, the Department of Homeland Security (DHS) and Department of Veterans Affairs (VA) launched the Immigrant Military Members and Veterans Initiative (IMMVI) in 2021. This initiative includes:
- Facilitating access to naturalization for veterans residing abroad, including those who have been removed.
- Offering immigration parole to deported veterans to return to the U.S. for legal services and access to benefits.
- Implementing policies to protect the immigration status of immediate relatives of service members.
How NSLF Can Help
At National Security Law Firm, we are dedicated to assisting foreign national service members, veterans, and their families in navigating the complexities of military immigration law. Whether it’s naturalization through military service, protection from removal, or reuniting deported veterans with their families, our experienced team is here to fight for you.
Our Areas of Practice
We handle a wide range of military immigration services, with dedicated pages to address your questions and concerns in detail. Explore our key areas below:
1. Citizenship and Naturalization
We help military service members and their families navigate the path to U.S. citizenship, including:
- Naturalization Through Military Service: Expedited citizenship options for active-duty and veteran service members.
- Expedited Naturalization for Spouses of Service Members: Streamlined processes for spouses stationed abroad or living in the U.S.
- Overseas Naturalization for Spouses of Service Members: Citizenship pathways for spouses of deployed service members.
- Naturalization or Citizenship for Children of Service Members: Ensuring children meet eligibility requirements for automatic or acquired citizenship.
2. Green Cards and Adjustment of Status
We assist service members and their families in securing permanent residency through:
- Green Cards for Military Spouses: Help with applications for lawful permanent resident status.
- Adjusting Status for Spouses of Service Members: Legal support for spouses applying for green cards while in the U.S.
- Expedited Processing: Guidance on faster processing options to avoid delays.
3. Fiancé and Family Visas
Reunite your family with our expert assistance in fiancé and family-based immigration:
- Fiancé Visas: Support for service members bringing their fiancés to the U.S. for marriage.
- Family-Based Immigration for Military Members: Help for family members seeking visas or permanent residence.
4. Survivor Immigration Benefits
We provide compassionate guidance to surviving family members of service members:
- Naturalization for Surviving Relatives of U.S. Citizen Service Members: Citizenship options for spouses, children, or parents of deceased service members.
- Adjustment of Status for Surviving Relatives of Service Members: Legal pathways to secure permanent residence after a service member’s death.
5. Discretionary Immigration Options
Explore unique immigration options for military families, including:
- Immigrant Military Members and Veterans Initiative (IMMVI): Advocacy for immigration benefits under this specialized program.
- Parole in Place (PIP): Legal assistance for undocumented family members to remain in the U.S. lawfully.
- Deferred Action from Removal (Deportation): Guidance to prevent deportation and resolve immigration status.
- Difference Between Parole in Place (PIP) and Deferred Action
6. Additional Blogs and Educational Resources
Empowering you with knowledge about military immigration processes:
- Establishing Good Moral Character (GMC) for Naturalization: A Comprehensive Guide from NSLF on how to establish Good Moral Character.
- How Long Does the Military Naturalization Process Take. Discusses processing times for military naturalization.
- Military Naturalization with an Uncharacterized Discharge: What You Need to Know about proving Honorable Service.
- Naturalization of Veterans: Unique Challenges and How to Overcome Them. Explains how to overcome obstacles veterans face during the naturalization process.
- Understanding Key Immigration Terms for Military Families: Simplifying complex immigration terminology.
- Understanding Immigration Interviews for Military Families: Tips for what to expect and how to prepare.
- Why Retaining an Immigration Lawyer with a Military Background Is Crucial: Learn how our military experience benefits your case.
- Wartime Naturalization for Unauthorized Immigrants in the Military: A Path to Citizenship. Discusses how service members can naturalize, despite lack of lawful status.
- Military Wartime Naturalization for Service Members with False U.S. Citizenship Documents. Discusses how service members can naturalize, despite false citizenship documentation.
- Understanding the Immigration Implications of Military Administrative Punishment, Non-Judicial Punishment, Discharges, and Court-Martial Convictions. Discusses immigration issues for servicemembers facing these proceedings.
- Essential Questions for Noncitizens Facing Military Administrative Proceedings, NJP, or Court-Martial.
- Children of Military Personnel Born Abroad: Citizenship, Challenges, and Gender-Based Distinctions.
Fees and Financing for Military Immigration Services
At National Security Law Firm, we believe in transparency and affordability. Our flat fees ensure that you understand the costs involved upfront, and our flexible financing options make high-quality legal services accessible to all military families. Below, you’ll find an overview of our pricing for each of our key military immigration services:
- Naturalization Through Military Service: $1,995
- Citizenship for Families: $1,995
- Fiancé Visas: $2,500
- Green Cards/Adjustment of Status: $3,995
- Parole in Place: $1,995
- Deferred Action: $1,995
To make our services even more accessible, we offer legal financing options that allow you to spread payments over 3 to 24 months. This flexibility ensures that cost does not become a barrier to achieving your immigration goals. Whether you’re navigating naturalization, securing a green card, or bringing your loved ones closer, we’re here to guide you with care, expertise, and efficiency.
Learn more about our financing options here or book a free consultation today. Let us help you secure the stability and security your family deserves.
Why Choose National Security Law Firm?
When it comes to military immigration cases, you need more than a standard immigration attorney. At NSLF, we offer unmatched expertise tailored to military service members and their families:
- Military Immigration Expertise: Our team includes veterans, former Judge Advocate General (JAG) officers, and government insiders who understand the unique needs of military families.
- Tailored Solutions: Every case is different, and we create customized strategies to fit your situation.
- Global Support: Whether you’re stationed in the U.S. or deployed overseas, we can assist you.
- Free Consultations: Understand your options with no obligation.
- Flexible Financing Options: Spread legal fees over 3–24 months with transparent, upfront pricing.
Additional Legal Resources
Empower yourself with key statutes, regulations, and guidance that shape military immigration law:
Statutes and Laws
- Immigration and Nationality Act (INA): Governs U.S. immigration law, including naturalization and family-based immigration.
- 8 USC §1439. Naturalization through service in the armed forces
- 8 USC §1440. Naturalization through active-duty service in the Armed Forces during World War I, World War II, Korean hostilities, Vietnam hostilities, or other periods of military hostilities
- 8 U.S.C. § 1440: Expedited naturalization for service members during designated periods of hostility.
- 8 U.S.C. § 1439: Naturalization for service members during peacetime.
Regulations
- 8 C.F.R. Part 329: Naturalization for persons who served in the Armed Forces.
- 8 C.F.R. Part 316: General naturalization requirements.
Key Resources
- Part I (Military Members and their Families) of Volume 12 (Citizenship and Naturalization) in the USCIS Policy Manual. This section provides detailed guidance on citizenship and naturalization for military members and their families, covering unique provisions and expedited pathways.
- USCIS Military Resources: Comprehensive information on expedited processing, PIP, and survivor benefits.
- Immigrant Military Members and Veterans Initiative (IMMVI): Assistance for immigrant service members and veterans.
- Immigration Options for Military Members, Veterans, and Their Families (Congressional Research Service Report). This Congressional Research Service (CRS) report provides an overview of immigration options available to military members, veterans, and their families.
- S. Naturalization and Citizenship Laws for Military Members (Congressional Research Service Report). This Congressional Research Service (CRS) report explores the legal framework governing naturalization and citizenship for military members.
Take the Next Step
Your service to our country deserves recognition and support. Let National Security Law Firm handle the complexities of military immigration law so you can focus on what matters most—your family and your mission.
- Schedule a Free Consultation: Book now
At NSLF, we are proud to serve those who serve our nation. It’s Our Turn to Fight for You!