Posted on Oct 10, 2024
Anyone know the policy for the military taking non-citizens wanting to enlist?
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22-year old wanting to enlist. Been here 20-years, high school graduate with a Social Security card saying "Valid for work only with DHS Authorization". He has been told the only way around it is to get married to a U.S. citizen. He says he's not ready for marriage.
Citizenship
Policy
Enlisted
Posted 2 mo ago
Responses: 4
That restriction for joining the military is not due to policy and is dictated by law. Current law allows only those individuals who are U.S. citizens or those non-citizens who have a U.S. Permanent Resident Card (i.e., Green Card).
The individual you described is likely a covered DACA recipient, but DACA recipients are not permanent residents. For all intents, they are in limbo - They are not here lawfully, but they are not subject to removal because their status is covered by an (now vacated) Executive Order, not law (although the EO was vacated, there have been a number of judicial decisions regarding what can and can't be changed*).
There are additional ways forward for them in getting a Lawful Permanent Resident (LPR) status other than getting married. However, eligibility for the programs will vary as well as the likelihood of success.
I would highly recommend they talk to an immigration attorney to determine their possible way ahead in obtaining LPR status, but one of the first things they should do is apply for Advance Parole from DHS so they can leave and re-enter the U.S. lawfully. Without having a legal entry into the country, in most cases they will be prohibited from getting LPR.
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* Legal status of DACA - https://www.uscis.gov/sites/default/files/document/legal-docs/TexasII-Dkt-729-SupplementalOrderofInjunction-9-13-23.pdf
* Advance Parole - https://www.uscis.gov/i-131
* H1B Visa - https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
The individual you described is likely a covered DACA recipient, but DACA recipients are not permanent residents. For all intents, they are in limbo - They are not here lawfully, but they are not subject to removal because their status is covered by an (now vacated) Executive Order, not law (although the EO was vacated, there have been a number of judicial decisions regarding what can and can't be changed*).
There are additional ways forward for them in getting a Lawful Permanent Resident (LPR) status other than getting married. However, eligibility for the programs will vary as well as the likelihood of success.
I would highly recommend they talk to an immigration attorney to determine their possible way ahead in obtaining LPR status, but one of the first things they should do is apply for Advance Parole from DHS so they can leave and re-enter the U.S. lawfully. Without having a legal entry into the country, in most cases they will be prohibited from getting LPR.
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* Legal status of DACA - https://www.uscis.gov/sites/default/files/document/legal-docs/TexasII-Dkt-729-SupplementalOrderofInjunction-9-13-23.pdf
* Advance Parole - https://www.uscis.gov/i-131
* H1B Visa - https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
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COL Randall C.
SFC Kevin Childers - No doubt. A recent study by the Congressional Research Service (CRS) showed that more than 40,000 foreign nationals were currently serving in the military and that an additional 115,000 foreign nationals were currently residing in the US who had previously served on active duty.
However, the citizenship (or LPR) requirement has been law since 1968*.
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* CRS study (Foreign Nationals in the U.S. Armed Forces: Immigration Issues) - https://crsreports.congress.gov/product/pdf/R/R48163
* Public Law 90-235 - https://www.congress.gov/90/statute/STATUTE-81/STATUTE-81-Pg753.pdf
However, the citizenship (or LPR) requirement has been law since 1968*.
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* CRS study (Foreign Nationals in the U.S. Armed Forces: Immigration Issues) - https://crsreports.congress.gov/product/pdf/R/R48163
* Public Law 90-235 - https://www.congress.gov/90/statute/STATUTE-81/STATUTE-81-Pg753.pdf
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SFC Kevin Childers
When I enlisted the recruiter had one enlistee who's ID was a Mexican Army ID and in Boot camp one of the other recruits had been a teach and so our Drill Instructors had him teaching English in the back of the squadbay in the evening to other recruits who were no proficient other recruits. About 10 years later I noted a fair number of the Sr NCOs I served with were foreign born to include one who had been in Hitler Youth. I never doubted their loyalty to our country nor their abilities as members of our armed forces.
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COL Randall C.
SFC Kevin Childers - Very possible, but in those situations you described one of three things must have been true:
• The individuals were lawfully admitted to the United States and had become permanent residents; or
• The situations you described occurred prior to 1968; or
• The individuals were fraudulently enlisted.
As I stated before, citizenship is not a requirement to join the military, but if you're not a U.S. citizen the you must be "lawfully admitted for permanent residence” (Lawful Permanent Resident - LPR) to the United States. That requirement has been in place since Public Law 90-235 went into effect on January 2, 1968.
Being a non-citizen doesn't make you less likely to have loyalty to the United State, but if you haven't been lawfully admitted to the country, you aren't eligible to join the US Armed Forces.
• The individuals were lawfully admitted to the United States and had become permanent residents; or
• The situations you described occurred prior to 1968; or
• The individuals were fraudulently enlisted.
As I stated before, citizenship is not a requirement to join the military, but if you're not a U.S. citizen the you must be "lawfully admitted for permanent residence” (Lawful Permanent Resident - LPR) to the United States. That requirement has been in place since Public Law 90-235 went into effect on January 2, 1968.
Being a non-citizen doesn't make you less likely to have loyalty to the United State, but if you haven't been lawfully admitted to the country, you aren't eligible to join the US Armed Forces.
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SFC Kevin Childers
Yes that was years ago and Marine recruiters were well known for having ways to fill their quotas by any means deemed necessary.
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They have to be a legal resident to enlist. If they're not, then they can't (well not legally as there has been a couple stories I've seen that people fraudulently enlisted). If he needs citizenship, then he can do it on his own. He doesn't need to get married. I doubt that's any faster and they'll be zeroed in on him to make sure it's real.
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I remember back in the 60's that one of the airmen at our transmitter site was a Norwegian citizen. I believe he was working toward U.S. citizenship.
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PO2 Stephen Cline
Back in the 70's I went through boot with many none citizen recruits that were promised citizenship upon honorable service. I read an article few years ago article the government is reneging on that promise.
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