Policy
Policy
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 26 d ago
Responses: 3
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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MAJ Byron Oyler
CMSgt Marcus Falleaf - One thing I will add to the COL's response is to explore what kind of resources the person has before dropping a lot of money on a lawyer. I did all of my wife's paperwork and I found it very easy using the instructions that come with government forms. From a fiance visa to green card to citizenship, nothing was ever kicked back. I read the instructions...
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SFC Kevin Childers
Crazy stuff as many of us older veterans have served with so many non-citizens in our careers who were loyal and honorable members of the US military.
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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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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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Found he falls into the DACA black hole. There is new stuff in Congress right now but, it is still the same old "have to pass it so we can find out what's in it" deal. Just seems tough with all he has to offer and can't serve his country.
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