Can Immigrants Join the Military?
If you’re an immigrant, you might be wondering if you can join the military. As a member of the military, you’ll be subject to many rules and regulations. You’ll need to prove your citizenship or enlist under an approved waiver. These rules and regulations will vary depending on which branch of service you’re enlisted in. Whether you’re in the Navy, Air Force, Marine Corps or Army, there are specific requirements you’ll need to meet to qualify.
Background checks
Immigrants serving in the United States military must go through the same background checks as all other applicants. These checks help to identify potential national security threats. The Department of Defense has recently expanded its security screening requirements for immigrants. However, a recent study found that the costs associated with these checks are significantly higher than the costs of background checks for other recruits.
A study by the RAND corporation found that the costs of the checks were 500% higher than the costs for native born recruits. In addition, the report found that the checks were discriminatory, based on an unfair premise.
The Department of Defense claims that requiring immigrants to pass more extensive security checks is in the national interest. But a federal judge rejected the claim, concluding that the “national security” concerns were exaggerated. Instead, the court found that the enhanced screening requirements were a violation of the applicant’s rights.
There are other reasons to require immigrants to go through the same background checks as all other enlistees. For example, an immigrant may have been routinely in contact with parents in another country. This would be considered a derogatory relationship and could lead to discharge.
However, this is not always the case. The Department of Justice has prosecuted 27 individuals for fraudulent background checks.
Some of the background checks are performed by the US Citizenship and Immigration Services (USCIS), the Department of State, and the Department of Homeland Security. Other agencies also conduct background checks on immigrant enlistees.
As of late January, less than one thousand MAVNI recruits have received the results of their background checks. While some of the cases show poor oversight or gaps in the system, a majority of the cases indicate that the system works.
The armed services have welcomed many immigrants into its ranks since 1775. However, immigrant service is increasingly difficult to access. It is no secret that the military has faced a number of challenges in terms of readiness and access to earned benefits. Those challenges include the high turnover rate in certain industries.
Clearance timeframes
The process of obtaining a security clearance is not as simple as a few minutes in a computer lab. It requires extensive background checks, as well as a nondisclosure agreement (NDA) if the individual is a DoD civilian. Once the required background checks are completed, the individual is “debriefed.” In other words, they are provided a briefing on the proper way to protect classified information.
Although the process can be time consuming, it is well worth the effort. As a matter of fact, it is often the most significant part of the entire military selection process. To qualify for a security clearance, an individual must first be a citizen of the United States. Immigrants are also eligible. However, they must first be approved by the Office of Personnel Management (OPM).
Clearances are hierarchical in nature. Depending on the level of clearance sought, the time it takes to achieve a security clearance may vary. Obtaining a high-level clearance may take as long as a year or more. At the lower levels, a security clearance is issued on a temporary basis.
A security clearance may require the use of a variety of techniques, including Developed Vetting, or EV, which takes up to 18 weeks. Another approach is Limited Access Authorization, or LAA, which is usually granted to immigrants who have worked for DoD or other federal agencies for at least three years. If the applicant is a DoD civilian, he or she must return any classified materials to the service. Similarly, a high-level clearance will be reviewed on an occasional basis.
There are several different types of security clearances, such as a Secret (S), a Confidential (C), an Ordinary Secret (O), or an O-M. Each of these is a notch above the other, as a result. All of these are graded on a variety of criteria, including the number of documents they contain and their classification. Generally, a Secret (S) clearance is the highest ranking, while an Ordinary Secret (O) is the lowest.
A few notable exceptions to the rule are the aforementioned S and O-M, and a Confidential (C) clearance. Likewise, a Secret (S) is not a necessary prerequisite for an O-M.
Waiver for naturalization fees
One of the benefits of serving in the United States military is the ability to obtain a waiver for naturalization fees. There are some requirements that must be met, however, to be eligible for this special benefit.
To qualify for the fee waiver, applicants must prove that they have a good moral character, and they must also have sufficient knowledge of the English language. Additionally, they must demonstrate financial hardship, such as a medical emergency or job loss.
The US Citizenship and Immigration Services (USCIS) provides a fee waiver program. In order to be approved for this benefit, you must file Form I-912, Request for Fee Waiver. You will need to complete the form and submit it with supporting documents.
After you have submitted your application, a USCIS officer will review it and recommend approval. If he or she believes that your application is not appropriate for a fee waiver, the officer will inform you of your denial. However, if you still believe that your application should be accepted, you may appeal the decision by filing Form N-336.
While there are no guaranteed benefits, the fee waiver is one of the most significant benefits to military spouses. In fact, it allows them to adjust their status to permanent residents without having to leave the U.S. It also allows them to apply for parole-in-place, which allows them to remain in the US.
Another benefit of serving in the military is that some service members may qualify for expedited naturalization, which can shorten the time it takes to complete their citizenship application. Applicants for this benefit must be married to a citizen of the U.S. and have served honorably in the Armed Forces.
For a foreign-born military member to be considered for this benefit, he or she must have completed a minimum of one year of active duty during periods of hostility. These periods include the September 11th terrorist attacks and the conflict in Iraq and Afghanistan.
The Department of Defense has also developed a program called the Military Accessions Vital to the National Interest (MAVNI) program. The program recruits immigrants with skills that are in demand by the US government. Originally, the program was restricted to 1,000 to 1,500 per year, but it has increased to 5,000 in fiscal year 2016.
Eligible applicants for PIP
If you’re a military member or a family member of a military member, you may qualify for Military PIP. This program is a way to protect members of the armed forces and their families from deportation. It also allows family members to adjust their status to lawful permanent residents and apply for citizenship.
MIL-PIP is available to eligible family members, including spouses and children. However, certain conditions apply. You must meet the eligibility requirements, submit a complete application, and be in the United States to apply.
In order to be considered for PIP, you must have a close familial relationship with a military service member. You can demonstrate this by supplying a marriage certificate or birth certificate. Alternatively, you can show a military ID. A criminal background check will be conducted on every family member who wants to apply for PIP.
Although USCIS policy does not have a specific time frame for determining if an applicant is eligible for PIP, it does make a discretionary decision. Regardless of your circumstances, you should seek legal advice before attempting to file a claim.
You can obtain additional information from the USCIS website. In addition to this, you can also contact a nonprofit organization that has subject-matter expertise. Many of these organizations will have accredited representatives that can help you with your claim.
Applicants for PIP must be physically present in the United States to apply. However, individuals in the DEP (Disability Employment Program) are able to utilize PIP when they are on active duty.
If you have recently returned to the United States after living in another country, you may be eligible for PIP. If you do, you must have a pre-settled or settled status.
Individuals who qualify for PIP can use it to secure employment authorization. They can also obtain a driver’s license. Moreover, a Social Security number will be issued.
As for other immigration services, PIP is a discretionary measure. The Immigration and Nationality Act authorizes the Attorney General to grant PIP on a case-by-case basis.
Deferred action is also a discretionary benefit. The program grants similar benefits to PIP but is granted for a longer period of time.