Immigration Options for Members of the Military and Their Families

Members of the U.S. armed forces and their families may qualify for special immigration benefits under federal law. These benefits can include pathways to lawful permanent residence (a Green Card), expedited naturalization, citizenship for certain spouses and children, and immigration protections for surviving family members. Learn more about military immigration.

At RJS LAW, we understand that military families face unique circumstances, including deployments, overseas assignments, frequent relocations, and other demands of military service. Our immigration team helps service members, veterans, and their families understand the immigration process and the potential benefits available.

Green Cards for Family Members of U.S. Military Personnel

U.S. service members who wish to sponsor qualifying family members for lawful permanent residence may qualify for immigration.  Eligibility and the appropriate process depend on factors such as the service member’s citizenship status, the family relationship, and the relative’s current immigration circumstances.

Military families may also qualify for special immigration procedures or discretionary benefits not generally available in the same manner to non-military applicants.

Citizenship for Military Members and Their Families

Current and former members of the U.S. armed forces may qualify for naturalization under special provisions of U.S. immigration law. Certain spouses and children of service members may also be eligible for special citizenship consideration.

Depending on the circumstances, military-related naturalization applicants may qualify for expedited processing even while the service member is stationed outside the United States.

Citizenship for Spouses of U.S. Military Members

Spouses of U.S. citizen service members who are deployed or stationed abroad may qualify for special naturalization provisions, including expedited naturalization or overseas processing.

In certain circumstances, a lawful permanent resident who is married to a U.S. citizen serving in the U.S. armed forces and stationed abroad may be able to complete the naturalization process outside the United States.

Special rules may also allow qualifying time spent abroad with a service member pursuant to official orders to be treated differently when determining whether certain residence or physical-presence requirements have been satisfied.

Because eligibility depends on the specific facts of the service member’s assignment and the spouse’s immigration history, each case needs to be evaluated individually.

Citizenship for Children of U.S. Military Members

Special citizenship provisions may also apply to children of U.S. service members, including certain children adopted by U.S. citizen parents.

Generally, a U.S. citizen parent may apply for citizenship on behalf of an eligible child born outside the United States who did not automatically acquire U.S. citizenship at birth. In some circumstances, if the citizen parent has died, a qualifying U.S. citizen grandparent or legal guardian may be able to pursue the process on the child’s behalf.

Children residing abroad with a U.S. service member pursuant to official military orders may benefit from special rules concerning residence and physical presence. These provisions may allow qualifying children to complete the citizenship process without requiring travel to the United States solely to satisfy requirements that would otherwise apply.

Immigration Benefits for Surviving Military Family Members

Certain surviving relatives of members of the U.S. armed forces may qualify for special immigration benefits.

For example, immediate relatives of a service member who passes as a result of an injury or disease incurred in or aggravated by combat may, depending on the circumstances, remain eligible for immigration benefits. Certain surviving family members may also qualify for special naturalization or citizenship provisions.

Because deadlines and eligibility requirements can apply to survivor benefits, surviving family members should seek legal guidance as soon as possible.

Citizenship Through U.S. Military Service

Military service can provide an expedited pathway to U.S. citizenship for qualifying service members. The requirements differ depending on whether the applicant’s qualifying service occurred during peacetime or during a legally designated period of hostilities.

Naturalization Based on One Year of Honorable Military Service

A person who has served honorably in the U.S. armed forces for at least one year may qualify for naturalization under special military provisions.

Generally, an applicant must:

• Be at least 18 years old;
• Have served honorably in the U.S. armed forces for at least one year;
• If separated from military service, received an honorable separation;
• Be a lawful permanent resident at the time USCIS examines the naturalization application;
• Demonstrate the required ability to read, write, and speak basic English, unless an exception applies;
• Demonstrate the required knowledge of U.S. history and government (civics), unless an exception applies;
• Establish good moral character for the applicable statutory period; and,
• Demonstrate a commitment to the principles of the U.S. Constitution and favorable disposition toward the good order and happiness of the United States.

Ordinarily, naturalization applicants must also satisfy continuous residence and physical-presence requirements. However, qualifying military applicants who file while still serving or within six months after honorable separation may be exempt from certain residence and physical-presence requirements.

Naturalization Through Military Service During a Period of Hostilities

U.S. immigration law provides additional naturalization benefits for individuals who serve honorably during designated periods of military hostilities.

Unlike the one-year military service provision, a qualifying applicant may be eligible based on service for any period of time during a designated period of hostilities, provided the other statutory requirements are satisfied.

Generally, the applicant must:

• Have served honorably on active duty or as a member of the Selected Reserve of the Ready Reserve during a designated period of hostilities;
• If separated from the military, the separation must be under honorable conditions;
• Have been lawfully admitted as a permanent resident after enlistment or induction, or have been physically present in the United States or certain qualifying territories at the time of enlistment or induction;
• Satisfy applicable English-language requirements;
• Demonstrate knowledge of U.S. history and government;
• Establish good moral character during the applicable period; and
• Demonstrate commitment to the principles of the U.S. Constitution and favorable disposition toward the United States.

Applicants naturalizing under this provision are not subject to the usual minimum age requirement.

Designated Periods of Hostilities

For purposes of military naturalization, designated periods of hostilities have included:

• April 6, 1917 – November 11, 1918
• September 1, 1939 – December 31, 1946
• June 25, 1950 – July 1, 1955
• February 28, 1961 – October 15, 1978
• August 2, 1990 – April 11, 1991
• September 11, 2001 – present, unless and until terminated by presidential executive order

Qualifying current members of the U.S. armed forces may be able to complete the naturalization process either within the United States or while stationed abroad.

How RJS LAW Helps Military Members and Their Families | Military Immigration

Military immigration cases involve special and unique laws and procedures that differ significantly from ordinary family-based immigration and naturalization cases. Determining which benefit applies requires reviewing the service member’s military history, immigration status, family relationship, overseas assignment, and the immigration history of the family member involved.

Military Immigration

RJS LAW assists service members, veterans, spouses, children, and qualifying surviving relatives with evaluating available immigration options and navigating the applicable USCIS process.

If you or a family member serves or has served in the U.S. armed forces and have questions about a Green Card, naturalization, citizenship, or another military-related immigration benefit, contact RJS LAW to discuss your circumstances and available options.