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1 1 (April 29, 2022)

handle is hein.crs/govefqr0001 and id is 1 raw text is: ~11 n 1rin the leiltv Ueaesne11 S April 29, 2022 U.S. Citizenship Through Military Service and Options for Military Relatives Overview Obtaining U.S. citizenship provides certain benefits to immigrants, including the right to vote, security from deportation, and eligibility for a U.S. passport. Congress has provided opportunities for citizenship through qualifying military service since the Civil War. The Immigration and Nationality Act (INA) specifies provisions for expedited naturalization through military service during peacetime and periods of military hostilities. It also provides certain considerations for servicemembers' spouses, children, and parents. In recent years, some Members of Congress have expressed concern regarding the deportation of noncitizen U.S. veterans who were honorably discharged from the U.S. military, did not apply for naturalization, were charged with deportable offenses, and were removed to their countries of origin. Recently, the Department of Homeland Security (DHS) has announced certain initiatives addressing such concerns. Some Members have also raised concerns regarding the potential deportation of servicemembers' relatives as a threat to military readiness. The executive branch offers discretionary immigration options for relief from removal for certain relatives of servicemembers on a case-by-case basis under authorities designated by Congress. Eligibility to Join the U.S. Armed Forces In accordance with federal law, U.S. citizens, noncitizen nationals (individuals born in American Samoa and Swains Island), and lawful permanent residents (LPRs) are eligible to enlist in the U.S. Armed Forces and be appointed as officers. Persons from Micronesia, the Marshall Islands, and Palau are also eligible to enlist. There is also legal authority for those who do not fall into these categories to enlist in certain circumstances. The Military Accessions Vital to the National Interest (MAVNI) Program While federal law generally limits enlistment in the U.S. Armed Forces as described above, it allows the appropriate Service Secretary to authorize enlistment of those who do not meet such requirements in certain circumstances (10 U.S.C. §504(b)(2); prior to August 13, 2018, the Secretary had to determine the enlistment was vital to the national interest; the language was then amended to be somewhat more restrictive). This provision was the statutory basis for the MAVNI program that was authorized by the Department of Defense (DOD) in 2008. As implemented, the MAVNI program allowed the military services to recruit certain lawfully present aliens whose medical skills and language expertise were deemed vital to the national interest. Applicants at the time of enlistment had to be asylees, refugees, holders of Temporary Protected Status (TPS), beneficiaries of the Deferred Action for Childhood Arrivals (DACA) policy, or in certain nonimmigrant categories. The MAVNI program, as implemented, did not allow for the enlistment of aliens who were unlawfully present in the United States. MAVNI enlistees who then met the conditions for expedited naturalization through military service could immediately apply for U.S. citizenship. Following DOD's establishment of new security screening requirements on September 30, 2016, the military services stopped accepting new applicants to the MAVNI program. Naturalization and Military Service Typically, foreign nationals seeking to naturalize must have resided continuously as LPRs in the United States for five years; provide evidence of good moral character (GMC); demonstrate English proficiency, knowledge of U.S. history and civics, and an attachment to the principles of the U.S. Constitution; and take an oath of allegiance to the United States. Ordinarily, if an individual is in removal proceedings, U.S. Citizenship and Immigration Services (USCIS) cannot adjudicate the naturalization application. USCIS processes naturalization applications for a $725 fee (including a biometric fee). The INA exempts members of the military and former servicemembers from some of these requirements. Noncitizen current or former servicemembers may be exempt from the requirement for five years of continuous U.S. residence (see Military Service During Peacetime and Military Service During Hostilities below for more details) and are not required to pay naturalization fees. The INA also waives the provision prohibiting the naturalization of a person in removal proceedings for certain current and former servicemembers. Naturalization may be revoked if the servicemember is discharged under other than honorable conditions before having served honorably for a total of five years. Under the INA, naturalization requirements, including for continuous residence, differ depending on whether service occurred during peacetime or during periods of military hostilities as designated by executive order. Military Service During Peacetime To naturalize during peacetime under INA Section 328, servicemembers must have served honorably for at least one year, be at least 18 years old, and be an LPR at the time of examination of the naturalization application. The applicant must demonstrate GMC for at least five years prior to filing their application. Those who apply while in service or within six months of a discharge under honorable conditions are exempt from residence and physical presence https://crsreports.congress.gt

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