Chang & Boos, Attorneys-at-Law Creating - Transparent Borders  



Immigration Law Weekly

January 22, 1996

I am a 22-year-old student in the U.S. on an F-1 visa. I am interested in getting a green card and eventually becoming naturalized. Is it possible to become naturalized by joining a branch of the U.S. military if I am not enlisted now?

It appears as though you are asking about citizenship before you have even acquired permanent residence. You should know that you are getting a little ahead of yourself. Nevertheless, you have referred to special naturalization rights for persons in the U.S. military so that is the question I will answer.

INA s. 328 provides that a person who has served honorably at any time in the Armed Forces of the United States for a period or periods aggregating 3 years, and who, if separated from such service, was never separated except under honorable conditions, may be naturalized without having resided or been continuously physically present in the United States for at least five years immediately preceding the date of filing, if the application is filed while the applicant is still in the service or within six months after termination of such service.

In other words, members of the Armed Forces who have served honorably for an aggregate of three years do not have to establish five years of residence and continuous physical presence in the United States, which is the normal prerequisite for naturalization. All other requirements for naturalization continue to apply.

However, if you were hoping that this provision would get you from F-1 to U.S. citizen without having to apply for permanent residence status, forget about it. An applicant applying under this section must be lawfully admitted to the United States for permanent residence. The requirement is not specifically referred to in the section but, as it is not specifically waived, it remains applicable as a requirement of naturalization. Lawful permanent residence may occur before, during or after the qualifying military service.

NOTE: It is possible to obtain naturalization if you served in the U.S. armed forces during times of designated conflict, notwithstanding your lack of residence in the United States. The president by executive order designated Desert Storm as a period of conflict for the purpose of this naturalization benefit.



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