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February 15, 2009
U.S. military offers new path to citizenship
The New York Times on its front page today reported a major story at the intersection of immigrants and the military: For the first time since the Vietnam War, immigrants in the U.S. on temporary visas will be allowed to enlist in the armed forces.
It's a deal thousands of immigrants won't be able to turn down. If you serve, we'll make you a citizen in as little as six months. Previously, only citizens and immigrants with green cards (permanent legal residents) have been allowed to enlist. The wait to become a citizen for temporary immigrants can stretch for at least 10 years in many cases.
The Times reports that new effort will start small with the Army but would be expanded to all military branches.
We've reported that a record number of immigrants are becoming U.S. citizens by serving in the armed forces. In 2006, more than 25,000 immigrants had become citizens and another 40,000 became eligible for citizenship through the military after President Bush signed an executive order in July 2002 speeding the process.
We should note that the military doesn't allow undocumented immigrants to serve. However, many of these immigrants eventually gained legal residency -- and then served their country.
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Veterans of U.S. Armed Forces
Certain applicants who have served in the U.S. Armed Forces are eligible to file for naturalization based on current or prior U.S. military service. Lawful Permanent Residents with Three Years U.S. Military Service
An applicant who has served for three years in the U.S. military and who is a Lawful Permanent Resident (LPR) is excused from any specific period of required residence, period of residence in any specific place, or physical presence within the United States if an application for naturalization is filed while the applicant is still serving or within six months of an honorable discharge.
To be eligible for these exemptions, an applicant must:
a) have served honorably or separated under honorable conditions;
b) completed three years or more of military service;
c) be a legal permanent resident at the time of his or her examination on the application; or
d) establish good moral character if service was discontinuous or not honorable.
Applicants who file for naturalization more than six months after termination of three years of service in the U.S. military may count any periods of honorable service as residence and physical presence in the United States.
Naturalization Applicants Who Have Served Honorably in Any Specified Period of Armed Conflict with Hostile Foreign Forces
This is the only section of the Immigration and Naturalization Act that allows persons who have not been lawfully admitted for permanent residence to file their own application for naturalization. Any person who has served honorably during a qualifying time may file an application at any time in his or her life if, at the time of enlistment, reenlistment, extension of enlistment or induction, such person shall have been in the United States, the Canal Zone, American Samoa, or Swains Island, or on board a public vessel owned or operated by the United States for noncommercial service, whether or not he has been lawfully admitted to the United States for permanent residence.
An applicant who has served honorably during any of the following periods of conflict is entitled to certain considerations:
World War I - 4/16/17 to 11/11/18;
World War II - 9/1/39 to 12/31/46;
Korean Conflict - 6/25/50 to 7/1/55;
Vietnam Conflict - 2/28/61 to 10/15/78;
Operation Desert Shield/ Desert Storm - 8/29/90 to 4/11/91
Operation Enduring Freedom - 9/11/01 to (open); or
any other period which the President, by Executive Order, has designated as a period in which the Armed Forces of the United States are or were engaged in military operations involving armed conflict with hostile foreign forces.
Applicants who have served honorably during any of the aforementioned conflicts may apply for naturalization based on military service and no period of residence or specified period of physical presence within the United States or any State shall be required.
Лев Кобрин – юрист, магистр права.
Nothing on this answer should be taken as legal advice. For legal advice, consult an immigration attorney.
Или вот:
By JULIA PRESTON
Published: February 14, 2009
Stretched thin in Afghanistan and Iraq, the American military will begin recruiting skilled immigrants who are living in this country with temporary visas, offering them the chance to become United States citizens in as little as six months.
Immigrants who are permanent residents, with documents commonly known as green cards, have long been eligible to enlist. But the new effort, for the first time since the Vietnam War, will open the armed forces to temporary immigrants if they have lived in the United States for a minimum of two years, according to military officials familiar with the plan.
Recruiters expect that the temporary immigrants will have more education, foreign language skills and professional expertise than many Americans who enlist, helping the military to fill shortages in medical care, language interpretation and field intelligence analysis.
“The American Army finds itself in a lot of different countries where cultural awareness is critical,” said Lt. Gen. Benjamin C. Freakley, the top recruitment officer for the Army, which is leading the pilot program. “There will be some very talented folks in this group.”
The program will begin small — limited to 1,000 enlistees nationwide in its first year, most for the Army and some for other branches. If the pilot program succeeds as Pentagon officials anticipate, it will expand for all branches of the military. For the Army, it could eventually provide as many as 14,000 volunteers a year, or about one in six recruits.
About 8,000 permanent immigrants with green cards join the armed forces annually, the Pentagon reports, and about 29,000 foreign-born people currently serving are not American citizens.
Although the Pentagon has had wartime authority to recruit immigrants since shortly after the Sept. 11 attacks, military officials have moved cautiously to lay the legal groundwork for the temporary immigrant program to avoid controversy within the ranks and among veterans over the prospect of large numbers of immigrants in the armed forces.
A preliminary Pentagon announcement of the program last year drew a stream of angry comments from officers and veterans on Military.com, a Web site they frequent.
Marty Justis, executive director of the national headquarters of the American Legion, the veterans’ organization, said that while the group opposes “any great influx of immigrants” to the United States, it would not object to recruiting temporary immigrants as long as they passed tough background checks. But he said the immigrants’ allegiance to the United States “must take precedence over and above any ties they may have with their native country.”
The military does not allow illegal immigrants to enlist, and that policy would not change, officers said. Recruiting officials pointed out that volunteers with temporary visas would have already passed a security screening and would have shown that they had no criminal record.
“The Army will gain in its strength in human capital,” General Freakley said, “and the immigrants will gain their citizenship and get on a ramp to the American dream.”
In recent years, as American forces faced combat in two wars and recruiters struggled to meet their goals for the all-volunteer military, thousands of legal immigrants with temporary visas who tried to enlist were turned away because they lacked permanent green cards, recruiting officers said.
Recruiters’ work became easier in the last few months as unemployment soared and more Americans sought to join the military. But the Pentagon, facing a new deployment of 30,000 troops to Afghanistan, still has difficulties in attracting doctors, specialized nurses and language experts.
Several types of temporary work visas require college or advanced degrees or professional expertise, and immigrants who are working as doctors and nurses in the United States have already been certified by American medical boards.
Military figures show that only 82 percent of about 80,000 Army recruits last year had high school diplomas. According to new figures, the Army provided waivers to 18 percent of active-duty recruits in the final four months of last year, allowing them to enlist despite medical conditions or criminal records.
Military officials want to attract immigrants who have native knowledge of languages and cultures that the Pentagon considers strategically vital. The program will also be open to students and refugees.
The Army’s one-year pilot program will begin in New York City to recruit about 550 temporary immigrants who speak one or more of 35 languages, including Arabic, Chinese, Hindi, Igbo (a tongue spoken in Nigeria), Kurdish, Nepalese, Pashto, Russian and Tamil. Spanish speakers are not eligible. The Army’s program will also include about 300 medical professionals to be recruited nationwide. Recruiting will start after Department of Homeland Security officials update an immigration rule in coming days.
Pentagon officials expect that the lure of accelerated citizenship will be powerful. Under a statute invoked in 2002 by the Bush administration, immigrants who serve in the military can apply to become citizens on the first day of active service, and they can take the oath in as little as six months.
For foreigners who come to work or study in the United States on temporary visas, the path to citizenship is uncertain and at best agonizingly long, often lasting more than a decade. The military also waives naturalization fees, which are at least $675.
To enlist, temporary immigrants will have to prove that they have lived in the United States for two years and have not been out of the country for longer than 90 days during that time. They will have to pass an English test.
Language experts will have to serve four years of active duty, and health care professionals will serve three years of active duty or six years in the Reserves. If the immigrants do not complete their service honorably, they could lose their citizenship.
Commenters who vented their suspicions of the program on Military.com said it could be used by terrorists to penetrate the armed forces.
At a street corner recruiting station in Bay Ridge in Brooklyn, Staff Sgt. Alejandro Campos of the Army said he had already fielded calls from temporary immigrants who heard rumors about the program.
“We’re going to give people the opportunity to be part of the United States who are dying to be part of this country and they weren’t able to before now,” said Sergeant Campos, who was born in the Dominican Republic and became a United States citizen after he joined the Army.
Sergeant Campos said he saw how useful it was to have soldiers who were native Arabic speakers during two tours in Iraq.
“The first time around we didn’t have soldier translators,” he said. “But now that we have soldiers as translators, we are able to trust more, we are able to accomplish the mission with more accuracy.”
Лев Кобрин – юрист, магистр права.
Nothing on this answer should be taken as legal advice. For legal advice, consult an immigration attorney.
Скажите, сколько сейчас в среднем занимает по времени получение перманентной грин кард по браку с гражданином? (Form I-751)
https://egov.uscis.gov/cris/processTimesDisplayInit.do
в районе 6 месяцев
Ищу девушку-гражданку США для заключения брака. Как я понял, после росписи месяца через 4 можно спокойно выехать за пределы США. Это так? Надо на пару недель в Москву. Может, кто поможет? Левушка, у Вас же есть связи, сколько попросите?
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