U.S. Immigration laws are complex and fraught with complication. One incorrect filing can delay the process indefinitely. As confusing as the process may be, U.S. Citizenship and Immigration Services has taken steps to assist family members ofmilitary personnelthrough the process of adjusting an immediate family member for permanent residency and for expediting naturalization if you are stationed abroad. To take full advantage of thesebenefits, you should seek the help of a qualified military immigration lawyer who will thoroughly review your case and advise you as to the regulations that may apply to you.
Military Spouses and Naturalization
U.S. Immigration laws allow foreign nationals who marry military service members overseas to count the time that they lived with their spouse overseas as part of the immigration naturalization residency requirement provided that time occurred while the service member was on official military orders. Additionally, USCIS offers an expedited exception to the naturalization process by allowing spouses of military members to apply for citizenship after only three years of residency. If you believe that this policy may apply to you, contact a military immigration attorney who can ensure that your case is expedited through the system as quickly as possible.
Green Cards for Family Members
New policy allows for military membersto be eligible toapply to adjust the status of a qualifying family member to that of a U.S. permanent residenteven if the qualifying relative entered the United States illegally, and even if no one applied forand had an approvable I-130 orI-140 petition or Labor Cert filed on or before April 30, 2001. This new policy allows a military member to requestwaiverfor the qualifying family member’s illegal entry, thus allowing theirrelative to adjust their status without the need of applying for lengthy hardship waivers and to leave the United States.
Surviving Family Members of Service Members Killed in Action
Immediate family relatives of U.S. military members killed in action may immediately apply for citizenship provided that those individuals were already U.S. permanent residents in the United States prior to the service member’s death. For spouses of U.S. military members killed in action, the spouse had to have been living as a couple in marital unity at the time of the U.S. military members death in order to apply for U.S. Citizenship. An immediate family member is defined by USCIS as parent, child, or spouse. This definition does not include extended relations such as aunts, uncles, or cousins.
Green Cards for Surviving Family Members of Service Members Killed in Action
Surviving immediate family members who were not permanent residents of the U.S.military members may apply for their residency (green card) throughUSCIS; however,unlike most applicants, the surviving qualifying family member will not be requested to prove that they have the financial means to support themselves nor will a sponsor be required. There is a time limit for applying for this option whereinthe surviving family members must apply for their residency (green card) status within two years of the service member’s death.
The law firm of Goldstein & Scopellite, PC was established in 2002 and has offices located in Dallas, Texas and Tucson, Arizona. The immigration attorneys Goldstein & Scopellite, PCspecialize in immigration lawand removal defense. For more information, see theirlocal listing in D Magazine.
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