THE ABC'S OF IMMIGRATION - MILITARY SERVICE

Since the tragic terrorist attacks on September 11, it has become clear that the US will engage in some form of military retaliation. Tens of thousands of military reservists have been called up, and the number of people seeking to enlist is higher than it has been in years. This makes it an appropriate time to discuss immigrants and military service. 

Since World War I, immigrants to the US have been required to be available for military service. Nonimmigrants, those people who are in the US for a temporary period of time, do not have this obligation, but permanent residents, refugees, parolees and even undocumented immigrants do. During times of peace, however, only citizens and permanent residents may volunteer for military service. As with all male citizens born after 1959, permanent residents must register with Selective Services.  Failure to properly register could lead to criminal punishment, and can also lead to denial of future immigration or naturalization benefits. 

Leaving the US to avoid military service, or desertion from the military, will make a person permanently ineligible for citizenship. In addition to this, being ineligible for citizenship is a basis upon which to deny a person admission to the US. Immigrants can obtain an exemption from the military service requirement on the ground that they are not citizens, but doing so will render them permanently ineligible for citizenship, unless the exemption was obtained under a treaty, and before seeking the exemption the immigrant had served in the military of their home country. 

Just as failure to abide by the Selective Service laws can result in a denial of future benefits, performing military service can produce benefits. People who have served for a total of three years in the US military and who, if no longer in the military, were honorably discharged, are exempted from standard residency requirements if the naturalization application is filed while still in the military or within six months of discharge.

Immigrants who served on active duty during World War I, World War II, the Korean War, the Vietnam War and other military conflicts are also exempt from the residency requirements, and may be naturalized regardless of their age. Permanent residents who died while serving in the US military are eligible for posthumous naturalization if the application is filed no more than two years after their death. Immigrants on active duty are not deportable under a special agreement between the INS and the Department of Defense.  Moreover, in many of these cases, the immigrant is given the opportunity to seek naturalization before the INS initiates deportation proceedings. 

Finally, at many times in the past, ceremonies have been held to naturalize permanent resident military personnel before they were sent overseas.