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Military Serviceby Gregory Siskind
Are
immigrants required to be available for military service?
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. Can
immigrants receive immigration benefits as a result of their military service? Can people who lack green cards join the military? While all immigrants –
legal or undocumented, are obligated to register with Selective Service, it is
actually pretty difficult to join the military if you lack a green card or are
not a citizen or asylees. The military is not supposed to accept undocumented
individuals (though we are aware of a number of cases where undocumented
immigrants made it into the military anyway) and none of the branches sponsor
individuals for non-immigrant or immigrant status (with some minor exceptions).
Whether Congress and the
military will relax its position in the wake of falling recruiting numbers
remains to be seen.
Gregory Siskind is a partner in Siskind Susser's Memphis, Tennessee, office. After graduating magna cum laude from Vanderbilt University, he received his Juris Doctorate from the University of Chicago. Mr. Siskind is a member of AILA, a board member of the Hebrew Immigrant Aid Society, and a member of the ABA, where he serves on the LPM Publishing Board as Marketing Vice Chairman. He is the author of several books, including the J Visa Guidebook and The Lawyer's Guide to Marketing on the Internet. Mr. Siskind practices all areas of immigration law, specializing in immigration matters of the health care and technology industries. He can be reached by email at gsiskind@visalaw.com.
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