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Some people may be surprised to learn that non-citizens play a significant role in the U.S. military. As an immigration attorney, I’m frequently asked by clients if they’re allowed to join. My clients often see the military as a way to launch their career and want to contribute to their adopted country. Here’s a quick rundown on the rules for non-citizens in the U.S. military.
Can immigrants serve in the US military?
Yes! Each year about 8,000 non-citizens join the U.S. military. A 2011 study found that roughly 4 percent of those enlisted in active-duty military service are non-citizens. Generally, if a person is not a U.S. citizen, he needs to be a green card holder, i.e., a lawful permanent resident, to join the military. As discussed below, however, there are other ways a non-citizen could qualify to serve.
How do recruiters know about immigration status?
When a person wants to enlist in the military, his name is run through a national immigration database. If the person is determined not to have status as a citizen or green card holder, he will be turned away. It is also possible the person could be referred to the immigration authorities.
If a person has any concerns about whether his immigration status is valid, he should talk to an immigration attorney before seeing a recruiter.
Are there other special cases?
Yes, a couple. Some Pacific Islanders are allowed to join the U.S. military because of international treaties. These treaty rules apply to citizens of the Federated States of Micronesia, the Republic of the Marshall Islands and Palau.
Likewise, certain Canadian citizens with American Indian heritage are treated as green card holders under U.S. law. Those individuals can enlist in the U.S. military after providing documentation of their special immigration status. (If you really want to know all about this subject, here’s a long article I wrote with a colleague).
What is MAVNI?
A program known as Military Accessions Vital to the National Interest, or MAVNI, allows the military to recruit non-citizens with special skills, such as health care professionals or those with language and cultural skills. The program was created in 2008 by the secretary of defense to help the military meet its recruitment goals in these high-need areas. You can request more information from the Army here.
The MAVNI program was widely seen as a success, so it was a surprise to many when the Pentagon announced in 2014 that the program has been suspended. The status of the program under the Trump Administration is now under review, and may be canceled.
Can DACA youth enlist?
Currently, no. In 2012, the Obama administration launched a program called Deferred Action for Childhood Arrivals that gives limited immigration benefits to individuals who entered the U.S. as children.
Although individuals in the DACA program are authorized to work, they cannot join the military. There may be exceptions under the MAVNI program in the future, but not currently. Hopefully Congress, which has now been assigned the task of determining the future of the DACA program, will create more wiggle room for those interested in enlisting.
Are there restrictions on what jobs non-citizens can perform?
Yes. Non-citizens are somewhat limited in the jobs they can perform in the military, since only citizens can obtain the required security clearances. Each branch, however, has a significant number of job occupations that do not require citizenship.
It’s important to know that a person is not automatically barred from getting a security clearance merely because he is married to an immigrant; recruiters are sometimes confused about that point and provide incorrect information.
What happens if an undocumented person enlists?
My clients sometimes tell me that they’ve heard of undocumented immigrants who were allowed to enlist in a branch of the armed services. This is not allowed by U.S. law, so if it happens, it was a mistake by the recruiter. Once it is determined that the person is undocumented, he will be discharged from the military.
Do non-citizens have to register with the Selective Service System?
Yes. The Selective Service System is a federal agency that collects information about non-citizen individuals who may be required to perform military service. All non-citizen males ages 18 to 25 living in the U.S. have to register with Selective Service. Even undocumented immigrants who can’t enlist in the military are required to register with Selective Service.
43 comments
Devra
My fiance and I are trying to find a way for him to be able to immigrate to the USA from the UK. He is an engineer but does not have the qualifications to apply for the H-B1 visa. We , recently, have been looking at what options might be available through service with the USA armed forces. Is it possible for him to gain residency if we were to marry and he were to serve in a branch of the US armed forces?
Arvin
Hi. I got here in the Us thru k1 visa. I already had my 2yr temporary greencard and in two years i will have my 10yr greencard. Is it possible i can apply for navy using my 2year greencard or i have to wait for the 10year greencard? Thank you
Matthew Longman
Thanks for the comment, Arvin. That's a great question for our Q&A forum, where most people get an answer within about two hours. Here's a link to where you can post your question: https://www.avvo.com/ask-a-lawyer
Hope that is helpful!
Cesar Martinez
Hello, my names Cesar I want to know if I can be recruited to THE U.S. ARMY I'm am a none resident but I havdon't been here for 20 years I came here when I was 4 , I speak fluent English and Spanish, also attended school here , can I join ??????????( I feel like this is my calling) thank you for your time and have a great day .
Matthew Longman
That's a great question. It can depend on your specific case, so we'd recommend asking your question directly on our Q&A forum, here: https://www.avvo.com/ask-a-lawyer
Hope that helps!
Karla
Hi, I have a question. So I have been residing in the United States for nearly 17 years now. I am a 21 year old female. I have been under DACA for nearly 5 years now. I just married a US citizen and am currently trying to get my 1-551 through spouse. But is there anyway I can join the military before all the paperwork? It's getting to be really expensive. Army preferably. I am also a college student and in a few month will obtain my EMT certificate. Is there any possible way I can join the army?
Matthew Longman
That's a great question, Karla. We can't directly answer through the comments, but here's a link to our Q&A forum where you'll usually get an answer within about an hour. It's 100% anonymous and free, too. Here's the link: https://www.avvo.com/ask-a-lawyer
Hope that helps!
Timothy Munguti
i am from Kenya i would like to serve at the US ARMY
Matthew Cooke
Hi Timothy, It sounds like you have a legal question that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful!
Lance Cordill
I ran into a local recruiter for a specific branch of the US military here in Fort Wayne the other day. He also happens to be the most accomplished recruiter on record for any service branch since our entire military opted into an all volunteer force in 1973. Yes, the US Army did start this Project VOLAR in 1971. The same recruiter also happens to be the same person who got me to switch branches in the years following 9/11. Naturally, we got on the topic of how c certain activists and politicians routinely invoke the statement that illegal aliens routinely have served, are now serving, in our US military. "That's a bunch of BS"! He sternly said to me. "Illegal aliens have NEVER been allowed to join the US military". Frankly, I kind of guess I knew that. Sure, I served with foreign nationals in the three different branches I served in under four presidential administrations. But, every swinging one of them had some sort of legal US resident status - EVERY ONE OF THEM. So, the next time you encounter someone alleging that illegal aliens can and are serving in the US military, trust that they are full of bull. They know not what they say. Moral? "If you want to serve in the US military, be of legal resident status, LEGALLY"!
Karolyne Ashford
Hi my niece is here visiting me on a visitor's visa from Jamaica, WI and she would love to serve n the US military any branch that she would qualify for but I think you need a green card to enroll in the US military could someone please inform me if there is any other way that you can join without being a green card holder or non-citizen.
Thank you in advance for all of your consideration in this matter.
Matthew Cooke
Hi Karolyne, it sounds like you have several legal questions that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice.
juma bagirisha
Am a Congolese refugee in Uganda Nakivale isingiro settlement I m carpentry age 22 , i will like to serve in the USA army ,sector but i dont know how I can submit and hsve my statute Refuge how I can received application
Matthew Cooke
Hi there, it sounds like you have several legal questions that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful!
John David
Do you feel to join the Navy? Aside from providing the training and education you need to be in service to the United States, the Navy fosters personal development and leads to excellent career opportunities. To join, you'll need to meet several qualifications and make a commitment to service. Read on to learn what you need to know to get started help to join the navy you can send a message to this email [email protected] by name john david thanks.
lechindem kingsley ngulefac
Am a cameroonian biochemistry student of age 22 , i will like to serve in the USA army ,medical sector but i dont know how a non citizen can legaly submit an application
Matthew Cooke
It sounds like you have a legal question that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through this blog, but they do in the forum — usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you’re ready: http://www.avvo.com/ask-a-lawyerhttp://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advicehttp://www.avvo.com/free-legal-advice. I hope this is helpful!
ibrahim
my name is Ibrahim Mohammed, i am a Nigerian and really want to join the u.s navy....please i will like to know the steps. and how possible is it?
Matthew Cooke
Hi Ibrahim, It sounds like your question would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful!
Joshua
I Never been to U.S. but I truly want to serve the army and to attain Citizenship is it possible? Im 23 years Old.
Matthew Cooke
Hi Joshua, It sounds like you have several legal questions that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful!
Chad
I'm non-citizen and am so eager to be enlisted in d US Military, am from Papua New Guinea, it's my most deepest desire to serve U.S military .
Mike Davis
I have been serving in the military for 5 years now and my contract is going to end 2018....I have been trying to get my citizenship since i have enlisted and still nothing. I am currently deployed overseas and sent my USCIS packet 3 times and haven't got any response. My question is will it possible to re enlist while still having a green card.
Matthew Cooke
Hi Mike, It sounds like you have a legal question that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful!
Johnny
.... I am an non-citizen can I join the army??
Matthew Cooke
Hi Johnny, It sounds like you have a legal question that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful!
David j
am eager to enlist in the US marine.my name is David. how do i go about it? am a Nigerian. thanks
Matthew Cooke
Hi David, It sounds like you have a legal question that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful!
Ana
HI, there, can I join the army if I marry a U.S citizen. I don't have my green card. I only have DACA. Can I still join? I've heard that in some cases one can join.
Matthew Cooke
Hi Ana, It sounds like you have a legal question that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful!
Cosmo
My wife, brought over on a K1 visa, is thinking of enlisting in the service. We are planning to divorce (irreconcilable differences - still friends though). On the divorce papers it asks us to affirm that neither has been or planning to join the armed forces within a month. No problem there. The timing might be something we will have to navigate. She has her permanent residence card. My question is, once the divorce is processed, will she still be able to enlist?
Matthew Cooke
It sounds like you have a legal question that would be best answered by an immigration lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful!
Eric Radzik
Do you have be a us Citizen to register for the military, in 1942 ?? As I am in process of doing family geneology I found my Grandfather registration papers. Was there age restriction as my grandfather as he was 54 Years old.when he registered.
Matthew Cooke
Hi Eric, Sounds like an interesting project! Your question might be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful!
SGT Lindquist
Wow! Your picture on this page is all sorts of jacked up! You should consider a picture of someone wearing the correct uniform or something else all together.
Laure Lolo
Hello,if I am an non-citizen can I join the army??
Matthew Cooke
Hi Laure, it sounds like you have several legal questions that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful! Kindly, Matthew
M.M.M.
If you get visa to America Do I have the right of compulsory service in the army
Danielle Post
Hi MMM, It sounds like you have several legal questions that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful! Kindly, Danielle
nicholas
i have tried to apply for military job many times to work in usa .i live in Kenya and i am determined to work with you please consider me this year.
Danielle Post
Hi Nicholas, It sounds like you have several legal questions that would be best answered by a lawyer in our free Q&A forum. Lawyers do not provide advice through our blog, but they do in the forum -- usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. You can also browse previously asked questions and lawyer answers, or read legal guides that may answer your questions, here: http://www.avvo.com/free-legal-advice. I hope this is helpful! Kindly, Danielle
young kim
from 18-24 joint service, will learn skill and serve the country mandatory for 3 years ,but not for the combat. They want to be an American they have to learn to protect the country they want to live. And earn it.
Glenn R Morales
USCIS : rt@ the foreign born composed half of all military recruits by the 1840s and 20 percent of the 1.5 million service members in the Union Army during the Civil War.