Visas & Advice Detail
Soldiering into America
Immigration attorney Linda Lau looks into a combative approach to obtaining a US passport in a hurry
Given a choice, most people hoping to move to America would like to be able to get on a fast-track passport programme. However, in the US most foreign nationals have a non-immigrant visa status, and they must apply for a permanent resident (green) card (through marriage, family ties, or the EB visa categories), before they can become 'naturalised' and become full US citizens. The other option is to apply for a green card (again through marriage, family members or the EB visas) and subsequently get naturalised to become US citizens.
Unlike some other countries, there is no fast-track passport programme available in the US. Normally, if one wishes to become a US citizen, one must have five years of legal permanent residency in the US to apply for naturalisation. However, those who have married US citizens, and held residency status for at least three years, can also apply for naturalisation.
There is no means for any foreign national to obtain US citizenship through a non-immigrant visa directly, except the non-citizen recruiting pilot programme for the US Armed Forces, titled Military Accessions Vital to the National Interest (MAVNI).
MAVNI allows certain non-citizens who are legally present in the US to enlist in the military and apply immediately for US citizenship without first obtaining lawful permanent residence. The applicant must: have been in valid status in one of a selected number of non-immigrant visa categories (including E, F, H, I, J, K, L, M, O, P, Q, S, T, TV, TD, TN, U or V) for at least two years immediately prior to their enlistment date, and not have had any single absence from the US of more than 90 days during the two-year period immediately preceding the date of enlistment.
So, as an example, a doctor with a J-1 visa who has been in the US legally for two years and who is licensed to practice medicine in the US may enlist in the Army Reserve under the MAVNI program. Upon enlistment, the doctor may apply for US citizenship even if the doctor has not obtained lawful permanent residency.
However, under the MAVNI programme, the US Army is not sponsoring anyone for a visa or a green card or authorising anyone to enter the US for the purpose of enlistment. This programme is not available to persons who hold the B tourist/business visa or anyone who enters the US through the Visa Waiver Programme. The two-year requirement in a designated non-immigrant status must be met.
Though this is not good news for everyone, people already in the States looking at ways of making the tricky transition from non-immigrant status to citizenship (and willing to do a bit of military service) may find this the best news they hear all day.
For more info: Global Law Group
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