Emel Ersan Law Office - Immigration Law
 
IMMIGRATION AND THE  ARMED FORCES  
 
 
Tampa Military Immigration Air Force Military Immigration Macdill
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Did You Know?
Military personnel and their families get SPECIAL TREATMENT WITH USCIS?
 
Emel Ersan specializes in Military Immigration cases. Located near Macdill Air Force Base in Tampa, Florida, the spouse of a Air Force Serviceman, she has specialized knowledge of the Immigration benefits and special treatment afforded especially to servicemembers in all branches of the Military.
 
Here, giving a seminer to the Legal Office Attorney's at Macdill Air Force Base about the Immigration Laws specially tailored for US Military Servicemembers and their families.
 
____________________________________________________________________________
 
Green Cards for Spouses:
 
- Spouses that entered illegally can still get a green card in the US
 
Citizenship:
 
- Expedited Citizenship
- Overseas Citizenship
- 5 year residency not needed (Can file immediately)
- No Charge or Fees ! ( $665 for everyone else)
- Posthumous Citizenship
- Posthumous Immigration Benefits for spouse, children or parent
 
MILITARY HELP LINE
 
USCIS has established a toll-free military help line, 1-877-CIS-4MIL (1-877-247-4645), exclusively for members of the military and their families.  USCIS customer service specialists are available to answer calls Monday through Friday from 8 a.m. until 4:30 p.m. (CST), excluding federal holidays. 
After-hours callers will receive an email address that they can use to contact USCIS for assistance.  Callers will receive assistance with immigration-related information, such as:
Members of the U.S. armed forces and their families stationed in the United States or overseas may access the help line using the toll-free number through their base telephone operator or using the Defense Switched Network (DSN). 
 
* Immigration is a very intricate and complicated area of law. It is very important that you discuss your applications with an immigration lawyer about your complete immigration history and whether you have ever been arrested or convicted of a crime. It is advisable to get legal help before you file anything with USCIS.
 
Citizenship for Military Personnel & Family Members
 
USCIS recognizes the important sacrifices made by non-U.S. citizen members of the U.S. armed forces and their families. USCIS is committed to processing their naturalization applications in a timely and efficient manner while providing exemplary customer service, maintaining the integrity of the immigration system, and maintaining the security of the process. 
 
Members of the U.S. armed forces and their dependents (spouses and children) may be eligible for citizenship, to include expedited and overseas processing, under special provisions of the Immigration and Nationality Act (INA). 
 
Citizenship for Military Members
 
Members of the U.S. armed forces may be eligible for citizenship by qualifying for naturalization through military service under Section 328 or 329 of the INA.  For more information, see the "Citizenship for Military Members" link to the left.
 
Citizenship for Spouses & Children of Military Members
Spouses of U.S. citizen members of the U.S. armed forces who are (or will be) deployed may be eligible for expedited naturalization or for overseas processing. Children of U.S. citizen military members deployed abroad may be eligible for overseas processing.
 
 
Citizenship for Military Members
 
Members and certain veterans of the U.S. armed forces may be eligible for naturalization through their military service under Section 328 or 329 of the Immigration and Nationality Act (INA).  Additionally, the INA provides for posthumous naturalization under section 329A.
 
General Requirements & Exceptions
 
Qualifying military service is generally in the U.S. Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and the Selected Reserve of the Ready Reserve. The general requirements for naturalization may be diminished or waived for qualifying service member. 
 
Naturalization through One Year of Qualifying Service During “Peacetime”
 
Generally, a person who has served honorably in the U.S. armed forces at any time may be eligible to apply for naturalization under section 328 of the INA. The military community sometimes refers to this as “peacetime naturalization.” 
 
 
In general, an applicant for naturalization under Section 328 of the INA must:
·         Be age 18 or older
·         Have served honorably in the U.S. armed forces for at least 1 year and, if    
          separated from the U.S. armed forces, have been separated honorably 
·         Be a permanent resident at the time of examination on the naturalization
          application
·         Be able to read, write, and speak basic English
·         Have a knowledge of U.S. history and government (civics)
·         Have been a person of good moral character during all relevant periods under the
          law
·         Have an attachment to the principles of the U.S. Constitution and be well
          disposed  to the good order and happiness of the U.S. during all relevant periods
          under the law
·         Have continuously resided in the United States for at least five years and have      
          been physically present in the United States for at least 30 months out of the 5
          years immediately preceding the date of filing the application, UNLESS the
          applicant has filed an application while still in the service or within 6 months of
          separation.  In the latter case, the applicant is not required to meet these 
          residence and physical presence requirements.
 
Naturalization through Qualifying Service during Periods of Hostilities
 
Generally, members of the U.S. armed forces who serve honorably for any period of time (even 1 day) during specifically designated periods of hostilities (see below) are eligible for naturalization under section 329 of the INA through such military service.
In general, an applicant for naturalization under INA 329 must:
 
·         Have served honorably in active-duty status, or as a member of the Selected
          Reserve of the Ready Reserve, for any amount of time during a designated period
          of hostilities and, if separated from the U.S. armed forces, have been separated
          honorably 
·         Have been lawfully admitted as a permanent resident at any time after enlistment
          or induction, OR have been physically present in the United States or certain
          territories at the time of enlistment or induction (regardless of whether the
          applicant was admitted as a permanent resident)
 
·         Be able to read, write, and speak basic English
·         Have a knowledge of U.S. history and government (civics)
·         Have been a person of good moral character during all relevant periods under the
          law
·         Have an attachment to the principles of the U.S. Constitution and be well disposed
          to the good order and happiness of the U.S. during all relevant periods under the
          law
 
There is no minimum age requirement for an applicant under this section. The designated periods of hostilities are:
 
·         April 6, 1917 to November 11, 1918
·         September 1, 1939 to December 31, 1946
·         June 25, 1950 to July 1, 1955
·         February 28, 1961 to October 15, 1978
·         August 2, 1990 to April 11, 1991
·         September 11, 2001 until the present
 
The current designated period of hostilities starting on September 11, 2001, will terminate when the President issues an Executive Order terminating the period.
Note: current members of the U.S. armed forces who qualify for naturalization under sections 328 or 329 of the INA can proceed with their naturalization application either in the United States or overseas.
 
Application Processing  
 
Service members are not charged filing or biometrics fees.  Service members should complete the applications stated below to apply for naturalization:
 
·         Form N-400, Application for Naturalization
·         Form N-426, Request for Certification of Military or Naval Service (establishes periods of honorable service certified by the military)
Note: Every military installation should have a designated point-of-contact (POC) to handle your application and certify your Request for Certification of Military or Naval Service (Form N-426). You should inquire through your chain of command to find out who this person is so they can help you with your application packet.
 
 The designated POC may assist you with the following:
·         Certification of Form N-426
·         Information about fingerprinting and how to comply with the fingerprinting
          requirement
·         Submitting the N-400 package to the Nebraska Service Center (NSC) at the
          following address.
 
The Nebraska Service Center
PO Box 87426
Lincoln, NE 68501-7426
 
Once your application is received, the NSC will review the application and send it to the USCIS office closest to your location.  If you have a preference as to where you would like to be interviewed, you may provide that information in a cover letter attached to your naturalization packet.
 
The USCIS office will set a date to interview you to determine your eligibility for naturalization.  If your application for naturalization is approved, USCIS will inform you of the date you can take the oath of allegiance. 
 
Posthumous Citizenship for Military Members
 
Generally, individuals who served honorably in the U.S. armed forces and who died as a result of injury or disease incurred while serving in an active duty status during specified periods of military hostilities, as listed above, may be eligible for posthumous citizenship under section 329A of the INA. 
 
Form N-644, Application for Posthumous Citizenship, must be filed on behalf of the deceased service member within 2 years of his or her death.  If approved, a Certificate of Citizenship will be issued in the name of the deceased veteran establishing posthumously that he or she was a U.S. citizen on the date of his or her death.
 
 
* The above was obtained and summarized from USCIS site for " Military".
 
 
 
 
 
 
 
 
 
 
 
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