If you are an active or veteran servicemember of the United States military, we would like to start by saying thank you for your service. Then, we would like to help you obtain lawful permanent resident status in the United States. With that being said, please read on to discover whether you can apply for a green card after your military service and how one of the seasoned green card lawyers at Lupton Law LLC can help you get settled into your new life in the United States.

Can I apply for a green card after my military service?

The short answer is, yes, your military service may make you eligible to apply for a green card. Now, it is worth mentioning that your intention to enlist in the United States military may not count, but you may have had to be a servicemember. Also, your time of eligibility may depend on whether you served during peacetime or wartime. For peacetime, you must have served honorably for at least one year. For wartime, you may only have to serve as little as a day. Other requirements for obtaining a green card through your military service are as follows:

  • You must be at least 18 years old at the time of applying.
  • You must be able to demonstrate your good moral character.
  • You must be able to supply a recommendation from the military branch you served.
  • You must be able to pass the United States history and government test.
  • You must be able to pass the English language test.

Can my family members receive a green card after my military service?

Understandably, you may miss your family members while on active duty in the United States military. So you may not be interested in getting a green card if they can not eventually join your new life in the country. Well, you may be interested to know that, as a military servicemember, you can sponsor your immediate family members for green cards through the standard application process (i.e., Form I-130, Petition for Alien Relative). Specifically, your immediate family members may include your spouse, parents, and children who have entered the United States lawfully.

Though it may be difficult to think about, there is the possibility that you may sadly pass away during your active duty. But you may rest easier knowing that, in this case, your family members may still be eligible for a green card or immediate citizenship. Again, this may apply to your surviving spouse, parents, and children. For this, your family members must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, within two years of your passing.

In conclusion, we encourage you to please schedule your free initial consultation with one of the competent family-based immigration lawyers from Lupton Law LLC today.