U.S. military provides much more benefits to its members and their families than public is generally discussing. For example, many know that U.S. military provides an expected path to the US citizenship, but few are aware that in some cases, it is also possible to obtain a lawful permanent residence if you are a member of the US military forces, or even get a special H1B visa which is usually given for five years.

For examples, citizens of the Micronesia, the Marshall Islands and Papau who become members of the US military under the treaties between the US and these countries may seek a special immigrant status if they served honorably for 12 years or 6 years under certain conditions. INA 101(a)(27)(K). In such cases, the executive department under which the immigrant serves or served has to issue a favorable recommendation.

Special H1B for the military are very limited; there are no more than 100 of them per year. No labor condition application is required when Department of Defense is your sponsor.

Also, few are aware that 212(e ) home residency requirement provision can be waived for those who obtain MAVNI related naturalization. This provision also covers those J2-s who were accompanying J1-s.

In addition, if a person has served honorably for 24 months in an active-duty status, and was enlistment or induction was in the US, he/she is not subject to the continuous presence and physical presence requirements for the cancellation of removal under INA 240A(d)(3).

Spouses of US military members may receive their citizenship much faster: INA 319(b) allows for expedited naturalization for spouses of the US military members who received orders to work overseas of the spouse will be accompanyingthem. For such cases, physical presence and continuous presence requirements are waived for the spouses. Also, a military member’s spouse can choose a USCIS office where his/her application will be considered. Note: the naturalization interview must take place in the US.

A VAWA self-petitioner who suffered abuse by a military member, does not have to prove that the abuse happened in the US. Important: an intended spouse (fiancé) of a military member may file for VAWA as well provided other conditions are met.

If you would like to receive consultation regarding Immigration benefits related to the US military status, please email at office@shautsova.com or call at 917-885-2261.

245(i) Adjustment of Status

Author: New York Green Card Lawyer Alena Shautsova

A close-up of a collection of vintage books on a shelf, featuring varying colors and spine designs, with some books showing age and wear.

I bet that almost every long-term US immigrant has heard of 245i law. But I have noticed that many have misconceptions about the statute that how it actually can be used for a person’s benefit.

245(i) allows to adjust status without leaving the US for those who: entered the US without inspection (crossed the border); failed to maintain continuous lawful status in the US (overstayed their visa); or entered the US as a crewman; entered the US on a visa waiver program; worked without authorization… AND

If an approvable immigrant petition or a labor certification was filed before either:

January 14, 1998; or April 30, 2001 and you were physically in the US on December 21, 2000 (if you are a principal beneficiary and you are using April 30, 2001 date; if you are a derivative beneficiary, the principal was supposed to be present in the US).

Who Can Benefit:

Spouses who were married to the principal beneficiaries at the time the petition/certification was filed for them; children of the principal; after-acquired spouses can adjust with the principal who qualifies for the 245(i).

Why it is Important to check if you can benefit form 245(i)

Sometimes, people have no clue that they can resolve the issue of their Immigration status in the US without having to file for a waiver or leaving the US. It is important to check if your parents were ever petitioned for and would have qualified for the 245(i) provision; or even your ex-spouse. 245(i) can be used only if now, you have a new petition that is current. It helps to resolve illegal entry or unlawful presence. But it does not by itself help to receive status in most cases: a new petition has to be filed first.

If you do qualify for this provision, in addition to regular application fees, you will need to pay $1000 fee for I 485A form.

If you would like to receive consultation regarding Immigration benefits related to 245(i), please email at office@shautsova.com or call at 917-885-2261.