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California Military Family Members Immigration Attorney

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California Military Family Members Immigration Attorney

United States immigration laws are complicated. In order to become a documented citizen, applicants have to go through confusing and intimidating processes. Even if you do everything correctly, there is still a chance that your citizenship application will be denied. This is disheartening for many people who are looking for a better life in the United States.

Fortunately, there are some avenues that make the immigration process easier or more direct. Military members and their families have additional resources to help explore their options, file immigration papers, and ultimately achieve naturalization for their dependents, parents, and spouses.

If you are a member of the United States military and wish to explore your options for immigration, you need an experienced immigration lawyer to help you. Fortunately, our team has vast experience and can represent you.

U.S. Law Center: Your California Military Immigration Lawyers

Though immigration law is complicated, no one understands the system better than our attorneys at U.S. Law Center. We work with clients nationwide to tackle the most difficult and complex immigration cases, and we have many years of experience doing so. We are passionate about immigration law because we understand the distinct impact it can have on our clients and their families, both in the positive and negative sense. We work diligently to make sure that your immigration process yields the most positive possible results.

We fight ruthlessly for your family and your rights, but we understand that immigration may be an emotional and stressful topic for you. We extend compassion, patience, and reassurance to all of our clients to ensure that you feel supported and protected throughout the process. You can rely on us to protect what is most important to you.

U.S. Law Center is a full-service immigration law firm specializing in helping military personnel and service members to navigate immigration laws for their families.

The Basics of Military Family Member Immigration

When an individual enrolls in the military, they are risking their lives and changing their lifestyle for the good of their country. This is considered the ultimate sacrifice, and the United States military provides many different benefits in exchange for this service. One such benefit is the expedition of the naturalization and citizenship processes for families of service members. If you are enrolled in the military, your children and your spouse are automatically eligible for naturalization or expedited citizenship processes.

In many cases, it is important for individuals to be present in the United States to achieve naturalization or citizenship. However, if you are stationed outside of the United States on behalf of the United States military, your children and spouse can still achieve citizenship or naturalization without traveling back to the country. This can be extremely helpful for families with undocumented members who would otherwise have a difficult time returning to the country at the end of a military placement abroad.

Though the processing for naturalization and citizenship usually takes months or years to complete, military service members are eligible for an expedited process. This is extremely helpful and can make the entire immigration process much easier.

Why Do I Need a Military Immigration Attorney?

Immigration is intimidating. It takes many people a very long time to go through all of the steps and applications necessary to become a citizen. This alone warrants legal support. With an attorney on your side, you can be sure to understand the process and make empowered decisions about your immigration journey. An attorney offers distinct protection and clarification for your immigration process.

Though military spouses and children are eligible for additional support, the process can still be challenging. It is important to have a legal representative who has your best interests at heart and who can advocate for your rights throughout the process. If there are any roadblocks or problems, you can turn to your attorney for help. We can make sure that you know all of the details of the process, understand the documents that you sign and submit, and help you to achieve the best possible immigration process.

Having an attorney on your side ensures that your rights are protected, regardless of your immigration status.

Expedited Application Requirements for Military Spouses

If you are the spouse of a United States military member, you may be entitled to expedited naturalization. However, you must still apply to begin the process. The application has certain requirements, including:

  • You must be at least 18 years of age
  • Prove that your spouse is a citizen of the United States and is or will be deployed abroad in the United States military for at least one year
  • Be eligible to accompany your spouse abroad, according to your spouse’s military order
  • Be in the United States as a lawful permanent resident by the time you have your naturalization interview
  • Be in the United States when neutralization occurs
  • Promise that you intend to reside with your spouse while abroad and return to the United States immediately when their placement ends
  • Have a firm knowledge of the English language, including the ability to read, write, and speak in English
  • Have a basic understanding of United States government and civics topics
  • Demonstrate yourself to be of good moral character, committed to the United States Constitution principles, and committed to promoting happiness and good order in the United States

For many people, these requirements exceed the expectations of individuals born as United States citizens. However, you must meet the strict requirements of United States immigration laws, even if you are married to a military service member.

Service Member Spouses and Overseas Naturalization

If you are overseas with your military spouse and are a lawful permanent resident (LPR), you may not have to return to the United States in order to complete the naturalization process. However, there will be different requirements than for the normal naturalization process.

If you are abroad for your spouse’s military placement and do not plan to return to the United States for the naturalization process, you must meet the following requirements:

  • Be married to a U.S. service member stationed abroad for military purposes
  • Have military authorization to be abroad with your spouse
  • Meet the requirements of either section 316(a) or 319(a), depending on your circumstances

You will follow section 316(a) if you:

  • Are an LPR for five years or more directly before you apply for naturalization
  • Have been physically in the United States for a total of 2.5 years or more
  • You are in the United States for a period totaling two and a half years or more

You will follow section 319(a) if:

  • You are an LPR and have lived and been in the United States for three continuous years or more directly before you apply for naturalization
  • You have been married to your spouse for at least three years before applying for naturalization
  • Your spouse has been a citizen of the United States for at least three years before you apply for naturalization

An attorney will be instrumental in determining how to apply for naturalization as a military spouse. The specifics of these applications are confusing and difficult to understand, especially if English is not your first language. We can help you to walk through the process and ensure that your application is thorough and correct. This will help to expedite the process even further.

Military Member Children and Naturalization

If you are the child of a United States military member and wish to seek naturalization, you will be happy to know that the process is much more straightforward for you than for a spouse. In many cases, you will automatically get United States citizenship under 320 of the Immigration and Nationality Act. This applies even if your parents are stationed abroad and you are living with them.

If for some reason, you are not automatically naturalized or approved for citizenship, you can achieve citizenship under section 322 of the Immigration and Nationality Act. You do not have to travel to the United States to complete this process if you are out of the country with your parent who is in the military.

Though the process is more straightforward for children than for spouses, it is still beneficial to have an attorney look at your situation and ensure that everything is in order. There can be problems or hiccups in the process that prevent you from getting the paperwork that you need. It is always safest to have a professional assess your application and make sure that you have done everything you can to achieve citizenship.

FAQs About California Military Family Members Immigration

Can a Military Member Sponsor an Immigrant Family?

A member of the United States military can help members of their own family to achieve naturalization or U.S. citizenship. There are expedited plans in place for spouses and children of military members. If other members of a military personnel’s family are in the United States without documents, they may be able to get a Parole in Place or PIP. This allows them one-year increments to stay in the U.S. without fear of deportation.

Can the Military Help with Immigration?

Yes. Military members are eligible for green cards for themselves and their families after they have enlisted. The military can also expedite the naturalization and citizenship processes for family members of the military. There are many resources available to individuals who serve in the United States military and their families. If you are considering enlisting or want to take advantage of immigration benefits, it is important to hire a military immigration lawyer to help protect you throughout the process.

Can People in the Military Help Family Members Become U.S. Citizens?

Yes. Spouses and children of military members have clear and expedited ways to become U.S. citizens or gain naturalization. Other members of a military member’s family may be able to get special privileges through Parole in Place or PIP. This program helps undocumented family members to apply annually for another year in the United States. This can help to keep them safe while more permanent measures can be taken.

Does the Military Help Immigrant Parents?

Yes. If you are in the military, you can help your own parents to get a green card. You can also help your children to get naturalization and citizenship. The military offers many programs and expedited immigration processes for military members and their families, which can be extremely helpful for those looking to gain documented statuses in the United States. It is best to hire an attorney to help with any immigration processes, including those done through the military.

Can I Get Citizenship if My Military Spouse Dies?

Yes. If your spouse, child, or parent died honorably in the line of duty, and you are already a permanent resident, you should apply for citizenship right away. You are eligible for citizenship and will likely get your paperwork quickly and efficiently as a death benefit from the military. Always hire an attorney to represent you while applying for citizenship, even when you are doing so as a permanent resident, green card holder, or family member of military personnel.

Contact U.S. Law Center for Help Today

Immigration can be intimidating, but our team is here to help you traverse the process with ease. We have helped hundreds of people to gain citizenship, naturalization, green cards, permanent residence, and more. Living undocumented in the United States is stressful and scary, and we are here to help protect you and ensure that you have the paperwork necessary to remain in the country without worry. As the family member of a military member, this process should be fairly straightforward and easy compared to the usual process for new immigrants.

Our firm is passionate about helping families to come together, stay together, and live happily as U.S. citizens. We understand the challenges families face when trying to receive citizenship. For more information about how we can help you to achieve your citizenship dreams, contact U.S. Law Center.

Making Immigration Law Work For You

The U.S. Law Center is a nationwide, full-service immigration law firm providing large corporations, small businesses and individuals with a full range of immigration processing and placement services.
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