• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unable to enlist due to INS delays, running out of time.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

G

gregvdg

Guest
What is the name of your state? Florida

I am a Dutch/Canadian citizen. I have been living in the United States since 1998 although I have spent some time abroad between then and now. I have been married to a US citizen since 2000 and have 2 five and a half year old american children.

I have long wanted to join the USAF, having learned to fly at age 14 just over the border when the first gulf war broke out. My father in law was a 24 year veteran who flew F-4's in Vietnam. My problem is that I am now almost 24 years old and still do not have a green card because of endless runarounds from the INS. I've finally gotten myself a good immigration lawyer and my greencard is now in sight. Unfortunately my lawyer estimates it will take at least 3 more years, at which point I will be over the enlistment cutoff age of 27. Is there anyway I can enlist while my greencard is pending? I know the obvious answer is a flat no, which is what I'd imagine any staff sgt recruiter would tell me but would an exception be possible with aced ASVABs and other shows of excellence/dedication?

I spent 2.5 years working for the Defence Criminal Investigative Service when I was pretty much an illegal alien. My services were useful and they had managed to pull all kinds of strings to allow me to live and work in the US. Surely the airforce can have a similar influence if a 300 man agency can do it?

I know of people who've managed to join the airforce without even having a GED while the USAF claims they will accept nothing less than a HS diploma because they knew the right people. Who do I need to speak to?

Many many thanks to anyone who might be able to help me realize my dreams.

Sincerely,

Greg
 


Shay-Pari'e

Senior Member
There is no right granted to anyone to serve in the United States Military. The respective military departments have the absolute right to reject you for any reason it deems appropriate. Regardless of how recruiting commercials may "sell" the military, it is not a "jobs program." It's serious business, involving the security of the United States of America, and our country's national interests.

Title VII of the Civil Rights Act of 1964, which ensures all individuals are treated equally before the law with respect to civilian employment, does not apply to the military profession. The military is, by necessity, a specialized society [separate] from civilian society.... ‘

As such, the military doesn't accept just anyone who wants to join. You must be qualified, under current federal laws and regulations.

By federal law (10 U.S.C., 510), the minimum age for enlistment in the United States Military is 17 (with parental consent) and the maximum age is 35. This is to ensure than anyone who enlists on active duty can be eligible for retirement (20 years of service) at the mandatory age of 55 (60 in some cases). However, DOD policy allows the individual services to specify the maximum age of enlistment based upon their own unique requirements. The individual services have set the following maximum ages for non-prior service enlistment:

Army - 34
Air Force - 27
Navy - 34
Marines - 28
Coast Guard - 27

Therefore, you may want to consider a different branch of service.



Citizenship. While there is a statutory requirement that only a United States Citizen may become a commissioned officer, this is not true for enlistment. Certain non-citizens can enlist in the United States Armed Forces. To be eligible to enlist, a non-citizen must:

(1) Entered the United States on a permanent residence visa or has an Alien Registration Receipt Card (INS Form 1-551/I-551 greencard or stamped I-94), and

(2) Established a bona fide residence, and

(3) Established a home of record in the United States.

(4) The visa and/or "greencard" must have sufficient time remaining on it (expiration date) to be valid during the entire term on enlistment. While non-citizens may enlist in the U.S. Military, they are not allowed to reenlist (stay in beyond their first term of service), unless they first become U.S. Citizens. However, after serving for three years, any additional residency requirement for citizenship eligibility can be waived.

I should note here that the United States Military cannot and will not assist in the immigration process. In order to join the U.S. Military, one must legally immigrate first, and then apply to join the military.

For enlistment purposes, citizens of the United States include citizens of: Guam, Puerto Rico, The U.S. Virgin Islands,The Northern Marianas Islands, American Samoa, The Federated States of Micronesia, and The Republic of the Marshall Islands.

Not all non-citizens may be eligible to enlist. Applicants who have been residents of countries considered hostile to the interests of the United States require a waiver. These countries include:

Afghanistan Kurile Islands and South Albania
Sakhalin (Karafuto) Angola
Laos Gulgaria
Latvia Cambodia
Libyan Arab Republic China (Including Tibet)
People's Republic of Lithuania Mongolian People's Republic
Cuba Nicaragua
Estonia Romainia
Ethiopia Southern Yemen
Hungarian Peoples Republic (Hungary) Syria
Iran Commonwealth of Independent States (Former USSR)
Iran Iraq
Vietnam Democratic People's Republic of Korea (North Korea)
Former Yugoslavian Nation


While non-citizens may enlist, they will find their job choices extremely limited. DOD policy prohibits granting security clearances to non-U.S. Citizens. Therefore, non-Citizens. who enlist in the United States military will be limited to those jobs which do not require a security clearance.
 
Last edited:

rmet4nzkx

Senior Member
Thanks Paridise for pulling together this answer. There is an additional factor for all branches of the military involved with flight especially piolets, that is vision, and sometimes one may not wear glasses. This is another reason for the age restriction, because as people age their vision becomes affected, so if you add 20 years to 27, at 47 most people begin to or have significant vision problems, so why pay lots of money to train someone only to have a flight restriction placed a few years later?
 
G

gregvdg

Guest
I appreciate the answer. I'm well aware that the military cannot help me with immigration nor do I expect it to. As far as qualifications I am certainly more than qualified and in perfect health. I will be a US citizen as soon as the INS allows. I am simply looking to serve in the USAF and time is running out. I don't consider it as a regular job and am well aware of the implications. I have over half a dozen friends in the military, 2 of them navy seals and have no Illusions that it's easy. I've been actively preparing for service in the USAF for over a year now only to be told I would probably be unable to serve due to paperwork.
 
G

gregvdg

Guest
True. I've considered the Navy but the 6 month cruises might be very hard on my children, especially my autistic daughter. I wouldn;t be satisfied with some sort of administrative non-combatant position. Just seems like such a shame to have to wait for years to serve in the country's time of need.
 
G

gregvdg

Guest
Found the answer. It's the I-551, which you get in your passport while your greencard is pending. It is sufficient for enlistment.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top