ExclusiveCan A Person With Daca Join The Military

Can A Person With Daca Join The Military


Can People With Daca Join The Army

Supreme Court overturns presidents decision to end DACA

With special medical or language skills–perhaps. Best place to get information is the recruiter. Good luck to you.

NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE ATTACHES, FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles–NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

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The Army is offering flexible 2-year to 6-year contracts, duty stations of choice, a program where enlistees can be stationed with their friends, and a $10,000 quick-ship bonus.

Some of the service branches are offering unprecedented bonuses for signing up or re-enlisting, up to $50,000 for certain specialties in the Army, Air Force and the Navy.

But one U.S. military official said bonuses can only help so much. We can throw money at the problem all we want, but until we change how young people see us in uniform, we are going to struggle to get them to raise their right hands.

This Years Numbers So Far

The Army has met about 40% of its enlisted recruiting mission for FY22, with just over three months left in the fiscal year, which ends Sept. 30. The final quarter the summer is typically when the services recruit the most candidates following high school graduation.

Space Force will also likely make its goal, according to U.S. military officials, but as the newest branch of the military it only looks to recruit about 500 Guardians this fiscal year.

The U.S. Air Force, on the other hand, has to recruit roughly 100 times as many airmen, about 50,000, but is currently more than 4,000 below where it should be at this point in the fiscal year. While the Air National Guard and Reserve are unlikely to meet their goals, the active duty are taking it week to week, according to a senior U.S. military official. We are hopeful that the active duty will meet their goal. Hopeful, but not certain, the official said.

The last time the Air Force missed its goal was fiscal 1999, and the last time before that was 1979.

Navy officials, who have been using the summer movie Top Gun: Maverick to try to attract recruits, say they hope to ultimately meet their active-duty and overall strength goals.

The active-duty Marine Corps is likely to make its recruiting goals this year. The Marine in charge of manpower, however, recently told Congress that 2022 is arguably the most challenging recruiting year since the inception of the all-volunteer force.

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Who Must Register For Selective Service

If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service System. According to law, a man must register within 30 days of his 18th birthday. Selective Service will accept late registrations but not after a man has reached age 26. Visit their website for a detailed look at Who Must Register. In general, the following persons must register:

  • U.S. citizens
  • Permanent residents
  • Refugees and asylees

When To Accept A First

If DACA Ends, What Happens To The " DREAMers"  in the Military?

Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals based on the terms of the DACA policy in effect prior to Sept. 5, 2017, and in accordance with the Courts Dec. 4, 2020, order

What is DACA and how does it work?

Thats the Obama era effort to protect young undocumented immigrants brought to the country as children. That program is caught in political limbo. From 2014 to 2016, DACA recipients could earn a path to citizenship by enlisting in the military and completing basic training through a program called MAVNI.

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Is Mavni Program Still Active

As of December 2016, MAVNI is under review and closed indefinitely to new recruits, as the Trump administration was unenthusiastic.

Can DACA recipients be police officers?

In accordance with Government Code Section 1031 and 1031.5, to be appointed as a peace officer in California, you must be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship.

The Importance For Men To Register

The U.S. does not have a drafted military the decision to join the military is entirely voluntary. However, all male U.S. citizens and immigrant non-citizens between age 18 and 25 must register with the Selective Service System. The Selective Service maintains a list of names in case there is a national emergency requiring rapid expansion of the armed forces.

Registering does not mean you are joining the military. However, registering is even more important for non-citizens as it may impact their future ability to become U.S. citizens through naturalization.

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How ‘top Gun’ Sequel Could Help Boost Military Recruitment

More than half of the young Americans who answered the survey about 57% think they would have emotional or psychological problems after serving in the military. Nearly half think they would have physical problems.

They think theyre going to be physically or emotionally broken after serving, said one senior U.S. military official familiar with the recruiting issues, who believes a lack of familiarity with military service contributes to that perception.

Among Americans surveyed by the Pentagon who were in the target age range for recruiting, only 13% had parents who had served in the military, down from approximately 40% in 1995. The military considers parents one of the biggest influencers for service.

An expert on military personnel policy says that middle class parents, including those who are newly middle class, often encourage their kids to go to college before selecting a career, which hurts recruiting for enlisted personnel. Changing the mind of parents is the really tough part, particularly if these are parents who worked really hard for their children to go to college, said Kate Kuzminski from the Center for a New American Security. She noted that recruiting ads increasingly target the parents of potential recruits. Thats where theyre trying to win the hearts and minds.

Moaa Seeks Legislative Fix For Dreamers That Allows A Path To Citizenship Through Service

Mark Morgan sounds off on federal judge for reinstating DACA program

MOAA joined with several other military service and immigrant advocacy organizations in a recent letter to Capitol Hill leaders asking for permanent legislative solutions to the Deferred Action for Childhood Arrivals program as it pertains to servicemembers and their families.

The Supreme Court recently issued a ruling to preserve the DACA program. DACA provides protections for individuals commonly known as Dreamers — undocumented immigrants who arrive in the U.S. as children. The program allows them to apply for deferred action and a work permit if they do not have a serious criminal record.

So, what does this mean for servicemembers and their families?

There are approximately 800 DACA recipients serving in the U.S. military through the Military Accessions Vital to National Interests program. Immigrant servicemembers contribute critical skills that make our military effective, including language translation and medical services.

As the military services struggle with recruitment and retention, it is important to keep these contributions in mind. A 2017 study from the Migration Policy Institute estimates approximately 71,000 dreamers could use military service as a path to citizenship if legislative solutions were put in place.

In the letter, MOAA and other military and immigrant advocacy groups ask House and Senate leaders to:

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Facing Deportation Contact A Deportation Defense Attorney Today

At Landerholm Immigration, A.P.C., we have represented the interests of countless clients in the state of California who are facing deportation proceedings, but who wish to remain with their families in the United States. We keep abreast of any new legal developments that can help our clients in any way. We will aggressively investigate the facts and circumstances surrounding your case, and help you settle upon the option that is best calculated to allow you and your family to live where you choose. Contact us online or call 756-4468 for a free evaluation with an experienced deportation defense attorney in Oakland.

How To Fix It

To tackle the growing crisis, the Pentagon is reviewing some of the more than 250 disqualifiers for service, including some medical conditions that have historically required recruits to obtain a waiver for service or kept individuals out of uniform completely, according to multiple defense and U.S. military officials.

For example, in the past ailments like asthma and ADHD could disqualify someone from serving if the recruit had symptoms after their 13th or 14th birthdays. But now the Pentagon is reviewing whether individuals who have been asymptomatic for a shorter period of time could join without a waiver.

The military is also discussing allowing service members to use platforms like TikTok to attract recruits. In 2020, President Donald Trump ordered a ban on the use of the social media platform because the Chinese company that owns it collects biometric information on users.

We have to be where the recruits are, and TikTok is one of the biggest social media platforms in the world, one defense official involved in personnel issues said.

The Pentagon is also looking to increase recruitment by targeting more influencers like parents, teachers and coaches, by creating recruiting stations with multiple services in them rather than service specific locations, and even moving recruiting offices to better neighborhoods, according to multiple U.S. military and defense officials.

The Pentagon may also put more effort into recruiting eligible DACA recipients, said officials.

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Can Daca Recipients Apply For A Green Card

Yes, it is possible for DACA recipients to apply for a green card if they meet the lawful entry requirement. If you’ve entered the U.S. lawfully with Advance Parole or if you first entered with a valid visa, you may meet the green card eligibility requirement. The most common green card types are family-based, employment-based, and humanitarian. The following sections of the article will explain the opportunities that do or do not exist for DACA recipients to get those green cards.

Can Daca Youth Enlist

Dreamer deferred: Why Saúl Rodríguez can

Currently, no. In 2012, the Obama administration launched a program called Deferred Action for Childhood Arrivals that gives limited immigration benefits to individuals who entered the U.S. as children.

Although individuals in the DACA program are authorized to work, they cannot join the military. There may be exceptions under the MAVNI program in the future, but not currently. Hopefully Congress, which has now been assigned the task of determining the future of the DACA program, will create more wiggle room for those interested in enlisting.

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Accelerated Process To Citizenship

There is recent history within the United States military to allow military members from foreign countries have an accelerated path to citizenship. This is somewhat true, however, the time to become a citizen is largely due to the Homeland Security Departmentand their capabilities.

The military cannot and will not assist in the immigration process. One must immigrate first, using normal immigration quotas and procedures, andonce they’ve established an address in the United Statesthey can find a recruiter’s office and apply for enlistment.

In 1990, in the early days of Gulf War One, President George H.W. Bush signed an executive order which allowed any military member to apply for citizenship, without any residency requirement. This saves the military member five years on the civilian applicant for citizenship so when you hear the military help you accelerate the process, this is what that means.

Since July 3, 2002, under special provisions in Section 329 of the INA, President Bush signed an executive order authorizing all non-citizens who have served honorably in the U.S. armed forces on or after Sept. 11, 2001, to immediately file for citizenship. This order also covers veterans of certain designated past wars and conflicts. The authorization will remain in effect until a date designated by a future presidential executive order.

Green Cards For Surviving Family Members

Certain family members may apply for green cards as the “immediate relatives” of a U.S. citizen serviceperson, whether the relative was granted posthumous U.S. citizenship or was already a U.S. citizen at the time of his or her death.

Immediate relatives include the service person’s spouse , parents, and unmarried children under age 21. Or, if family members have already applied for green cards based on their relation to the deceased, they may go forward with the application as if the death had not happened.

Surviving family members, unlike most green card applicants, don’t need to prove that they’ll be financially supported or self-sufficient.

Although the immigration laws ordinarily require the parents of a U.S. citizen to wait until the child is 21 to apply for permanent residence with the child as the sponsor, this requirement doesn’t apply to the parent of a deceased service member who never reached age 21.

Note, however, that there’s a time limit on applying: You’ll need to file a petition using USCIS Form I-360 within two years of the service person’s death.

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This Program Is Still In Flux And Is In The Courts: Https: //wwwwashingtonpostcom/local/public

Certain immigration benefits may be available to members of the U.S. armed forces and/or their immediate relatives. Unauthorized aliens may consider joining the military as a way to procuring status, but it is not a simple path.

Undocumented immigrants are generally barred from serving in the military, though occasionally an undocumented person might be allowed to join the armed forces in spite of this rule.

What is selective service? Should I sign up if I am undocumented?

The Selective Service means the military draft. Generally, all male residents between the ages of 18 and 26 must sign up.

The U.S. government considers you a resident even though you are undocumented, and even though undocumented immigrants cannot join the U.S. military. Therefore, according to the Selective Service, you should register within 30 days of your 18th birthday. Late registrations are accepted, but you can not register after age 26.

If you do not register, it could delay a future citizenship application until you are at least 31. Details about how to register are at the Selective Service website. There is a story here about the recent effort to encourage undocumented men to sign up.

There is no requirement to register for the draft as part of the DACA application, but DACA recipients should register so as not to jeopardize any future relief.

If I join the military, will I get citizenship?

Please see:

Are There Other Special Cases

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Yes, a couple. Some Pacific Islanders are allowed to join the U.S. military because of international treaties. These treaty rules apply to citizens of the Federated States of Micronesia, the Republic of the Marshall Islands and Palau.

Likewise, certain Canadian citizens with American Indian heritage are treated as green card holders under U.S. law. Those individuals can enlist in the U.S. military after providing documentation of their special immigration status. .

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Parole In Place Allows Some Family To Get A Temporary Right To Stay And A Green Card Even After Entering Without Inspection

A discretionary opportunity called “Parole in Place” allows certain family members of U.S. military personnel who came to the U.S. illegally, that is, without being inspected by an immigration officer at the border, to apply for the chance to remain in the U.S., in one-year increments.

Eligible applicants include the spouse , child, or parent of an active duty member of the U.S. Armed Forces, an individual in the Selected Reserve of the Ready Reserve, or an individual who previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve.

PIP applications must be made on USCIS Form I-131, and include evidence of the qualifying family relationship , proof of the family member’s military service , two color passport-style photographs of the applicant, and evidence of any favorable discretionary factors that USCIS should consider.

A PIP grant potentially allows the person to apply for permanent residence in the U.S. without leaving the United States. Under normal circumstances, applicants who entered illegally must leave the U.S. for the last phase of their application, which is attending an interview and getting an immigrant visa at the U.S. consulate in the home country .

Hopefully this Congressional mandate will show up in USCIS’s stated policies and actions soon. In the meantime, be sure to see an attorney if you think you’d benefit from applying for PIP.

Supreme Court Ruling Protects Daca Service Members From Deportation

Several hundred “Dreamers” in the military received a conditional guarantee from the Supreme Court on Thursday that they could continue serving without fear of deportation by the Trump administration.

In the second surprising ruling this week with major implications for the military, the Supreme Court barred the administration from ending protections for about 700,000 immigrants brought to the U.S. illegally as children.

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The court did not state that the administration was wrong for seeking to end the protections for the Dreamers under the Deferred Action for Childhood Arrivals program, or DACA, but rather said that the administration had failed to come up with a rational basis for wanting to do it.

In his majority opinion in the 5-4 ruling, Chief Justice John Roberts wrote, “We do not decide whether DACA or its rescission are sound policies.

“We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action,” he added.

Roberts said the administration could try again at a later date to come up with adequate reasons, but the ruling effectively blocks President Donald Trump from fulfilling his campaign promise to end the DACA program, which was put in place by executive order by former President Barack Obama.

— Richard Sisk can be reached at .

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