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Military Law & Immigration status would I be rejected from the US armed force because of my immigration status not being solve

Newnan, GA |

I was wondering can I join the US Navy while my step father is petitioning for me & my mother's residency. my step father is a US Citizen & I have currently been approved my DACA application. would the military work with my situation while my residency is in progress?

Attorney Answers 5

  1. Best answer

    No, DACA recipients are technically still undocumented immigrants, and thus, cannot currently join the
    military. However, H.R. 435 (Military Enlistment Opportunity Act of 2013) has been introduced in Congress and if that law passes, DACA recipients will be able to join the military and as a result become lawful permanent residents and/or U.S. citizens. Thank you for wanting to serve the U.S. I encourage you to speak with your local Navy recruitment office at (770)-251-3680 for more information.

    The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.

  2. No, I do think so.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. I do not know the statutory authority, but in all my dealings with the military they insist that my immigrant clients have a green card before they can be admitted to the military. There was a time, maybe 10 years ago, when the military excepted people who were in lawful status in the US. As far as I know, this is no longer the case.

    I am a pretty smart guy, but I do not know everything. My answers here come from the knowledge I carry around in my head--if you want me to look something up, you should come see me. Take any advice here as being general in nature. Please be careful with your life and make decisions that are smart.

  4. No - I'm sorry. Once you have a green card, you might be able to. But, just with DACA I don't think the military will accept you. Thank you, though, for wanting to serve - when you are enlisted, we will be lucky to have you!

    This general advice does not create an attorney-client relationship. If you are interested in discussing this situation further, call 678-713-4255 for a consultation.

  5. No.;; 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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