MAVNI Soldiers’ Naturalization Picking Up Speed

In the past few weeks, we have seen naturalization interviews being scheduled on short notices at local USCIS offices and if the applicant passes the interview, he or she will be sworn in as an U.S. citizen right away.

If you are a MAVNI soldier waiting for BCT or background checks, and has not yet applied for naturalization. Please do not hesitate to contact an experienced immigration attorney to file your naturalization application,  or alternatively contact The American Immigration Lawyers Association (AILA) Military Assistant Program.

 

Fiscal Year 2017 – Options for Military Accessions Vital to the National Interest (MAVNI Program) Applicants, Enlistees, and Service Members in Delayed Entry Program (DEP)

Options for Military Accessions Vital to the National Interest (MAVNI Program) enlistees in the Delayed Entry Program (DEP) – whose entry has now been delayed or cancelled – have two potential options: (1) Deferred Action and/or (2) Naturalization.

  • You should file for Deferred Action even if you have other immigration options pending. New protocol requires each MAVNI enlistee have his or her immigration status checked before basic training. People who have fallen out of immigration status or authorized stay will not be permitted to basic training. In other words, the enlistees need to maintain lawful/authorized status or Deferred Action to save their MAVNI seat. If you are eligible for naturalization, please also consider applying for Deferred Action because of the lengthy delays in naturalization screening and security clearance.
  • In addition, under military naturalization of INA § 329, MAVNI enlistees already serving honorably on active duty, Selected Reserve of the ready reserve, including any drilling Army Reserve MAVNI enlistee whose ship date to BCT is delayed or cancelled, are eligible to naturalize. In other words, one day of service in the Selected Reserve makes a foreign national eligible to naturalize. Further information about the filing process for military naturalization is available through the USCIS web page.

Call 913-717-7112 today to find out about your options as an MAVNI enlistee. Our office has successfully helped many MAVNI enlistees obtain the necessary naturalization paperwork. If your BCT is delayed, you may still qualify to become a U.S. citizen. 

MAVNI Program Status for Fiscal Year 2017 – Deferred Action and Military Naturalization Options

The Student and Exchange Visitor Program (SEVP) recently received notice from the U.S. Department of Defense. The U.S. Army will not accept Military Accessions Vital to the National Interest (MAVNI)  applications for FY 2017 until they complete the revisions.

The MAVNI program is extended for FY2017, starting from OCT 2016 to OCT 2017. However, it is currently suspended due to investigation delay. MAVNI or Military Accessions Vital to the National Interest is an exclusive recruiting program that is beneficial for the immigrants who are interested to be a part of the U.S. military force.

MAVNI enlistees in Delayed Entry Program (DEP) – whose entry has now been delayed or cancelled – have two potential options: (1) Deferred Action and/or (2) Naturalization.

Whether Deferred Action is being granted to reserve members is still a question. DoD seems to permit reserve soldiers fallen out of immigration status or authorized stay to basic training, therefore, DoD no longer views Deferred Action as necessary for reserve members. However, if you are Active Duty, you should apply for deferred action, even if you have other immigration options pending. 

In addition, under military naturalization of INA § 329, MAVNI enlistees already serving honorably on active duty, Selected Reserve, including any drilling Army Reserve MAVNI enlistee whose ship date to BCT is delayed or cancelled, are eligible to naturalize. Naturalization under the wartime naturalization statute does not have a time of service requirement. During the period of hostility, one day of service in the Selective Reserve of the Ready Reserve makes a foreign national, including any drilling Army Reserve MAVNI enlistee that has not shipped to basic training, eligible to naturalize.  

Call today at 913-717-7112 to find out about your options as an MAVNI enlistee.