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.

Requirements for Military Members Applying for Naturalization to Become a U.S. Citizen 军人申请入籍成为美国公民

Military Naturalization (MAVNI naturalization) information
During either peacetime or during designated periods of hostilities, service members, certain veterans, and certain military family members may be eligible to become citizens of the United States. The general requirements for naturalization to become a U.S. citizen are the same as normal naturalization process. Citizenship may even be granted posthumously.

According to the Immigration and Nationality Act Section 328, a person who has served honorably in the U.S. armed forces for at least one (1) year may be eligible to apply for naturalization, which is sometimes referred to as “peacetime naturalization.” The applicant must be 18 years of age or older, and a lawful permanent resident (LPR).

Similarly, According to Section 329, U.S. armed forces members of any age who serve honorably for any period of time during specifically designated periods of hostilities may be eligible to naturalize. Qualifying military service is honorable active or reserve service in the U.S. Army, Navy, Marine Corps, Air Force, Coast Guard, or service in a National Guard unit.

在和平时期或指定的敌对时期,服务人员,某些退伍军人和某些军事家庭成员可能有资格成为美国公民。成为美国公民的入籍一般要求与正常入籍程序相同。公民身份甚至可以追授。

根据“移民和国籍法”第328条,在美国武装部队服役至少一(1)年的人可能有资格申请入籍,这有时被称为“和平时间入籍”。申请人必须是18岁或以上,以及合法的永久居民(LPR)。同样,根据第329节,任何年龄的美国武装部队成员在特定指定的敌对时期期间任何时间任职,可能有资格入籍。合格军役是美国陆军,海军,海军陆战队,空军,海岸警卫队或在国民警卫部队服役的荣誉活动或预备役。

For more information: m-599

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