Supporting Soldiers Through Immigration Questions

Junior officers take on a number of roles when leading Soldiers: disciplinarian, teacher, mentor, and career counselor, to name a few. Most don’t realize that immigration-related questions can also become a leadership issue. However, the numbers speak for themselves: according to a 2024 CRS report, over 40,000 non-citizens served in the armed forces, while a 2021 survey estimated that over 2% of military spouses were non-citizens. Soldiers interacting with the immigration system is a challenge for leaders at all levels, as these challenges may manifest as morale, readiness, and retention issues. The following offers initial guidance for leaders on dealing with Soldier immigration issues; it’s not meant to make experts out of them.

Small-unit leaders are often among the first people junior Soldiers turn to with immigration-related questions or concerns. Leaders do not need to become experts in immigration law, but they should understand their role: listen, refer, and follow through administratively. They should not interpret immigration law, promise outcomes, or attempt to complete immigration paperwork on a Soldier’s behalf.

The following three best practices outline how leaders can support Soldiers by referring them to attorneys when legal advice is required, assisting with the command’s role in military naturalization, and recognizing how citizenship and family immigration concerns can affect readiness, retention, and trust.

#1: Know when to refer Soldiers to an attorney: Immigration law is exceedingly complex, especially for the average person. In addition, immigration advice is considered legal advice and may only be given by an attorney or, in very limited circumstances, by someone directly supervised by an attorney. Immigration applications, especially for spouses seeking Lawful Permanent Resident (LPR) status overseas or fiancés seeking to enter the United States for marriage, are difficult to navigate without guidance. Most military installations have Legal Services or Legal Assistance offices that provide assessments of a Soldier’s immigration options and may assist with filing applications. In some cases, the Legal Services office may determine a situation is too complex for them to handle and may refer the servicemember to a private immigration attorney.

Leaders can guide Soldiers to a roster of non-profit organizations that provide free or discounted legal assistance and representation in immigration proceedings, maintained by the U.S. Department of Justice Executive Office for Immigration Review. At every opportunity, leaders should steer Soldiers to legal professionals and counsel servicemembers to avoid unlicensed immigration advisors, “guides”, or notarios who seek to leverage uncertainty and confusion for monetary gain.

#2: Leaders play a direct role in assisting servicemembers applying for citizenship. As part of the US Citizenship and Immigration Services (USCIS) Form N-400, Application for Naturalization, current servicemembers are also required to present a completed USCIS Form N-426, Request for Certification of Military or Naval Service. The N-426 requires an O-6 (or GS-15 civilian) in the servicemember’s chain of command to certify that the servicemember is serving satisfactorily. Per Department of War policy, the chain of command has 30 days to make this determination and return the form to the servicemember.

Ensuring the administrative machinery in your unit functions properly in processing the N-426 helps the servicemember to quickly submit their naturalization application. Additionally, USCIS may expedite naturalization decisions for service members and spouses, especially if the service member is due to deploy, be mobilized, or has orders overseas. Leaders assist in this process by providing evidence in the form of deployment orders, memoranda validating upcoming overseas deployment, or notifications of mobilization.

#3: Citizenship is advantageous for service opportunities and families. While this may not be the case for some civilians, U.S. military servicemembers have compelling reasons to pursue U.S. citizenship. Consider these two scenarios:

• Service members seeking to assist family members in coming to the US. US citizenship allows servicemembers to petition for more types of family members and allows many of those family members to immediately apply for LPR status once their petition is approved. Unlike US citizens, LPRs can only petition for certain immediate relatives, and those numbers are capped annually, likely extending the waiting period to join the servicemember in the United States. Therefore, U.S. citizenship provides servicemembers with more and speedier options to assist family members with obtaining lawful permanent residence.

• Service members considering reclassifying into a Military Occupational Specialty which requires a security clearance or transitioning into an officer training program. U.S. citizenship for both is a prerequisite. Completing the naturalization process early in a servicemember’s term of service provides them with opportunities for continued service not otherwise available to them as a LPR, positively impacting both retention and accessions.

Military Parole-In-Place and Deferred Action

Some Soldiers may be part of a mixed immigration status household, which means that some family members may not have legal status in the United States. USCIS offers a program, Military Parole-in-Place, which allows immediate family members of service members to remain in the US and apply for LPR status. Additionally, a related program called Deferred Action allows family members to stay in the US and receive work authorization on a one-year, renewable basis.

This is a discretionary benefit offered by USCIS. The officer making the decision to grant parole or deferred action weighs the individual factors in each case; it is not a benefit that someone receives by right if they qualify. Instructions for filing for military parole-in-place can be found on the USCIS website. However, it is strongly recommended that anyone considering filing for this benefit speak to a legal professional before doing so, as the consequences of erroneous or incomplete filings can be significant.  The filings themselves are very complex and mistakes will likely result in USCIS denying the application. Denials for these types of benefits may have negative consequences for the family members seeking relief, which may include initiation of removal proceedings.

Conclusion

Understanding the challenges servicemembers face when interacting with the immigration system goes a long way toward making them feel supported. Immigration concerns often turn into readiness concerns. Worries about a spouse’s delayed naturalization application or a parents’ immigration status can divert attention away from the mission and compromise individual and unit readiness.  Leaders don’t need to be immigration experts, but they should be prepared to listen, assess, and follow through with resources to assist the servicemember in resolving these issues.

Author Bio: LTC Jeffrey Hilliard is a 38G Military Government Officer with the 358th Civil Affairs Brigade. Previously he served in the Information Operations (FA30) career field, with his most recent operational deployment supporting CENTCOM J39 in 2019-2020.  In his civilian career, he is a Community Relations Specialist with US Citizenship and Immigration Services.  He holds a Bachelor of Arts in Politics from Saint Mary’s College of California and a Master of Public Policy from Duke University.   

Photo courtesy of DVIDS: Pfc. Ana Alrawi, PYEONGTAEK, SOUTH KOREA, 03.18.2025