Citizenship through military?

I keep hearing stories about how undocumented kids joining up and after 2 years, they were able to obtain citizenship. Let's say a recruiter somehow accepts my application (if I present my SSN), would that actually work out?

The republicans said during the dream act debates that there was a way, but I couldn't find it personally...not to say it exists or not

Under 10 U.S.C. 3253,
And according to 10 U.S.C. 8253,
This is what the Navy's website has to say about it:
http://www.navy.mil/navydata/navy_legacy_hr.asp?id=167

Unfortunately, it's not a viable route.

Well, not directly anyway. Two laws that have probably been mentioned here several times are the Immigation and Nationality Act of 1952, also known as the McCarran-Walter Act and Executive Order 13269 . McCarran-Walter was written after WWII and it basically grants citizenship to those who served in the military. It states in Section 4:


" ... the provisions of that section are applicable to aliens enlisted or reenlisted pursuant to the provisions of this Act and who have completed five or more years of military service, if honorably discharged therefrom. Any alien enlisted or reenlisted pursuant to the provisions of this Act who subsequently enters the United States, American Samoa, Swains Island, or the Canal Zone, pursuant to military orders shall, if otherwise qualified for citizenship, and after completion of five or more years of military service, if honorably discharged therefrom, be deemed to have been lawfully admitted to the United States for permanent residence within the meaning of such section 329(a). ''


The second law that is commonly referenced is the 2002 Executive Order 13269, Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism. It states:


"... Those persons serving honorably in active-duty status in the Armed Forces of the United States, during the period beginning on September11, 2001, and terminating on the date to be so designated, are eligible for naturalization in accordance with the statutory exception to the naturalization requirements, as provided in section 329 of the Act."


Those laws basically state that anyone who served in the military is eligible for accelerated citizenship regardless of immigration status. Our friend Jeff Sessions argued against the Dream Act succesfully on the basis of these laws. Now here comes the catch 22. You cannot join the military without proper documents, thus making the above invalid.

Not all hope is lost though. There are several documented cases of people who somehow joined. While I do not advocate the joining on a false basis, I provide the information based on a purely informational basis, since you asked the question.


Read this


and look up a few more cases, and decide whats best for you. As the article says,

"... citizenship isn't guaranteed: It can turn on decisions made deep within the military bureaucracy."

The only way to do this is to enlist using fake documents, hope that they won't notice the fraud, serve your time and hope that they will give you citizenship (which they can but don't have to do).

waterwise12, I would like to point out a recent case of a double honorably discharged individual that served two tours and had a security clearance when stationed in Guantanamo. The individual did not know he was undocumented, he apparently got documentation stating that he was born in Miami but without giving the actual documents, had been here for as long as he could remember, had been living with family, it was then discovered he was undocumented and he served time in jail, there was an attempt at deporting him and the chances where very high for his deportation and all based on a felony charged due to applying for a US passport when he was 18 years of age but not completing the paper work and checking on another application for a US passport that he had never attempted to apply before, a felony.

I have not followed the case, and I would like to say its likely this individual did not get deported because media attention arose out of this case, but had media not discovered this, its very likely he would have been deported, even throughout the case the individual stayed in jail and there was little hope given by many individuals.

It is a risk, a very big risk, on one hand there is that law that you quote, on the other hand you cannot apply legally enough to benefit from it.

Just keep in mind that there's also a slight possibility you'll end up in deportation proceedings if you go this route.

You're right, it a very big risk. That why I think the best bet right now is to just wait it out. Immigration reform hasn't been dealt with in earnest from this president. I think you should only use those fail-safe mechanisms when ALL other means have been exhausted.
That being said, I think the president will push hard for reform next summer, with a stabilizing economy and having dealt with all his other domestic policy agenda. The economy right now is at its lowest point, yet the presidents approval ratings hover around 40%. An economy producing hundreds of thousands of jobs will give people the sense that the country is headed in the right direction, and should bring the other 10% back. Seal that with a push for reform, and he'll have the Hispanic vote for sure, plus progressives who seem to have abandoned him.
Worst case scenario, he doesn't get reform. Silver lining, we get four more years to try. And you won't get deported.

How does that even work? Because if you enlist using someone else's SSN, doesn't that count as someone else serving the military and not you?

So if someone else serves in the military you can get citizenship? wth?

Can you join the Army with a TPS ?