We are starting to see the beginning of the immigration reform debate. Robert Menendez (D-NJ) introduced The Military Families ACT which if passed would allow USCIS to grant permanent residency to children and spouses of those honorably serving or have honorably served in the Military even if the spouse or child is undocumented alien. Several Democratic members of Congress already voiced their support to this legislation.
Traditionally, only US citizen applicants are permitted to immediately confer permanent residency status to spouses and children, but not if they are undocumented. This Act attempts to correct this situation and take care of family members of the military personnel.
According to the Immigration Policy Center, currently there is 114,601 foreign born persons in the armed forces. They represent 7.91% of active duty personnel. Most foreign born personnel in the military were able to acquire Citizenship pursuant to Sec. 1440 of the INA which conferred Naturalization through active-duty during periods of military hostilities. But this law ironically does not extend status to their family members.
The US has been at war for more than eight years. The continued need for foreign born military personnel with various language and other skills is clear. The passage of this legislation to protect the family of this important group is without a doubt is in our clear national interest.
Rest assured that this bill is far from being signed into law. Many believe that this legislation should be part of the overall immigration debate which will not be jumpstarted before the next year. Also, expect opposition form some lawmakers such as Representative Lamar Smith who simply does not think this is necessary.
