§1354 — Title 8 Aliens and Nationality | U.S. Code

Summary

Allows a noncitizen member of the U.S. Armed Forces who is in uniform or shows military ID and is traveling to or from the United States under official military orders or permission to enter and leave the country without being blocked or limited by this part of the immigration law. It does not give them any extra immigration rights or benefits beyond what this chapter already provides. If a lawful permanent resident is the spouse or child of that service member, is allowed to go and live abroad with the member under the member’s official orders, and actually lives with them (spouse must be married), then that time abroad will not be treated as abandonment of permanent resident status for purposes of clause (i) of section 1101(a)(13)(C) and will not be treated as an absence for purposes of clause (ii) of that section.

Title 8, §1354

Aliens and Nationality — Source: USLM XML via OLRC

(a)Nothing contained in this subchapter shall be construed so as to limit, restrict, deny, or affect the coming into or departure from the United States of an alien member of the Armed Forces of the United States who is in the uniform of, or who bears documents identifying him as a member of, such Armed Forces, and who is coming to or departing from the United States under official orders or permit of such Armed Forces: Provided, That nothing contained in this section shall be construed to give to or confer upon any such alien any other privileges, rights, benefits, exemptions, or immunities under this chapter, which are not otherwise specifically granted by this chapter.

(b)If a person lawfully admitted for permanent residence is the spouse or child of a member of the Armed Forces of the United States, is authorized to accompany the member and reside abroad with the member pursuant to the member’s official orders, and is so accompanying and residing with the member (in marital union if a spouse), then the residence and physical presence of the person abroad shall not be treated as—

(1)an abandonment or relinquishment of lawful permanent resident status for purposes of clause (i) of section 1101(a)(13)(C) of this title; or

(2)an absence from the United States for purposes of clause (ii) of such section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1101 of this title and Tables.

Amendments

2008—Pub. L. 110–181 designated existing provisions as subsec. (a) and added subsec. (b).

§1354 Applicability to members of the Armed Forces