Special Immigrant Visas (SIVs) offer a direct path to U.S. residency for family members of certain people who serve in the U.S. military. These visas aim to support military families by making it easier for family members to join their loved ones in the United States. Eligible family members can obtain lawful permanent resident (green card) status, which allows them to live and work in the U.S. permanently.
Eligibility Criteria for Family Members
Not all family members qualify for Special Immigrant Visas. Typically, SIV eligibility extends to immediate relatives of active-duty U.S. service members, including spouses and unmarried children under 21. These family members must prove their relationships to the service member through official documentation, such as marriage certificates or birth certificates. U.S. Citizenship and Immigration Services (USCIS) provides detailed guidelines on eligibility, which can vary depending on the military member’s specific branch and status.
Application Process for Special Immigrant Visas
The application process for a Special Immigrant Visa begins with submitting Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to USCIS. Once approved, applicants move on to visa processing, which involves submitting additional documentation and attending an interview. Processing times can vary depending on caseloads and specific family situations. However, military families can receive priority processing, which shortens waiting times. Applicants should prepare by gathering all required documents early in the process, including proof of the family member’s service status.
Parole in Place and Deferred Action
Parole in place (PIP) and deferred action provide temporary legal status options for family members who might not yet qualify for an SIV. Parole in place allows certain family members of U.S. military members to remain in the U.S. without fear of deportation and grants a temporary work permit. Deferred action offers similar protections but applies to family members in different situations. Both options aim to protect family members from legal consequences, allowing them to live and work in the U.S. temporarily while their loved one serves.
Pathways to Citizenship for Military Family Members
After securing an SIV, many military family members want to pursue U.S. citizenship. The naturalization process offers some expedited pathways for these people, depending on their circumstances. For example, spouses of U.S. military members who have lived in the U.S. as green card holders can qualify for naturalization sooner than typical permanent residents. Family members of military personnel can start this process by submitting Form N-400, Application for Naturalization, to USCIS.
Contact an Immigration Lawyer for Support
If you’re considering an SIV or other immigration options for military families, contact Greenwood Law today for an initial consultation. We have a strong commitment to supporting veterans and their families and actively work with Forsyth County’s veterans treatment court. We’re proud to offer a no-fee initial consultation to those referred through our partnerships with local armed forces recruiting offices. Contact us now to learn how we can help you and your loved ones immigrate to the U.S.