Citizenship
While there is a statutory requirement that only a United States Citizen may become a commissioned officer, this is not true for enlistment. Certain non-citizens can enlist in the United States Armed Forces. To be eligible to enlist, a non-citizen must:
(1) Entered the United States on a permanent residence visa or has an Alien Registration Receipt Card (INS Form 1-551/I-551 greencard or stamped I-94), and
(2) Established a bona fide residence, and
(3) Established a home of record in the United States.
The visa and/or "greencard" must have sufficient time remaining on it (expiration date) to be valid during the entire term on enlistment. While non-citizens may enlist in the U.S. Military, they are not allowed to reenlist (stay in beyond their first term of service), unless they first become U.S. Citizens. However, there are accelerated citizenship procedures for non-citizens on active duty. For details, see our article, U.S. Citizenship in the Military.
I get lots of email from non-U.S. citizens, who do not live in the U.S., asking how they can join the U.S. Military. Quite simply, you can't. In order to join any branch of the United States Military, one must either be a U.S. Citizen, or one must be a legal immigrant, currently living in the United States, with a "green card." The United States Military cannot and will not assist in the immigration process. In order to join the U.S. Military, one must legally immigrate first, and then apply to join the military, once they are living in the U.S.
For enlistment purposes, citizens of the United States include citizens of: Guam, Puerto Rico, The U.S. Virgin Islands,The Northern Marianas Islands, American Samoa, The Federated States of Micronesia, and The Republic of the Marshall Islands.
Not all non-citizens may be eligible to enlist. Applicants who have been residents of countries considered hostile to the interests of the United States require a waiver. See your local recruiter for the most current list of countries considered hostile to the interests of the United States.
While non-citizens may enlist, they will find their job choices extremely limited. DOD policy prohibits granting security clearances to non-U.S. Citizens. Therefore, non-Citizens. who enlist in the United States military will be limited to those jobs which do not require a security clearance.
Dependents
In general, DOD prohibits the enlistment of any applicant who has more than two dependents under the age of 18. While the services are allowed to waive this policy, they often will not. In fact, most of the services are even more strict in their policies.
The Navy, for example requires a waiver for any applicant with more than one dependent (including the spouse). To receive a waiver, the applicant must show that they are financially responsible (which means the Navy will check their credit report).
In the Marine Corps, a waiver is required if an applicant has any dependent under the age of 18.
The Air Force will do a financial eligibility determination (see below) if the member has any dependents at all.
The Army requires a waiver if the applicant has two or more dependents (in addition to the spouse).
The Coast Guard requires a waiver if there is more than one dependent (other than spouse), unless the applicant is enlisting in the grade of E-4 or above, when the limit is two dependents (other than spouse).
For enlistment purposes, a "dependent" is defined as:
a. A spouse, to include a common law spouse if the state recognizes such; or
b. Any natural child (legitimate or illegitimate) or child adopted by the applicant, if the child is under 18 years of age and unmarried, regardless of whether or not the applicant has custody of the child. The term natural child includes any illegitimate child when: the applicant claims the child as theirs, or the applicant's name is listed on the birth certificate as the parent, or a court order establishes paternity; or if any person makes an allegation of paternity that has not been finally adjudicated by a court; or
c. A stepchild of the applicant who resides with the applicant if the stepchild is under 18 years of age; or
d. Any parent or other person(s) who is/are, in fact, dependent on the applicant for more than one-half of their support.
In general, for enlistment purposes, an applicant is considered to be without a spouse (unmarried), if:
a. Common law marriage has not been recognized by a civil court, or state law.
b. Spouse incarcerated.
c. Spouse deceased.
d. Spouse has deserted the applicant.
e. Spouse legally separated from the applicant. (For the Army, separation by "mutual consent" is sufficient.)
f. Applicant or spouse has filed for divorce. (Note: If the divorce action is "contested," the service may deny enlistment until after the dispute is resolved in family court).
