4 ms·

I'll admit that I'm not brushed-up, so I brushed up. DoDI 1304.26[0] describes department-specific requirements, and points back to USC 10 for the legal requir

I'll admit that I'm not brushed-up, so I brushed up. DoDI 1304.26[0] describes department-specific requirements, and points back to USC 10 for the legal requirements. USC10 S504(b) lays out the specific requirements, namely "... lawfully admitted for permanent residence[2] ..." and in-addition, as you point out, there exists program-exceptions performed or maintained by the SecDef. A report by the Deparment of Homeland Security suggests that some immigrant visas meet this criteria[3]. There's also a pretty long list of spouse-visas that constitute LPR[4]. So, it's still possible. A recruiter would know more, or at least know someone who knows more. Where there's a will, there's a way. Notice these are all primary sources, with a favor towards the authoritative information. If you're a stickler though, you could pull the PDFs direct from congress, but that's as much fun as reversing a box of punch cards. [0] DoDI 1304.26 Encl. 3, 2(b) https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130426p.pdf https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/do... [1] USC10 504(b) https://www.law.cornell.edu/uscode/text/10/504 https://www.law.cornell.edu/uscode/text/10/504 [2] https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=8-USC-2124716147-1201680062&term_occur=999&term_src= https://www.law.cornell.edu/definitions/uscode.php?width=840... [3] https://www.dhs.gov/sites/default/files/2023-02/2022_0405_plcy_lawful_permanent_residents_fy2021v2.pdf https://www.dhs.gov/sites/default/files/2023-02/2022_0405_pl... [4] https://www.dhs.gov/immigration-statistics/lawful-permanent-residents/ImmigrantCOA https://www.dhs.gov/immigration-statistics/lawful-permanent-...

jacobriis 4y ago
I'm not sure how posting a bunch of links that say you have to be a lawful permanent resident support your case that you don't have to be a lawful permanent resident. You think this guy just accidentally forgot he's a lawful permanent resident and got a H1B? No there isn't a way for an H1B to join the military. Try the French Foreign Legion. Also Ukraine and Russia are hiring.
- meltyness 4y ago
  The links are simply a copy of a primary source for the correct legal stipulations, and are hence adjacent to a wholistic view. You also seem to have confidently misread the situation, because OP does not indicate his specific current visa, since his spouse's visa may be that of a lawful permanent resident.
  - jacobriis 4y ago
    As those links state, to enlist in the military he would need to be a lawful permanent resident and in that case he wouldn't need to enlist in the military. And if his wife were a permanent resident, he would also qualify to be a permanent resident and again not need to enlist in the military.

jacobriis 4y ago

I'm not sure how posting a bunch of links that say you have to be a lawful permanent resident support your case that you don't have to be a lawful permanent resident. You think this guy just accidentally forgot he's a lawful permanent resident and got a H1B? No there isn't a way for an H1B to join the military. Try the French Foreign Legion. Also Ukraine and Russia are hiring.

meltyness 4y ago
The links are simply a copy of a primary source for the correct legal stipulations, and are hence adjacent to a wholistic view. You also seem to have confidently misread the situation, because OP does not indicate his specific current visa, since his spouse's visa may be that of a lawful permanent resident.
- jacobriis 4y ago
  As those links state, to enlist in the military he would need to be a lawful permanent resident and in that case he wouldn't need to enlist in the military. And if his wife were a permanent resident, he would also qualify to be a permanent resident and again not need to enlist in the military.