Special immigrant status for certain aliens who have served honorably (or are enlisted to serve) in the Armed Forces of the United States for at least 12 years.

CFR · 2024-01-01 · US · Title 8

(a) (1) (2) (b) (1) The alien has served honorably on active duty in the Armed Forces of the United States after October 15, 1978; (2) The alien's original lawful enlistment was outside the United States (under a treaty or agreement in effect October 1, 1991) for a period or periods aggregating— (i) Twelve years, and who, if separated from such service, was never separated except under honorable conditions; or (ii) Six years, in the case of an immigrant who is on active duty at the time of seeking special immigrant status under this rule and who has reenlisted to incur a total active duty service obligation of at least 12 years; (3) The alien is a national of an independent state which maintains a treaty or agreement allowing nationals of that state to enlist in the United States Armed Forces each year; and (4) The executive department under which the alien has served or is serving has recommended the granting of special immigrant status to the immigrant. (c) (1) The relationship of spouse and child as defined in section 101(b)(1) of the Act must have existed at the time the principal alien's special immigrant application under section 101(a)(27)(K) of the Act was approved. The spouse or child of an immigrant classified as a section 103(a)(27)(K) special immigrant is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition. (2) When a spouse or child of an alien granted special immigrant status under section 101(

official document · source cfr-2024 · id 8:§ 204.9