If you are a close relative of or married to a serving member of the United States military, it is helpful to be aware of the rights you are given under U.S. immigration law. While going through the citizenship and naturalization process, there are various benefits you can take advantage of if you are a spouse or relative of a U.S. military member.

If you are a green card holder who accompanies their deployed spouse, your time spent living with your spouse overseas can count as if it were time spent in the United States. This will factor into the U.S. residency requirements that must be met to obtain citizenship. You can also take advantage of the exception that allows spouses of U.S. citizens to apply for citizenship after only three years of residence. In addition, if you do not want to return to the U.S. to apply for citizenship, you do not have to. Rather, you can complete the process of naturalization while you are abroad.

If you are already a permanent resident and your child or parent dies while serving on active duty, you can apply for citizenship right away. This also applies for a husband or wife who is living with their military spouse when the death occurs. In addition, family members of non-U.S. citizens who die from injury or disease that was caused or aggravated by active duty during a time of military hostility can apply for citizenship on behalf of their deceased relative. The various conflicts that began on September 11, 2001 and have resulted since then qualify as a period of military hostility—until further notice by the president. In this case, citizenship is awarded as the date of the individual's death.

Additionally, some family members may apply for green cards as the immediate relative of a U.S. military member. This includes the service person's spouse (as long as they were not legally separated), parents, and unmarried children under the age of 21. If the individual has already applied for a green card based on their relationship to the deceased, they can go forward with the application as if the death did not occur.

As a family member or spouse of a U.S. military member, it is beneficial to be aware of all the immigration laws that apply to you. The United States immigration system can be complicated, but you do not have to work through a legal proceeding on your own. Contact an immigration attorney today to find out more about the rights you have as the loved one of a man or woman of the U.S. Armed Forces.