(Revised 09/01/2020 ML3587)
An individual lawfully admitted for permanent residence or a battered spouse or child may meet eligibility criteria if they have a past or current involvement with the United States Armed Forces and are lawfully admitted to the U.S. under USCIS status.
- Past or Current U.S. Military Involvement is defined as:
- An individual on active duty for reasons other than training with any of the United States Armed Forces units. This applies to minimum active duty service requirements of 38 U.S.C. 5303A(d), including an individual who died in active military, naval or air service or the period for which the person was called to active duty.
(1) An individual remains eligible if honorably discharged for reasons other than alien status who fulfills the minimum active duty service requirement including an individual who died in active military naval or air service.
This includes an individual who served before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines while such forces were in the service of the Armed Forces of the U.S. or in the Philippine Scouts.
(2) If active duty is for training such as National Guard or Army Reserve, individual is not eligible.
- An individual honorably discharged from the U.S. Armed Forces.
(1) If the discharge was for alien status or for dishonorable service, the individual is not eligible.
- Spouse or Unmarried Dependent Children of Individual with U.S. Military Involvement:
- An individual must be married to the veteran/service individual or was married to the individual at the time of the individual's death and has not remarried.
Eligibility for the unremarried surviving spouse of a deceased veteran provided that the couple was married for at least one year or for any period if a child was born of the marriage or was born to the veteran and the spouse before the marriage and the spouse has not remarried.
(1) An individual would not be eligible if divorced from the veteran/service individual or has remarried since the veteran/service individual's death.
(2) Eligibility exists for the alien spouse regardless of whether or not the veteran/service individual is a U.S. citizen.
(3) Eligibility stops if the service individual is discharged from active duty for alien status or dishonorable service.
- Unmarried dependent child(ren) of the veteran/service individual are eligible if they are:
(1) A legally adopted or biological dependent child of an honorably discharged veteran or active duty member of the Armed Forces if the child is under the age of 18 or a full-time student under the age of 22.
(2) A child under age 18 or 22 if a fulltime student of a deceased veteran.
(3) A disabled child age 18 or older if the child was disabled and dependent on the active duty member or veteran prior to the child’s 18th birthday.
(4) Child(ren) does not have to be residing with the veteran/service individual.
(5) Eligibility stops if the child(ren) becomes married, is no longer a dependent, or the service individual is discharged from active duty for alien status or dishonorable service.
