8 U.S.C. § 1354 — Applicability to members of the Armed Forces
submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 227 words · no verdicts yet
Certain alien Armed Forces members in uniform or carrying identifying documents may enter or leave the United States under official orders without this subchapter limiting that movement. Their family members residing abroad with them receive specified permanent-resident protections.
(a) This subchapter does not limit, restrict, deny, or affect entry or departure of an alien* member of the United States Armed Forces who is in uniform or carries identifying documents and travels under official military orders or permission. It does not give that person any other privilege, right, benefit, exemption, or immunity not specifically granted by this chapter. (b) If a lawful permanent* resident is the spouse or child of such a service* member, is authorized to accompany the member and live abroad under official orders, and does so (a spouse in marital union), the person's foreign residence* and physical presence do not count as (1) abandoning or giving up permanent-resident status under 8 U.S.C. 1101(a)(13)(C)(i), or (2) an absence from the United States under clause (ii).
Nothing contained in this subchapter shall be construed so as to limit, restrict, deny, or affect the coming into or departure from the United States of an alien* member of the Armed Forces of the United States who is in the uniform of, or who bears documents identifying him as a member of, such Armed Forces, and who is coming to or departing from the United States under official orders or permit of such Armed Forces: Provided, That nothing contained in this section shall be construed to give to or confer upon any such alien any other privileges, rights, benefits, exemptions, or immunities under this chapter, which are not otherwise specifically granted by this chapter.
If a person lawfully admitted* for permanent* residence* is the spouse or child of a member of the Armed Forces of the United States, is authorized to accompany the member and reside abroad with the member pursuant to the member’s official orders, and is so accompanying and residing with the member (in marital union if a spouse), then the residence and physical presence of the person abroad shall not be treated as—
an abandonment or relinquishment of lawful permanent resident status for purposes of clause (i) of section 1101(a)(13)(C) of this title; or
an absence from the United States for purposes of clause (ii) of such section.
Source credit: (June 27, 1952, ch. 477, title II, ch. 9, § 284, 66 Stat. 232; Pub. L. 110–181, div. A, title VI, § 673, Jan. 28, 2008, 122 Stat. 185.)
- 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 232
- 2008Amended · Pub. L. 110-181 · 122 Stat. 185
A history note hasn’t been published yet. The record shows enactment by ch. 477 on 1952-06-27.
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