New Shipping Requirement for Non-Citizens

Article originally published on . The requirement for final adjudication of the background investigation for shipping has since been recinded for non-citizens. Article maintained for historical purposes.

With the announcement one week ago today, October 13, 2017, by the Department of Defense Chief of Accessions, Stephanie Miller, of, "Effective immediately, all green card holders must complete a background investigation and receive a favorable military suitability determination prior to entering any component of the armed forces" came many questions to my blog and email from applicants and Future Sailors alike.

Most of the questions are similar to one I received by one Future Sailor. His question was this: "I am currently in DEP as a green card holder, and I was informed by my recruiter that my original ship date will be delayed due to a new protocol of an additional background investigation. How long will these background checks last?"

First, it isn't an additional background check. For those enlisting in the Navy, it is the same one that you have already been submitted for in the Navy Accession Security Information System (NASIS). The change is that now, just like for those entering the Navy Nuclear Power Program and Warrior Challenge, Non-citizens (Green Card Holders, and those who may enter via the Military Accessions Vital to the National Interest (MAVNI) program in the future (Navy MAVNI is currently closed) must wait until the background investigation has been full adjudicated before they can ship to boot-camp. Previously, the investigation request only had to be properly submitted to NASIS before shipping to boot-camp.

Due to the thoroughness of the background investigation, final adjudication can take anywhere from two months to over a year to receive back.

I estimate non-citizens make up roughly two percent of the total Navy Delayed Entry Program (DEP).

Due to this new requirement and the time it can take to receive the final adjudication, a large chunk of the green card holders currently in the Delayed Entry Program (DEP) will be required to have their boot-camp shipping date moved out into the future. Figuring there are roughly seven to eight hundred currently in DEP, this is an administrative burden on recruiting command, but a potential nightmare for those affected. Beyond having to plan for a new future date, this could also require the Future Sailor to change jobs as the current one may not be available on the new out-month shipping date.

The military wide ship date roll-out scenario many of those currently in DEP will have to endure over the next couple of weeks will not be nearly as wide spread for those currently in the process of enlisting. For non-citizens in the process of joining or just thinking about the military as an option for the future, do not expect to leave for boot-camp anytime soon. Be prepared to spend many months in the DEP.

Note: On November 16, 2018, Judge Jon S. Tigar of the U.S. District Court Northern California granted a preliminary injunction titled, "ORDER GRANTING CLASS CERTIFICATION, DENYING MOTION TO DISMISS, AND GRANTING PRELIMINARY INJUNCTION". The order's conclusion reads, "For the foregoing reasons, the Court (1) GRANTS Plaintiffs' motion for class certification; (2) DENIES DoD's motion to dismiss; and (3) GRANTS Plaintiffs' motion for preliminary injunction. The Court hereby ENJOINS Defendants and their officers, agents, servants, employees, and attorneys, and any other person or entity subject to their control or acting directly or indirectly in concert or participation with Defendants from taking any action continuing to implement the October 13 Memo and ORDERS Defendants to return to the pre-October 13, 2017 practices for the accession of Lawful Permanent Residents into the military. This Preliminary Injunction shall take effect immediately and shall remain in effect pending resolution of this action on the merits or further order of this Court."

UPDATE: Effective, September 3, 2020, per NAVADMIN 246/20, the minimum service requirements (MSR) for Sailors seeking O-6 or higher certification of honorable service through submission of United States Citizenship and Immigration Services (USCIS) Form N-426 (Request for Certification of Military or Naval Service) as part of the naturalization process have been vacated. Accordingly, the requiring completion of 180 days of continuous Active Duty service or 1 good year towards regular retirement in the case of members of the selected reserves prior to submitting USCIS Form N-426 are suspended.

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