The guidance explains to Designated School Officials (DSO) about the MAVNI program. A DSO is the representative of a University or School responsible for ensuring international student programs and students are compliant with United States immigration laws. The MAVNI program allows certain aliens who are legally resident in the United States to enlist in the United States military. The MAVNI program offers a route for nonimmigrants to become United States citizens without acquiring lawful permanent residence. The Army and Navy currently participate in the program. A limited number of 1000 slots are available. The program is scheduled to expire in December 2009, however it is expected to be extended. Enlistment in the program is limited to those holding critical skills: physicians, nurses and certain experts in languages with associated cultural backgrounds. Recruits are required to enlist for a minimum of eight years. In order to qualify, the nonimmigrant must have been in valid status for at least two years. The guidance warns that individuals who enlist in the program will loose their F or M status. The recruits will be immediately eligible for naturalization upon enlistment. Recruits will be sworn in on the final day of basic training. The guidance does not provide a clear or concrete answer for those who do not complete basic training and cannot naturalize. The guidance suggests some may be able to obtain previous status. However, the answer is not definitive. DSOs are directed to urge recruits to file the application for naturalization as soon as possible after enlistment. DSOs are also directed to terminate the students SEVIS record and the record for any F-2 or M-2 dependents. The MAVNI program is authorized under the Wartime Enlistment Statute of 2002. The Chander Law Firm encourages individuals interested in military service to join. However, The Chander Law Firm cautions that the MAVNI program is not a solution for perceived immigration problems. MAVNI recruits hold not status after they have enlisted and applications for naturalization are pending. Failure to satisfy basic training may result in situation where an alien be unable to reclaim status. The MAVNI program would require recruits to petition for any dependents as the dependents would lose status upon enlistment. Furthermore, the program requires a lengthy commitment. Related Links http://www.defenselink.mil/news/mavni-fact-sheet.pdf http://www.army.com/enlist/mavni.html http://www.uscis.gov/military Wartime Enlistment Statute of 2002, 8 USC 1440. Employment Authorization and Verification of Aliens Enlisting in the Armed Forces (74 F.R. 7993).
