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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18791
Experience:  Lawyer and current JAG officer.
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Can a active duty service member marry an illegal immigrant

Customer Question

Can a active duty service member marry an illegal immigrant that has been authorized stay due to deferred action for child hood arrivals act?
Submitted: 1 month ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 month ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

While it is not specifically illegal under the UCMJ to do so, it can present other potential legal issues for the military member. The two most common are security clearance issues and being put in a position where the military member has to choose whether or not to be truthful in a legal document (if attempts are made to have the illegal immigrant spouse covered as a dependent or if a marriage license is obtained through false means). The military would have to report the illegal status and likely would not recognize the marriage as valid, if somehow accomplished in the U.S.

There are other obstacles as well to marriage, under civil laws that wouldn't grant a marriage license.

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