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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 8 U.S.C. § 1354 Applicability to members of the Armed Forces us united_states_code code_section 8 ALIENS AND NATIONALITY 12 IMMIGRATION AND NATIONALITY 1354 8 U.S.C. § 1354 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip /us/usc/t8/s1354 data/legal/raw/us/code/title-08/usc08.xml 4288567cee792e15b8d4f37cb950f584559b043734e2f2cd2ae8bb7e5e4c3d94 18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c aac0db76c620d48cc9920051c35b51359ff3c5e9743d0b60093925229225ba47 2026-07-04 official
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8 U.S.C. § 1354 - Applicability to members of the Armed Forces

Text

(a) 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.

(b) 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 members 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—

(1) an abandonment or relinquishment of lawful permanent resident status for purposes of clause (i) of section 1101(a)(13)(C) of this title; or

(2) an absence from the United States for purposes of clause (ii) of such section.

(June 27, 1952, ch. 477, title II, ch. 9, § 284, 66 Stat. 232; Pub. L. 110181, div. A, title VI, § 673, Jan. 28, 2008, 122 Stat. 185.)

Notes

Editorial Notes

References in TextThis chapter, referred to in subsec. (a), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Amendments2008—Pub. L. 110181 designated existing provisions as subsec. (a) and added subsec. (b).