2019 US Code
Title 8 - Aliens and Nationality
Chapter 12 - Immigration and Nationality
Subchapter II - Immigration
Part IX - Miscellaneous
Sec. 1354 - Applicability to members of the Armed Forces

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Citation 8 U.S.C. § 1354 (2019)
Section Name §1354. Applicability to members of the Armed Forces
Section 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 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—

(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.

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.)

Editorial Notes REFERENCES IN TEXT

This 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.

AMENDMENTS

2008—Pub. L. 110–181 designated existing provisions as subsec. (a) and added subsec. (b).

Publication Title United States Code, 2018 Edition, Supplement 1, Title 8 - ALIENS AND NATIONALITY
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part IX - Miscellaneous
Sec. 1354 - Applicability to members of the Armed Forces
Contains section 1354
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law No
Disposition standard
Statutes at Large References 66 Stat. 232, 163
122 Stat. 185
Public Law References Public Law 110-181
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