8 U.S.C. § 1354

Applicability to members of the Armed Forces

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(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.(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 NotesReferences 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).

Notes of Decisions

Cited in 7 cases, 1956–1972 · leading case: In re Naturalization of Convento, 210 F. Supp. 265 (D.D.C. 1962).

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In re Naturalization of Convento, 210 F. Supp. 265 (D.D.C. 1962). “Section 284 of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1354 , provides for the lawful entry into the United States of alien members of the armed forces and several District Courts have held that such an entry sufficiently meets the requirements of a “lawful”…”

In re Naturalization of Gabriel, 319 F. Supp. 1312 (D.P.R. 1970). “While in the United States Navy, his only entries to the United States were as a member of the Armed Forces pursuant to the provisions of Section 284 of the Immigration and Nationality Act ( 8 U.S.C. § 1354 ) which did not constitute admissions for permanent residence.”

In re D'Auria, 139 F. Supp. 525 (D.N.J. 1956). “232 , 8 U.S.C.A. § 1354 , which read as follows: “Nothing contained in this sub-chapter shall be construed so as to limit, restrict, deny, or affect the coming into * * * the United States of an alien *527 member of the Armed Forces of the United States who is in the uniform of,…”

In re Naturalization of Chow, 146 F. Supp. 487 (S.D.N.Y. 1956). “” 8 U.S.C.A. § 1354 . This provision of the Act allows an alien member of the Armed Forces who is in the uniform of the Armed Forces to enter the United States under official orders, but has the explicit proviso that this privilege shall not confer upon him any rights not…”

In re Naturalization of Roque, 339 F. Supp. 339 (S.D. Miss. 1971). “While in the United States Navy his only entries to the United States were as a member of the Armed Forces pursuant to the provisions of Section 284 of the Immigration and Nationality Act ( 8 U.S.C. § 1354 ) which did not constitute admissions for permanent residence.”

Del Mundo v. Rosenberg, 341 F. Supp. 345 (C.D. Cal. 1972). · cites it 2× “The Respondent’s refusal to allow Petitioner to remain with her husband here during his tour of duty in the United States has placed an unreasonable burden upon the serviceman, a burden which is contrary to the language, intent and purpose of 8 U.S.C. § 1354 , undermines the…”

In re Naturalization of Alon, 342 F. Supp. 596 (E.D. La. 1972). “*598 While in the United States Navy his only entries to the United States were as a member of the Armed Forces pursuant to the provisions of Section 284 of the Immigration and Nationality Act ( 8 U.S.C. § 1354 ) which did not constitute admissions for permanent residence.”

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