Veteran Status

Definition

The individual who is a veteran or is on active duty in the U.S. Armed Forces and his or her spouse or unmarried dependent child(ren), or the unremarried surviving spouse of a deceased veteran or active duty service member may be eligible with Veteran status if the individual:

  • Has an “Honorable” Discharge” (not on account of alienage) and
  • Fulfills the minimum active-duty service requirements in the United States Armed Forces.This includes the: Army, Navy, Air Force, Marine Corps, and Coast Guard.

Rule

Qualified Noncitizens who meet the definition of a veteran are immediately eligible for federal public benefits.

Documents

Honorable Discharge

Honorable Discharge is verified by one of the following:

  • A Discharge Certificate (DD Form 214), or its equivalent.
    • The DD Form 214 or equivalent document that shows two or more years of continuous active duty in the Army, Navy, Air Force, Marine Corps, or Coast Guard with “Honorable” discharge
    • If the DD Form 214 or equivalent document has an original enlistment date prior to September 7, 1980, there is no minimum active duty service requirement
    • If the enlistment date is after September 7, 1986, and shows less than two years of service, refer the Veteran to the Veterans Service Office for clarification using the “Veterans’ Benefits Verification and Referral” (CA 5)
    • If documentation is questionable, refer the Veteran to the Veterans Service Office for clarification using the “Veterans’ Benefits Verification and Referral” (CA 5).

Any other reason for discharge does not qualify. “Under Honorable Discharge” is not an honorable discharge for these purposes.

Active Duty

“Active Duty” status as a member of the Armed Forces means the individual is on full time duty in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard. It does not include National Guard Duty. “Active Duty for Training” does not establish eligible status but these individuals should be referred to Veterans Services to establish possible Veteran status.

Service members on Active Duty must provide one of the following:

  • A current Military Identification Card DD Form 2 (Active). This document will have an expiration date
    • If the card will expire within one (1) year, the service member must show his current military orders
    • If the applicant is unable to present their military orders, active duty can be verified by the Service Member through RAPIDS located at many military installations
  • A member of a Reserve component must establish status by showing a current DD Form 2 (Reserve) card AND military active duty orders.

Spouse, Unmarried Dependent Child, Unmarried Surviving Spouse

The Veteran’s or active duty service member’s status must be verified first. If the Veteran’s or active duty status is qualifying, then the appropriate relationship must be verified.

  1. Spouse: Spousal relationship can be verified by the following:
    1. Possession of a current Military Identification Card (DD Form 1173) showing the individual is married to a veteran or active duty member. A DD Form 1173 with an expiration date of more than one year from the date of its presentation presumptively meets the active duty requirement.
      1. When the DD Form 1173 is due to expire within one year the spouse must provide a copy of the military orders for his or her spouse to establish the active duty status of the service member. If married to a reserve member the orders must show that the service member is on active duty and not on active duty for training
    2. Verification via the CA 5 process, or
    3. Relationship may be verified by the RAPIDS system.
  2. Unmarried Dependent Child: A child (including adopted) is defined as under the age of 18, or if a full time student, age 22. This can include a disabled child, age 18 or older, if the child was disabled and dependent on the active duty member or veteran prior to the child’s 18th birthday. The child’s relationship can be verified by the following:
    1. Possession of a current Military Identification Card (DD Form 1173) showing the individual is a child of the veteran or active duty member
      1. If the DD Form 1173 has an expiration date of more than one year from the date of its presentation presumptively meets the active duty requirement
      2. If the DD Form 1173 will expire within one year, the child must provide a copy of the military orders for their parent to establish the active duty status of the service member. If an unmarried child of a reserve member, the orders must show that the service member is on active duty and not on active duty for training
    2. Verification via the CA 5 process, or
    3. Relationship may be verified by the RAPIDS system.
  3. Unremarried Surviving Spouse: The following proof is needed:
    1. The surviving spouse was married to the veteran of active duty personnel within 15 years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred
    2. That the surviving spouse was married to the Veteran or active duty personnel for one year or more, or
    3. That a child was born of the relationship between the surviving spouse and the veteran or active duty personnel, either during or before the marriage, and
    4. That the surviving spouse has not remarried.
  4. If the RAPIDS system is not available to the Veteran, they can write or fax to:

DEERS Support Office
Attention: Research and Analysis
400 Gigling Road
Seaside, California 93955-6771

FAX: (408) 655-8317

Related Topics

Noncitizen Categories & USCIS Codes Introduction

Asylees and Authorization to Work

Conditionals