MAVNI Future Soldiers who are not in a current immigration status must apply to be reinstated to their former status or for Deferred Action. This is a mandatory requirement and their status will be verified when the current shipping restrictions have been removed. All FS will have their immigration status verified prior to being allowed to ship to training.

Deferred Action, if granted, will allow the FS to apply for a work permit for the specified period of time the Deferred Action is granted. The attachments outline the process of applying. It can also be applied for the FS’s spouse, children and parents, if applicable. The applications will be treated on a case by case basis, there is no guarantee of approval of the FS or their family members. MAVNI FSs currently in an approved immigration status may also apply if they wish to as it would allow them to apply for a work permit to support themselves while waiting to ship to training. FS who are in a current status that apply would maintain their current status if their request for Deferred Action is not approved.

The instructions to apply for Deferred Action are outlined within the attachments. Other detailed information is available at www.uscis.gov/military.discretionary-options Questions related to the application process can also be addressed at (877) 247-4645 or by making an appointment at a local field office at https://my.uscis.gov/appointment.

FSs may also be instructed to consult with and obtain the services of an Immigration Attorney for assistance, if they wish to do so.

There is no fee to apply for Deferred Action. To make the request, the FS should submit the following to the USCIS office with jurisdiction over his or her place of residence:

1) A letter stating basis for the Deferred Action request.

Letter requesting deferred action should include but is not limited to;

1. Name of Future Soldier
2. The fact that the FS is in a delayed shipping status for the Army or Army Reserve under the MAVNI program.
3. When the FS joined, when they were supposed to ship to training, and are now on an indefinite hold.
4. If the FS is out of status-what status did he/she have? When the status was lost or expired?
5. The fact that the FS wishes to apply for deferred action so he/she can become eligible to ship to training once the hold has been lifted.
6. The FS will also need to request employment authorization to enable him/her to support themselves while on hold.

If the FS is in status but unable to work, the letter will include most of the above except the letter will address being authorized employment only so he/she can support themselves while waiting to ship.

2) Evidence of current or prior Military Service (or copy of enlistment contract, DD Form 4 and Enlistment Annex is sufficient);

3) Proof of family relationship, if applying based on family relationship to military member, veteran, or enlistee;

4) Proof of identity and nationality;

5) If applicable, any document used to lawfully enter the United States (including, but not limited to, Form I-94, Arrival/Departure Record, passport with visa and/or admission stamp, and any other documents issued by other components of DHS or legacy INS);

6) Form G-325A, Biographic Information;

7) Two identical, color, passport style photographs; and

8) Evidence of any additional discretionary factors the requestor would like USCIS to consider.

Unfortunately, there is no definitive update as to when the additional Security screening after the NIAC and SSBI close favorably is going to be instituted.

Current indications is that this shipping delay will go on until at least the summer of 2017. When additional information is available it will be announced immediately.

We are getting questions about DEP/DTP loss forgiveness, at this time there is no plan give loss forgiveness for MAVNI losses. It is understood that if a MAVNI decides to not ship and is cancelled, it is through no fault of theirs or the recruiting force but because of the sheer number of DEP/DTPs, loss forgiveness is not possible.

Please inform G3, EEPD Policy with any update on FSs that have been granted permanent residence or have been Naturalized. It may be possible for them to ship without delay after verification has been made of their new status and results of their security screening checks.

Any questions please refer to an immigration attorney for assistance.