Form I-539: Extend or Change Status

Naturalization for U.S. Military Service Members

Naturalization is the process through which an immigrant can become a U.S. citizen. To apply for U.S. citizenship, you need to either be a permanent resident living in the U.S. for 3 to 5 years or be a member of the U.S. Armed Forces. In this article, we’ll explain how naturalization works for active duty and veteran military members.

Cost of Naturalization for Military Members

Applying for U.S. citizenship is free for members of the U.S. military.

Typically, the government charges a $760 fee to naturalize, but military service members are exempt from this cost. This does not cover incidental expenses, such as travel costs.

Timeline for Naturalization

The processing time for the Application for Naturalization (Form N-400) is currently about 4.9 months. This time includes the interview, decision, and Oath of Allegiance. In some cases, military members’ spouses may be eligible for expedited naturalization.

For the most up-to-date timeline, check the U.S. Citizenship and Immigration Services (USCIS) processing times tool. For a more detailed look at the process, refer to our comprehensive guide on the naturalization timeline.

Requirements for Military Service Members

There are two main ways for U.S. military service members to obtain naturalization. These methods are outlined in sections 328 and 329 of the Immigration and Nationality Act (INA). Below, we break down the requirements for both.

1. Service for At Least One Year (Peacetime Naturalization)

Military members, whether active-duty or veterans, who have served honorably for at least one year can apply for naturalization under INA 328. To qualify, they must meet the following requirements:

  • Be 18 years or older
  • Be a lawful permanent resident at the time of the naturalization interview
  • Demonstrate good moral character for at least 5 years before applying (up to the naturalization date)
  • Have served honorably for at least one year in the U.S. Armed Forces (this doesn’t need to be continuous)
  • Be able to speak, read, and write English
  • Know U.S. history and government
  • Support the principles of the U.S. Constitution and the well-being of the country.

Note: In some cases, applicants may not need to meet all of these criteria.

Military branches that qualify for this process include:

  • U.S. Army
  • U.S. Navy
  • U.S. Marines
  • U.S. Air Force
  • U.S. Space Force
  • U.S. Coast Guard
  • National Guard (if designated as a reserve component by the federal government)

To qualify, military members must have an “honorable” discharge, meaning they received a designation such as “Honorable” or “General-Under Honorable Conditions.” A discharge marked “Other Than Honorable” is not acceptable.

If an applicant applies more than 6 months after discharge, they must have lived in the U.S. continuously for at least 5 years and have been physically present for at least 30 months of that time. However, if they served honorably during the last 5 years, this time can count toward the physical presence and residency requirements. Service members who apply while still in the military, or within 6 months of honorable discharge, do not need to meet these requirements.

2. Service During Hostilities (Combat Zone Naturalization)

If an applicant served honorably during a period of hostility, they are eligible to apply for U.S. citizenship under INA 329. Service members can apply at any age and must meet the following criteria:

  • Be a lawful permanent resident or be physically present in the U.S. when they enlisted or re-enlisted
  • Have served during a designated period of hostility (see the list below)
  • Have good moral character for the year leading up to their application
  • Know U.S. history and government
  • Support the U.S. Constitution and the well-being of the country

Applicants who served during periods of hostility do not need to meet residency or physical presence requirements. They must have served honorably in active duty or as part of the Selected Reserve of the U.S. Armed Forces. The same “honorable” service standards apply here.

Designated Periods of Hostility:

  • World War I: April 6, 1917 – November 11, 1918
  • World War II: September 1, 1939 – December 31, 1946
  • Korean Conflict: June 25, 1950 – July 1, 1955
  • Vietnam Hostilities: February 28, 1961 – October 15, 1978
  • Persian Gulf Conflict: August 2, 1990 – April 11, 1991
  • War on Terrorism: September 11, 2001 – present

Some individuals may also be eligible under the Military Accessions Vital to National Interest (MAVNI) program, which recruits noncitizens with skills needed by the U.S. military.

How to Apply for Naturalization

Military applicants can often get help with their paperwork from their military unit. The application involves two main forms:

  • Form N-400: This is the main Application for Naturalization. Applicants should indicate that they are applying based on military service. They can file online by creating an account on the USCIS website.
  • Form N-426: This form verifies the applicant’s honorable service in the U.S. Armed Forces. It must be signed and certified by a military official within 6 months of filing Form N-400.

If the applicant has been discharged, they may submit Form N-426 without certification. They will also need to submit a copy of their discharge paperwork (e.g., DD Form 214 or NGB Form 22).

Once the forms are submitted, USCIS will conduct a background check and request fingerprints. The fingerprinting can be done through the military, at a USCIS field office, or through past immigration applications.

After reviewing the application, USCIS will schedule an interview to test the applicant’s English language skills and knowledge of U.S. civics. If successful, the applicant will be scheduled to take the Oath of Allegiance and become a U.S. citizen.

Naturalization Process for U.S. Military Veterans

The naturalization process for U.S. military veterans is designed to recognize their service and facilitate their transition to citizenship. Veterans can apply for naturalization under special provisions of the Immigration and Nationality Act (INA), specifically Sections 328 and 329, which provide expedited processing and exemptions from certain requirements.

Special Benefits for Veterans

Veterans are eligible for expedited naturalization regardless of when they served, as long as they have an honorable discharge. This includes those who served during peacetime or periods of hostilities. Key benefits include:

  • No Application Fees: Veterans do not have to pay the application fee for naturalization.
  • Exemptions from Residency Requirements: Veterans may not need to meet the usual continuous residence requirements, allowing them to apply while stationed abroad or after leaving military service.

Applying for Citizenship After Military Service

Veterans can apply for citizenship even after leaving military service. To do so, they must:

  1. Complete Form N-400: This is the Application for Naturalization.
  2. Submit Supporting Documents: This includes discharge papers (e.g., DD214) to demonstrate honorable service.
  3. Meet Basic Requirements: These include being a lawful permanent resident and demonstrating good moral character.

Expedited Naturalization Process

Overview of the Expedited Process

Under Section 328 of the INA, military personnel can apply for naturalization with reduced requirements:

  • Eligibility: Must have served honorably for at least one year during peacetime or any time during periods of hostility.
  • Processing Time: The application process is expedited, allowing quicker access to citizenship compared to civilian applicants.

Key Advantages

The expedited process offers several advantages:

  • Reduced Documentation: Veterans may use their discharge papers instead of needing a certified Form N-426.
  • No Residency Requirement: They can apply from anywhere in the world without needing to be physically present in the U.S.

Special Provisions for Wartime Service Members

Service members who served during designated periods of hostility (e.g., post-9/11) have additional benefits:

  • Immediate Eligibility: Any length of service during these periods qualifies them for expedited naturalization under Section 329.
  • Posthumous Citizenship: Service members who die in active duty during these times may be granted citizenship posthumously.

Steps for Applying for Naturalization in the Military

  1. Determine Eligibility: Confirm that you meet the requirements under INA Sections 328 or 329.
  2. Complete Form N-400: Indicate military service on the application.
  3. Gather Required Documents:
    • Discharge papers (DD214).
    • Form N-426 if applicable (not needed for veterans).
  4. Submit Application: File online or through your chain of command if stationed overseas.

Required Documents

Essential documents include:

  • Military records proving honorable service.
  • Personal identification (e.g., passport).
  • Any additional documentation requested by USCIS.

Naturalization Process for National Guard and Reserve Members

National Guard and Reserve members also have unique pathways to citizenship:

  • They can apply under the same provisions as active-duty members but must show proof of their service.
  • Eligibility includes having served honorably and meeting basic residency and moral character requirements.

Naturalization Interview and Test

During the naturalization interview:

  • Service members may be exempt from civics and English language tests based on their military status.
  • A military recruiter or legal advisor can assist with preparation and documentation.

Applying While Deployed

Service members deployed overseas can still apply for naturalization by following these steps:

  1. File Form N-400 with a cover letter requesting overseas processing.
  2. Use Military Resources: Contact the Military Help Line if assistance is needed.

Naturalization for Military Family Members

Spouses and children of service members are also eligible for expedited naturalization:

  • They can benefit from their family member’s service, often applying concurrently with the service member’s application.
  • The process is similar but may require additional documentation related to family ties.

Impact of Discharge Status on Naturalization

Discharge status significantly affects eligibility:

  • An honorable discharge is typically required; however, recent clarifications allow some flexibility regarding uncharacterized discharges.
  • If a service member is discharged before completing the process, they must file within six months to retain eligibility under military provisions

FAQs

Are relatives of service members eligible for naturalization?

Yes, the spouses and children of U.S. military service members may apply for naturalization. If the service member has been or will be stationed abroad for a year or more, their spouse may be eligible for expedited naturalization and may not need to meet the physical presence or residence requirements.

Can a deceased service member receive posthumous citizenship?

Yes, if a service member served honorably and died as a result of service-related injuries, they may be eligible for posthumous citizenship. The spouse and children of the deceased service member may also qualify for naturalization. To apply, the next of kin must submit Form N-644 within two years of the service member’s death.

Can a service member’s naturalization be revoked?

Yes. If a service member’s citizenship was granted under military service and they were discharged under “Other Than Honorable” conditions before completing 5 years of honorable service, their naturalization could be revoked.

Naturalization After Retirement or Separation from the Military

The naturalization process for military retirees and those who have separated from service presents unique opportunities and considerations. Veterans can apply for U.S. citizenship under special provisions of the Immigration and Nationality Act (INA), which recognize their service and provide expedited pathways to citizenship.

Naturalization Options for Military Retirees

Military retirees and veterans have several options for naturalization:

  • Eligibility: Veterans must have served honorably for at least one year. They can apply regardless of whether they served during peacetime or periods of hostility.
  • Application Timeline: Veterans can apply for naturalization immediately after separation. However, if more than six months pass after discharge, they revert to the standard five-year residency requirement typically applicable to civilians.

Impact of Military Separation on the Naturalization Timeline

Military separation does not hinder the ability to apply for naturalization; however, it does affect certain timelines:

  • Immediate Application: Veterans can file their applications as soon as they receive their discharge documents.
  • Documentation: They must submit Form N-400 along with proof of honorable service, such as a DD Form 214. If they wait longer than six months after separation, they will need to meet the general residency requirements.

Naturalization for Non-Permanent Residents in the Military

Service members who are not permanent residents face different challenges in obtaining citizenship:

  • Temporary Visa Holders: Those in the U.S. on temporary visas must first obtain lawful permanent resident status before applying for naturalization. This typically involves a separate application process.
  • Pathway to Citizenship: Non-permanent residents may seek adjustment of status through military service, but they must meet all general requirements for naturalization once they become permanent residents.

Requirements for Non-Permanent Residents

To qualify for naturalization, non-permanent residents must:

  • Obtain lawful permanent resident status.
  • Meet the basic requirements of good moral character, knowledge of U.S. history and government, and English language proficiency.

Naturalization for Military Members with Criminal Records

Criminal records can complicate the naturalization process:

  • Impact on Applications: Certain convictions may disqualify service members from naturalization or delay their applications.
  • Special Considerations: Service members with past convictions should consult legal assistance to understand how their records may affect their eligibility and how to address these issues during the application process.

Addressing Legal Issues

To navigate potential complications:

  • Legal Assistance: Seek help from military legal offices or civilian immigration attorneys to address any concerns related to criminal records.
  • Documentation: Prepare thorough documentation that explains any legal issues and demonstrates rehabilitation.

How to Navigate Delays or Denials in Military Naturalization

Delays or denials can occur during the naturalization process due to various reasons:

  • Common Reasons for Delays: Incomplete applications, missing documentation, or security checks can lead to delays.
  • Resolving Issues: To improve chances of approval, ensure all forms are complete and all required documents are submitted. Follow up with USCIS if there are unexpected delays.

What to Do If Your Application Is Denied

If an application is denied:

  1. Understand the Reason: Review the denial letter carefully to understand why it was denied.
  2. Appeal Process: Consider filing an appeal or reapplying if circumstances have changed.

Post-Naturalization Rights and Benefits for Service Members

Naturalized U.S. citizens in the military enjoy several rights and benefits:

  • VA Benefits: Access to veterans’ benefits, including healthcare and education assistance.
  • Employment Opportunities: Eligibility for federal employment positions that require U.S. citizenship.
  • Career Advancement: Citizenship can positively impact military careers, including promotions and assignments.

Citizenship for Service Members and Their Children

U.S. citizenship has implications not only for service members but also for their children:

  • Children’s Status: Children born overseas to U.S. service members may automatically acquire citizenship under certain conditions.
  • Naturalization Process for Children: The military naturalization process also applies to children of service members, allowing them to benefit from their parent’s status.

Resources and Support for Military Naturalization Applicants

Numerous resources are available to assist military personnel in navigating the naturalization process:

  • Legal Assistance Offices: JAG offices provide free legal advice on immigration matters.
  • USCIS Resources: The USCIS website offers detailed information on eligibility requirements and application procedures specifically tailored for military members.
  • External Organizations: Various non-profit organizations provide support services aimed at helping veterans with immigration issues.

By following these guidelines, military service members can successfully navigate the naturalization process and achieve U.S. citizenship.

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