Naturalization for US military members

Being a member of the US military is such a noble and proud calling. It requires one's commitment to serve in unparalleled sense of duty even to the point of laying down one's life for the sake of the country. A grateful nation can only give so much in return for such valor to the brave men and women in uniform along with their families who are also part of their sacrifices. It’s no coincidence the USCIS implemented laws and regulations that positively benefit military members and their families, one of which is the attainment of US naturalization.

If a service member meets all the requirements of either section 328 or 329 of the INA, he may apply for naturalization by filing Form N-400, Application for Naturalization without paying any fees. As a current or former member of the US military, certain other naturalization requirements may not be applicable such as when serving honorably during a designated period of hostilities, one may not have to reside in or be physically present in the US for any length of time before applying for naturalization.

If one served honorably in the US armed forces for at least one year at any time, he may be eligible to apply for naturalization. While some general naturalization requirements apply under INA 328, other requirements may not apply or are reduced. To establish eligibility under INA 328, he must: be 18 or older; have served honorably at any time in the US armed forces for a period or periods totaling at least one year; submitted a completed Form N-426, Request for Certification of Military or Naval Service, at the time of filing N-400, if currently serving, or a photocopy of DD Form 214, Certificate of Release or Discharge from Active Duty, NGB Form 22, National Guard Report of Separation and Record of Service, or other official discharge document for all periods of service if not currently serving. He must also demonstrate that if separated from service, he was separated under honorable conditions. He must be a lawful permanent resident at the time of naturalization interview; meet certain residence and physical presence requirements; demonstrate the ability to read, write and speak English, unless qualified for a waiver or exception; demonstrates knowledge of US history and government, unless excepted; demonstrate good moral character for at least five years before filing N-400 through the day of naturalization and demonstrates an attachment to the principles of the US Constitution and be well disposed to the good order and happiness of the US during all relevant periods under the law, unless waived.

If one is currently serving or previously served honorably in the US armed forces during a designated period of hostilities, he may be eligible to apply for naturalization. There are designated periods of hostilities that one must take note of as these are specific dates. One must have served honorably during these periods of hostilities. Aside from requirements of good moral character, English and civics proficiency, and lawful permanent residency, it’s also good to point out that an applicant who files on the basis of military service during hostilities is exempt from the general naturalization requirements of continuous residence and physical presence.

Many military installations have a designated USCIS liaison who helps with the naturalization application process to make it faster and easier. Those who formerly served can also apply.

Individuals who served honorably in the US armed forces during a specified period of military hostilities and died as a result of injury or disease incurred in or aggravated by that service may be eligible for posthumous citizenship. The surviving family member must file Form N-644, Application for Posthumous Citizenship on behalf of the deceased service member within two years of their death. Upon approving the application, USCIS will issue a Certificate of Citizenship in the name of the deceased service member establishing posthumously that they were a US citizen on the date they died.

There are also other benefits that members of the military and their families can avail of. We will cover those in future columns.