US Citizenship for US Armed Forces
If you are a member or veteran of the US Armed Forces you might be eligible to apply for citizenship under special provisions in the Immigration and Nationality Act (INA). These provisions make it easier for military personnel to become US citizens. To qualify for citizenship under these special provisions you typically must serve in one of the following branches: Army, Navy, Marine Corps, Air Force, Coast Guard, National Guard Reserve, and Selected Reserve of the Ready Reserve.
There are general requirements and qualifications that all applicants must meet in order to become US citizens:
There are two sections of the INA governing naturalization of military personnel - Sections 328 and 329. If you meet all of the requirements in either section, you may apply for citizenship under that section.
The one-year of military service does not have to be continuous. USCIS will consider the total of different periods of service, as long as together they amount to one year. You can also fulfill the one-year of military service by combining periods of inactive duty in the reserves with active duty periods. In all cases, you must have served honorably and apply for naturalization while still in the service, or within six months of finishing military services.
USCIS will presume good moral character for all periods of time in which you served honorably in the armed forces. However, you will have to prove good moral character and attachment to the principles of the Constitution for any periods while you were not serving in thee military and the period from discharge until naturalization.
Members of the armed forces are not barred from applying for citizenship even if they are under a final order of deportation or are presently in deportation proceedings.
If you are absent from the US while on active duty with the armed forces, you will not be considered to have disrupted your continuous residence, even if you were outside the country for more than one year. Any military service within 5 years of applying for naturalization will be counted as residence and physical presence whether or not you were a lawful permanent resident during the period. You must be a lawful permanent resident by the time the naturalization application is filed
Anyone serving honorably in the US Armed Forces during one of these an authorized periods can apply for naturalization, whether or not they have been lawfully admitted for permanent residence. You must have enlisted or re-enlisted in the US or a qualifying US territory to be eligible for this benefit. Moreover, the standard requirements of being 18 years old, not having an outstanding order of deportation, and residing and being physically present in the US are not applicable to applicants who have served in the US Armed Forces during these periods. However, you must be able to demonstrate good moral character and attachment to the principles of the US Constitution for one year preceding the filing of your application.
Generally, applicants under both sections will need to complete and submit the following forms:
Please do not take any statement made in this paper, or in these associated pages, documents, comments, answers, e-mail, articles or other communications as legal advice for any individual case or situation. The responses and information are intended for general discussion purposes only. They should not be relied upon for any specific situation. For legal advice specific to your case, please consult an attorney with experience in this area of the law. The professionals at Julie C. Ferguson PA have extensive experience representing people through the naturalization process. We would welcome the opportunity to consult with you about the strategy most appropriate to your case.
There are general requirements and qualifications that all applicants must meet in order to become US citizens:
1) Good moral character
2) Knowledge of the English language
3) Knowledge of US government and history
4) Willingness to take the oath of allegiance to the US constitution
Most applicants also must have continuously resided in the United States as a lawful permanent resident for 5 years (3 years if married to a United States citizen), they must have been physically present in the United States for at least half of that period of time and have resided in the state in which they apply for naturalization for at least three months. However, members of the US armed forces do not need to meet these requirements. 2) Knowledge of the English language
3) Knowledge of US government and history
4) Willingness to take the oath of allegiance to the US constitution
There are two sections of the INA governing naturalization of military personnel - Sections 328 and 329. If you meet all of the requirements in either section, you may apply for citizenship under that section.
Service in Peacetime - Section 328
This section applies to all member currently serving in the US armed forces and those who have been recently discharged from service. To qualify under this section: 1) You must have served honorably for a total of one or more years
2) You must be a lawful permanent resident
3) You must be filing your application for naturalization while still in service or within six months of being discharged
2) You must be a lawful permanent resident
3) You must be filing your application for naturalization while still in service or within six months of being discharged
The one-year of military service does not have to be continuous. USCIS will consider the total of different periods of service, as long as together they amount to one year. You can also fulfill the one-year of military service by combining periods of inactive duty in the reserves with active duty periods. In all cases, you must have served honorably and apply for naturalization while still in the service, or within six months of finishing military services.
USCIS will presume good moral character for all periods of time in which you served honorably in the armed forces. However, you will have to prove good moral character and attachment to the principles of the Constitution for any periods while you were not serving in thee military and the period from discharge until naturalization.
Members of the armed forces are not barred from applying for citizenship even if they are under a final order of deportation or are presently in deportation proceedings.
If you are absent from the US while on active duty with the armed forces, you will not be considered to have disrupted your continuous residence, even if you were outside the country for more than one year. Any military service within 5 years of applying for naturalization will be counted as residence and physical presence whether or not you were a lawful permanent resident during the period. You must be a lawful permanent resident by the time the naturalization application is filed
Service in Wartime - Section 329
You may be eligible to naturalize even if you are not a lawful permanent resident. Section 329 applies to members of the US Armed Forces who currently serve or have served in active-duty status during authorized periods of conflict as outlined in the INA. These periods include: 1) World War I:
2) September 1, 1939 to December 31, 1946 (World War II)
3) June 25, 1950 to July 1, 1955 (Korean War)
4) February 28, 1961 to October 5, 1978 (Vietnam War)
5) August 2, 1990 and April 11, 1991 (Persian Gulf War)
6) October 25, 1983 to November 2, 1983 (US Invasion of Grenada)
7) September 11, 2001 to a date to be determined; or any other period designated by the President.
2) September 1, 1939 to December 31, 1946 (World War II)
3) June 25, 1950 to July 1, 1955 (Korean War)
4) February 28, 1961 to October 5, 1978 (Vietnam War)
5) August 2, 1990 and April 11, 1991 (Persian Gulf War)
6) October 25, 1983 to November 2, 1983 (US Invasion of Grenada)
7) September 11, 2001 to a date to be determined; or any other period designated by the President.
Anyone serving honorably in the US Armed Forces during one of these an authorized periods can apply for naturalization, whether or not they have been lawfully admitted for permanent residence. You must have enlisted or re-enlisted in the US or a qualifying US territory to be eligible for this benefit. Moreover, the standard requirements of being 18 years old, not having an outstanding order of deportation, and residing and being physically present in the US are not applicable to applicants who have served in the US Armed Forces during these periods. However, you must be able to demonstrate good moral character and attachment to the principles of the US Constitution for one year preceding the filing of your application.
Generally, applicants under both sections will need to complete and submit the following forms:
1) N-400, Application for Naturalization
2) N-426, Request for Certification of Military or Naval Service (must be certified by designated point-of-contact) (World War II)
3) G-325A, Biographic Information
2) N-426, Request for Certification of Military or Naval Service (must be certified by designated point-of-contact) (World War II)
3) G-325A, Biographic Information
Spouses of US Citizens Deployed Abroad
If you are married to a US citizen who is a member of the armed forces and your citizen spouse is or will be deployed abroad by the Armed Forces for one year, you may be eligible for expedited naturalization under section 319(b) of the INA.Please do not take any statement made in this paper, or in these associated pages, documents, comments, answers, e-mail, articles or other communications as legal advice for any individual case or situation. The responses and information are intended for general discussion purposes only. They should not be relied upon for any specific situation. For legal advice specific to your case, please consult an attorney with experience in this area of the law. The professionals at Julie C. Ferguson PA have extensive experience representing people through the naturalization process. We would welcome the opportunity to consult with you about the strategy most appropriate to your case.
