Naturalization through your military service under Section 328 or 329 of the Immigration and Nationality Act (INA)
You may be eligible for naturalization through your military service under Section 328 or 329 of the Immigration and Nationality Act (INA). The Immigration and Nationality Act under section 329A also provides for naturalization posthumously.
Persons who have honorably served in the U.S. armed forces - U.S. Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard and the Selected Reserve of the Ready Reserve, who have died or have been inured while in active duty during specified periods of military hostilities, may be eligible for posthumous citizenship under section 329A of the INA.
An Application for Posthumous Citizenship, must be filed, within two (2) years of the service members death. Form N-644. If approved, a Certificate of Citizenship will be issued in the name of the deceased veteran establishing posthumously that he or she was a U.S. citizen on the date of his or her death.
General Requirements for Peacetime Naturalization:
Naturalization through One Year of Qualifying Service During “Peacetime”
Persons who have honorably served in the U.S. armed forces at any time may be eligible to apply for naturalization under section 328 of the INA. An applicant for naturalization under Section 328 of the INA must:
- Be 18 or older;
- Have served honorably in the U.S. armed forces for at least 1 year and, if separated from the U.S. armed forces, have been separated honorably;
- Be a permanent resident at the time of examination on the naturalization
Application;
- Be able to read, write, and speak English;
- Have a knowledge of U.S. history and government (civics);
- Be person of good moral character during all relevant periods under the law;
- Have an attachment to the principles of the U.S. Constitution and be well
disposed to the good order and happiness of the U.S. during all relevant periods under the law;
- Have continuously resided in the United States for at least five years and have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application, UNLESS the applicant has filed an application while still in the service or within 6 months of separation. In the latter case, the applicant is not required to meet these residence and physical presence requirements.
Naturalization through Qualifying Service during Periods of Hostilities
Generally, Persons who have honorably served in the U.S. armed forces for any period of time (even 1 day) during specifically designated periods of hostilities are eligible for naturalization under section 329 of the INA through such military service.
In general, an applicant for naturalization under INA 329 must:
- Have served honorably in active-duty status, or as a member of the Selected Reserve of the Ready Reserve, for any amount of time during a designated period of hostilities and, if separated from the U.S. armed forces, have been separated honorably
- Have been lawfully admitted as a permanent resident at any time after enlistment or induction, OR have been physically present in the United States or certain territories at the time of enlistment or induction (regardless of whether the applicant was admitted as a permanent resident)
- Be able to read, write, and speak basic English
- Have a knowledge of U.S. history and government (civics)
- Have been a person of good moral character during all relevant periods under the law
- Have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law
There is no minimum age requirement for an applicant under this section. The designated periods of hostilities are:
- April 6, 1917 to November 11, 1918
- September 1, 1939 to December 31, 1946
- June 25, 1950 to July 1, 1955
- February 28, 1961 to October 15, 1978
- August 2, 1990 to April 11, 1991
- September 11, 2001 until the present
The current designated period of hostilities starting on September 11, 2001, will terminate when the President issues an Executive Order terminating the period.
Note: current members of the U.S. armed forces who qualify for naturalization under sections 328 or 329 of the INA can proceed with their naturalization application either in the United States or overseas.
Application Processing
Service members are not charged filing or biometrics fees. Service members should complete the applications stated below to apply for naturalization:
- Form N-400, Application for Naturalization
- Form N-426, Request for Certification of Military or Naval Service (establishes periods of honorable service certified by the military)
Note: Every military installation should have a designated point-of-contact (POC) to handle your application and certify your Request for Certification of Military or Naval Service (Form N-426). Inquire through your chain of command to find out who this person is in order that they can assist you with your application packet.
The designated POC may assist you with the following:
- Certification of Form N-426
- Information about fingerprinting and how to comply with the fingerprinting requirement
- Submitting the N-400 package to the Nebraska Service Center (NSC) at the following address.
The Nebraska Service Center
PO Box 87426
Lincoln, NE 68501-7426
Once your application is received, the NSC will review the application and send it to the USCIS office closest to your location. If you have a preference as to where you would like to be interviewed, you may provide that information in a cover letter attached to your naturalization packet.
The USCIS office will set a date to interview you to determine your eligibility for naturalization. If your application for naturalization is approved, USCIS will inform you of the date you can take the oath of allegiance.
I you are seeking legal presentation for you immigration matter, please contact the Law Offices of Yanez & Associates @ 714-971-8000
