A. Purpose

Alien military service members and certain veterans who have served honorably^[1] in the U.S. armed forces may qualify for naturalization with some statutory exemptions to the general requirements in recognition of their important sacrifices and commitment to the security of the United States. The requirement for honorable service is what frames the special provisions for military service aside from the general requirements for other naturalization applicants.

The U.S. Department of War (DOW) and Department of Homeland Security (DHS) have continued to strengthen partnerships to provide services and opportunities to service members interacting with the U.S. immigration system. USCIS and DOW collaborate to facilitate military naturalization, with DOW providing certifications^[2] of service and USCIS processing applications. Military naturalization is integral to supporting the readiness of the United States to defend itself.

USCIS’ administration of military naturalization law and policy greatly enhances United States national security by ensuring that service members and their family members going through the process are primarily focused on the military readiness of the service member and preparations for family members during times of peace and hostilities.

Congress enacted special provisions of the Immigration and Nationality Act (INA), to include overseas processing,^[3] to facilitate naturalization for members of the U.S. armed forces.^[4]

There are general requirements and qualifications that an alien service member and former service member applying for naturalization must meet in order to become a U.S. citizen. These general requirements include:

1. Honorable service in the U.S. armed forces, and if separated, separation “under honorable conditions;”
2. Good Moral Character (GMC);
3. Residence and physical presence in the U.S.;
4. Knowledge of the English language;
5. ​Knowledge of U.S. government and history; and
6. Attachment to the principles of the U.S. Constitution.

The periods of residence and physical presence in the United States normally required for naturalization may not apply to military members and certain military family members. In addition, qualifying children of military members may not need to be present in the United States to acquire citizenship. Finally, qualifying members of the military and their family members may be able to complete the entire process from overseas.

Certain military family members may be eligible to become citizens of the United States^[5] with special provisions. The INA carves out these special provisions for the treatment and care of spouses and children based on the sacrifices they make as military family members.^[6]

Military members and their families may call the Military Help Line for assistance: 1-877-CIS-4MIL (1-877-247-4645).

B. Background

Special naturalization provisions for alien members of the U.S. armed forces date back at least to the Civil War.^[7] Currently, the special naturalization provisions provide for expedited naturalization through military service during peacetime^[8] or during designated periods of hostilities.^[9] In addition, some provisions benefit certain relatives of members of the U.S. armed forces.

As of March 6, 1990, citizenship may be granted posthumously to alien service members who died as a direct result of a combat-related injury or disease.^[10] Before this legislation, posthumous citizenship could only be granted through the enactment of private legislation for specific individuals.

Congress and the President have continued to express interest in legislation to expand the citizenship benefits of aliens serving in the military since the events of September 11, 2001. Legislation to benefit alien service members and their family members has increased considerably since 2003.

1. Executive Order Designating Period since September 11, 2001 as a Period of Hostility

On July 3, 2002, then President, George W. Bush, officially designated by Executive Order the period beginning on September 11, 2001 as a “period of hostilities.” The Executive Order triggered immediate naturalization eligibility for qualifying service members.^[11]

At the time of the designation, the then-U.S. Department of Defense and legacy INS announced that they would work together to ensure that military naturalization applications would be processed expeditiously. USCIS adjudication procedures for military naturalization applications reflect that commitment.

2. Legislation Affecting Service Period, Overseas Naturalization, and Benefits for Relatives

On November 24, 2003, Congress enacted legislation^[12] to:

1. Reduce the period of service required for military naturalization based on peacetime service from three years to one year.^[13]
2. Add service in the Selected Reserve of the Ready Reserve during periods of hostilities as a basis to qualify for naturalization.^[14]
3. Expand the immigration benefits available to the spouses, children, and parents of U.S. citizens who die from injuries or illnesses resulting from or aggravated by serving in combat. These benefits extend to such relatives of alien service members who were granted citizenship posthumously.
4. Waive fees for naturalization applications based on military service during peacetime or during periods of hostilities.^[15]
5. Permit naturalization processing overseas in U.S. embassies, consulates, and military bases for alien members of the U.S. armed forces.^[16]

Efforts since the 2003 legislation have focused on further streamlining procedures or extending immigration benefits to immediate relatives of alien service members.

3. Legislation Affecting Residence, Physical Presence, and Naturalization while Abroad for Spouses and Children

On January 28, 2008, Congress amended existing statutes to allow residence abroad to qualify as “continuous residence” and “physical presence” in the United States for a spouse or child of a service member who is authorized to accompany the service member by official orders and is residing abroad with the service member.^[17]

Under certain conditions, a spouse or child of a service member may count any period of time that he or she is residing (or has resided) abroad with the service member as residence and physical presence in the United States. This legislation also prescribes that such a spouse or child may be eligible to have any or all of their naturalization proceedings conducted abroad. Before this legislation, the law only permitted eligible service members to participate in naturalization proceedings abroad.

1. INA 284(b) limits the circumstances under which the lawful permanent resident (LPR) spouse or child is considered to be seeking admission to the United States. This means that the spouse or child will not be deemed to have abandoned or relinquished his or her LPR status while residing abroad with the service member. The provision ensures reentry into the United States by LPR spouses and children whose presence abroad might otherwise be deemed as abandonment of LPR status.
2. INA 319(e) allows certain LPR spouses to count any qualifying time abroad as continuous residence and physical presence in the United States and permits eligible spouses to naturalize overseas.
3. INA 322(d) allows the U.S. citizen parent of a child filing for naturalization to count time abroad as physical presence and allows the child to naturalize overseas.

4. Fingerprint Requirement (Kendell Frederick Citizenship Assistance Act)

On June 26, 2008, Congress mandated that USCIS use enlistment fingerprints or previously submitted USCIS fingerprints to satisfy the naturalization background check requirements unless a more efficient method is available.^[18]

5. Expedited Application Processing (Military Personnel Citizenship Processing Act)

On October 9, 2008, Congress amended existing statutes to mandate USCIS to process and adjudicate naturalization applications filed under certain military-related provisions within six months of the receipt date or provide the applicant with an explanation for why his or her application is still pending and an estimated adjudication completion date.^[19]

C. Legal Authorities

1. INA 319; 8 CFR 319 – Spouses of U.S. Citizens
2. INA 322; 8 CFR 322 – Children born outside of the United States
3. INA 328; 8 CFR 328 – Naturalization through peacetime military service for one year
4. INA 329; 8 CFR 329 – Naturalization through military Service during hostilities
5. INA 329A; 8 CFR 392 – Posthumous citizenship
6. 8 U.S.C. 1443a – Overseas naturalization for service members and their qualifying spouses and children

Footnotes

[^ 1] See INA 328(a) and INA 329(a).

[^ 2] For more information on required forms to confirm honorable service during peacetime or honorable service during a designated period of hostility, see Chapter 5, Application and Filing for Service Members, Section A, Required Forms (INA 328 and 329) [12 USCIS-PM I.5(A)].

[^ 3] See 8 U.S.C. 1443a.

[^ 4] See INA 328 and INA 329. See 8 CFR 328 and 8 CFR 329.

[^ 5] The “United States” means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. See INA 101(a)(38).

[^ 6] See INA 316 and INA 319. See 8 CFR 316 and 8 CFR 319. See INA 320 and INA 322.

[^ 7] See Appendix: History of Acquiring Citizenship under INA 320 for Children of U.S. Citizens who are Members of the U.S. Armed Forces, U.S. Government Employees, or their Spouses [12 USCIS-PM I.1, Appendices Tab] for a table listing legislation affecting military members and their families.

[^ 8] See Chapter 2, One Year of Military Service during Peacetime (INA 328) [12 USCIS-PM I.2].

[^ 9] See Chapter 3, Military Service during Hostilities (INA 329) [12 USCIS-PM I.3].

[^ 10] See INA 329A. See the Posthumous Citizenship for Active-Duty Service Act of 1989, Pub. L. 101-249 (PDF), 104 Stat. 94. Posthumous citizenship under INA 329A was not initiated until 2004 through subsequent legislation, thereby providing substantive benefits to survivors (the amendments were retroactive to 2001). See the National Defense Authorization Act for Fiscal Year 2004, Pub. L. 108-136 (PDF), 117 Stat. 1392.

[^ 11] See Executive Order 13269 signed on July 3, 2002 (67 FR 45287, July 8, 2002) (PDF). See INA 329.

[^ 12] See the National Defense Authorization Act for Fiscal Year 2004, Pub. L. 108-136 (PDF), 117 Stat. 1392.

[^ 13] See INA 328(a).

[^ 14] See INA 329(a).

[^ 15] See INA 328(b) and INA 329(b) (Fee exemptions).

[^ 16] See 8 U.S.C. 1443a (Permitting overseas proceedings).

[^ 17] See the National Defense Authorization Act for Fiscal Year 2008, Pub. L. 110-181 (PDF), 122 Stat. 3, which amended INA 284, INA 319, and INA 322.

[^ 18] See Chapter 6, Required Background Checks [12 USCIS-PM I.6]. See the Kendell Frederick Citizenship Assistance Act of 2008, Pub. L. 110-251 (PDF), 122 Stat. 2319.

[^ 19] This legislation affects naturalization applications under INA 328(a), INA 329(a), INA 329A, INA 329(b), and surviving spouses and children who qualify under INA 319(b), or INA 319(d). See the Military Personnel Citizenship Processing Act of 2008, Pub. L. 110-382 (PDF), 122 Stat. 4087.