12 USCIS-PM I.2
The Nationality Act of 1940 section 324 introduced most of the provisions currently under the Immigration and Nationality Act (INA) section 328 for alien military service members.
A person who has served honorably in the U.S. armed forces for one year at any time may be eligible to apply for naturalization, which is sometimes referred to as “peacetime naturalization.”[1] While some of the general naturalization requirements apply to qualifying alien members or veterans of the U.S. armed forces seeking to naturalize based on one year of service,[2] other requirements may not apply or are reduced.
The alien must establish that he or she meets all of the following criteria in order to qualify:
The specific provisions under INA 328 for alien military service members are only provided for those aliens who “served honorably at any time in the armed forces” and if the alien “was never separated except under honorable conditions.”
Qualifying military service is honorable active or reserve service in the U.S. Army, Navy, Marine Corps, Air Force, Coast Guard, or Space Force. Service in the National Guard may also qualify.[3] Honorable service means only service in the U.S. armed forces that is designated as honorable service by the executive department under which the applicant performed that military service. In general, international cadets attending U.S. military academies are not considered to have served in the U.S. armed forces.[4]
Current Military Service
An alien military service member who applies for naturalization and who is serving in the U.S. armed forces at the time he or she files the naturalization application must have his or her service certified as honorable by his or her military branch. The alien military service member is responsible for submitting to USCIS a complete and certified Request for Certification of Military or Naval Service (Form N-426).[5]
Past Military Service
An alien military service member who is separated from the U.S. armed forces at the time he or she files the naturalization application must submit a copy of his or her official discharge documentation. The U.S. armed forces generally issues a “Certificate of Release or Discharge from Active Duty” (DD Form 214) or National Guard Report of Separation and Record of Service (NGB Form 22) upon the alien military service member’s release from active duty service.
Military discharge characterizations indicate the nature of an alien military service member’s separation and can impact eligibility for naturalization. INA 328 requires both honorable service and, if separated, that the alien has never been separated except under honorable conditions.[6] If the alien has multiple separations from service, each separation must be under honorable conditions, including discharges from periods of service not relied upon for naturalization purposes.[7]
As illustrated in the table below, the U.S. Department of War (DOW) authorizes six characterizations of service for military service members to receive on discharge:[8]
| Service Characterization or Separation Description[9] | Description of Discharge or Separation Type | Qualifies as “Under Honorable Conditions” for Naturalization Purposes? |
|---|---|---|
| Honorable | The service member generally has met the standards of acceptable conduct and performance of duty for service members or is otherwise so meritorious that any other characterization would be inappropriate.[10] | Yes |
| General (Under Honorable Conditions) | The service member has served honestly and faithfully. The positive aspects of the enlisted service member’s conduct or performance of duty outweigh the negative aspects of the enlisted service member’s conduct or performance of duty as documented in their service record.[11] | Yes |
| Uncharacterized | When a characterization of service or other description of separation is not authorized or warranted, administrative separations of service members may be uncharacterized.The service member may receive an uncharacterized discharge under the following circumstances:Entry-level separations;Void enlistment or induction; orDropping from the rolls.[12] | No, if discharge was after August 1, 2024 |
| Other than Honorable Conditions | The service member may be issued this characterization when:The reason for separation is based on a pattern of behavior that constitutes a significant departure from the conduct expected of enlisted service members; orThe reason for separation is based on one or more acts or omissions that constitute a significant departure from the conduct expected of enlisted service members.[13]Examples of factors that may be considered include but are not limited to, the use of force or violence to produce serious bodily injury or death, acts or omissions that endanger U.S. security, or deliberate acts or omissions that seriously endanger the health and safety of others. | No |
| Bad Conduct | This is not issued administratively and is considered a punitive separation and can only occur after a court-martial proceeding. | No |
| Dishonorable | This is not issued administratively and is considered a punitive separation and can only occur after a court-martial proceeding. | No |
As noted in the table, only “Honorable” and “General (Under Honorable Conditions)” discharges meet the statutory provisions requiring that an alien have been separated “under honorable conditions,” because these are the only discharges that indicate honorable service.[14] Other discharge types, such as “Uncharacterized,”[15] “Other Than Honorable,” “Bad Conduct,” and “Dishonorable,” do not qualify as a separation under honorable conditions.
Both “Honorable” and “General (Under Honorable Conditions)” are defined as types of “Characterized” service, and therefore “Uncharacterized”[16] discharges do not meet the “under honorable conditions” requirement. Notwithstanding, uncharacterized discharges issued before August 1, 2024, meet the “under honorable conditions” requirement, because the Department of Defense Instructions (DODI) had treated an uncharacterized discharge as “the required characterization” for “administrative matters” before August 1, 2024.[17] The then-U.S. Department of Defense (DOD) updated the DODI on August 1, 2024,[18] and removed the language regarding an uncharacterized discharge being treated as “the required characterization” for administrative matters and addressed entry-level separations as a distinct and separate category of discharges apart from honorable and general (under honorable conditions) discharges. Therefore, only uncharacterized discharges issued on or before July 31, 2024, qualify as “under honorable conditions” for naturalization purposes. This is consistent with the updated DODI.
Discharges Based on Refusal to Comply with COVID-19 Vaccination Mandates
On August 24, 2021, and November 30, 2021, the then-Secretary of Defense mandated that members of the U.S. armed forces be vaccinated against the coronavirus disease (COVID-19). Consequently, military service members who refused to comply with the mandates were discharged from active duty. The then-Secretary of Defense later rescinded the mandates on January 10, 2023, and rendered all DOD component policies, directives, and guidance implementing those vaccination mandates as no longer in effect.[19] Under DOD policy announced on January 10, 2023, DOD permits individuals who separated or were discharged from the military to request a change in the "characterization of their discharge" in their personnel records.[20]
For the purposes of meeting eligibility for naturalization under INA 328, USCIS reviews the Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or other official discharge document to determine if the qualifying military service was both honorable service and that the alien has been separated under honorable conditions.[21] An alien who believes his or her discharge was incorrectly characterized due to refusal to comply with the COVID-19 vaccination requirements may seek an upgrade to his or her discharge characterization through their respective military departments before applying for naturalization.[22]
Aliens who have multiple periods of service must demonstrate that all discharges from military service were under honorable conditions. Therefore, an alien who was separated under a different type of discharge from any other period of service that is not under honorable conditions is not eligible for naturalization under INA 328.
For example, an alien may have enlisted in October 1980 and served honorably on active duty for one entire period of service until 1984. The alien is honorably discharged and then reenlists for a second period of service starting in 1986 and ending in 1987. During the second period of service (1986-1987), the alien is discharged under “other than honorable conditions.” This alien is not eligible to naturalize under INA 328.
Honorable service as a member of the National Guard is limited to service in a National Guard Unit during such time as the unit is federally recognized as a reserve component of the U.S. armed forces. This applies to aliens applying for naturalization on the basis of one year of military service.[23] The alien military service member is responsible for submitting to USCIS a complete and certified Request for Certification of Military or Naval Service (Form N-426) (if currently serving), or if not currently serving, National Guard Report of Separation and Record of Service (NGB Form 22) or other official discharge document for all periods of service.
An alien who files on the basis of one year of military service while he or she is still serving in the U.S. armed forces or within six months of an honorable discharge is exempt from the residence and physical presence requirements for naturalization.[24]
An alien who files six months or more from his or her separation from the U.S. armed forces must have continuously resided in the United States for at least five years. In addition, the alien must have been physically present in the United States for at least 30 months out of the five years immediately preceding the date of filing the application.[25] However, any honorable service within the five years immediately preceding the date of filing the application will be considered towards residence and physical presence within the United States.[26]
An alien with military service who does not qualify on the basis of one year of military service[27] may be eligible under another non-military naturalization provision. The period that the alien has resided outside of the United States on official military orders does not break his or her continuous residence. USCIS will treat such time abroad as time in the United States.[28]
[^ 2] See INA 316(a) for the general naturalization requirements. See Part D, General Naturalization Requirements [12 USCIS-PM D].
[^ 3] See Section D, National Guard Service [12 USCIS-PM I.2(D)].
[^ 4] In general, a military academy cadet who is a U.S. citizen or national is considered to be serving in the U.S. armed forces, but international cadets attending U.S. military academies are not considered as having served in the U.S. armed forces. This is because international cadets, sponsored by their home country, are generally considered to be serving in their home country’s military and are obligated to serve in their home country upon graduation.
[^ 5] See Chapter 5, Application and Filing for Service Members (INA 328 and 329) [12 USCIS-PM I.5] for additional information about Form N-426.
[^ 6] See INA 328(a).
[^ 7] See INA 328(a) and INA 328(b)(3).
[^ 8] See Certificate of Uniformed Service (DD Form 214/5 Series) (PDF), U.S. Department of Defense Instruction No. 1336.01, Section 3, effective February 17, 2022.
[^ 9] Also known as “discharge.” See 32 CFR 73.2 (The characterization of a discharge or dismissal is a determination reflecting a Service member's conduct and performance of duty while in military service during a specific period of military service. Administrative discharges can be characterized as honorable, general (under honorable conditions), other than honorable conditions, or can be described as uncharacterized (as in an entry-level separation). If a discharge is adjudged at a court-martial, the assigned characterization may be a bad-conduct discharge, or dishonorable discharge, or a dismissal. The term characterization of a discharge or dismissal is also referred to as a “character of discharge” or “character of service.”).
[^ 10] See Enlisted Administrative Separations (PDF), U.S. Department of Defense Instruction No. 1332.14, Section 4.3, effective August 1, 2024.
[^ 11] See Enlisted Administrative Separations (PDF), U.S. Department of Defense Instruction No. 1332.14, Section 4.3, effective August 1, 2024.
[^ 12] See Enlisted Administrative Separations (PDF), U.S. Department of Defense Instruction No. 1332.14, Section 4.3, effective August 1, 2024.
[^ 13] See Enlisted Administrative Separations (PDF), U.S. Department of Defense Instruction No. 1332.14, Section 4.3, effective August 1, 2024.
[^ 14] See Enlisted Administrative Separations (PDF), U.S. Department of Defense Instruction No. 1332.14, Section 3, effective August 1, 2024.
[^ 15] See Enlisted Administration Separations, (PDF) U.S. Department of Defense Instruction No. 1332.14, Section 3, effective August 1, 2024.
[^ 16] See Enlisted Administration Separations, (PDF) U.S. Department of Defense Instruction No. 1332.14, Section 3, effective August 1, 2024.
[^ 17] See Alam v. USCIS, et al.,592 F.Supp.3d 810 (D. Minn. March 21, 2022) (indicating that the DODI indicated that the uncharacterized discharged is “treated as the required characterization”).
[^ 18] See Enlisted Administration Separations, (PDF) U.S. Department of Defense Instruction No. 1332.14, Section 3, effective August 1, 2024.
[^ 19] See Department of Defense memorandum, Recission of August 24, 2021 and November 30, 2021 Coronavirus Disease 2019 Vaccination Requirements for Members of Armed Forces (PDF), issued January 10, 2023.
[^ 20] See Department of Defense News Release, Veterans Have Options to Upgrade Discharge Characterization, issued June 4, 2024.
[^ 21] See INA 328(a).
[^ 22] See Department of Defense News Release, Veterans Have Options to Upgrade Discharge Characterization, issued June 4, 2024.
[^ 23] See INA 328. The National Guard and Reserve service requirements under INA 329 differ from those under INA 328. See Chapter 3, Military Service during Hostilities (INA 329), Section D, National Guard Service [12 USCIS-PM I.3(D)].
[^ 24] See INA 328. See 8 CFR 328.2.
[^ 25] See INA 316(a) and INA 328(d). See Part D, General Naturalization Requirements [12 USCIS-PM D].
[^ 26] See INA 328(d).
[^ 28] Special provisions also exist regarding the “place of residence” for aliens who are serving in the U.S. armed forces but who do not qualify for naturalization through the military provisions. See 8 CFR 316.5(b). See Part D, General Naturalization Requirements, Chapter 6, Jurisdiction, Place of Residence, and Early Filing [12 USCIS-PM D.6].