12 USCIS-PM I.5
This section provides relevant information for applying for naturalization on the basis of military service.[1] Service members should file their applications in accordance with the instructions for the Application for Naturalization (Form N-400) and other required forms.
An alien service member filing for naturalization based on 1 year of honorable military service during peacetime[2] or honorable service during a designated period of hostility[3] must complete and submit all of the following to USCIS:
The alien should check the appropriate eligibility option on the Application for Naturalization to indicate the alien is applying on the basis of qualifying military service. The alien should file the application in accordance with the form instructions.
An alien who is serving or who has previously served, must have his or her service certified as honorable by his or her military branch. The alien 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, a Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or another official discharge document for all periods of service.[4]
USCIS Review
If an alien filing under a different eligibility provision for naturalization has served in the military, the officer should determine if the alien may be eligible under a qualifying military basis. If the alien may be eligible based on the military service, the officer should provide the applicant with the opportunity to seek naturalization on that basis.
If the alien would like to seek naturalization based on their military service but is ultimately determined not to be eligible on that basis, the officer must consider the alien’s eligibility under the original filing basis before issuing a decision. Regardless of the filing basis, USCIS must conduct a Defense Clearance Investigative Index (DCII) query on all aliens applying for naturalization, who currently serve or have served in the U.S. military.[5]
Request for Certification of Military or Naval Service (Form N-426)
Form N-426 confirms whether the alien is serving honorably in an active duty status or in the Selected Reserve of the Ready Reserve. The form may also record whether the alien has ever obtained a discharge or exemption from military service from the U.S. armed forces on the ground that the applicant is an alien. Only aliens who are currently serving and who are applying under INA 328 or INA 329 are required to submit the form. An alien applying under a different naturalization provision is not required to submit the form, even if the alien has prior military service.
The military must complete and certify (sign) the Form N-426 before it is submitted to USCIS. A military official who is authorized under U.S. Department of War (DOW) policy to certify the Form N-426 must certify that the service member is currently serving honorably. Recruiters cannot certify Form N-426. A certifying official must complete and sign the Form N-426 no more than 6 months before the applicant submits the Form N-400 to USCIS, except in cases where the applicant enlisted in the Selected Reserve of the Ready Reserve through the Military Accessions Vital to National Interest (MAVNI) program before October 13, 2017.[6]
An alien who is separated or discharged from the military at the time of filing Form N-400 is not required to submit Form N-426.
Discharge Documents
Aliens who are separated or discharged from the military must submit a photocopy of their 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 for all periods of service.[7] The discharge document must list information on the type of separation and character of service. Such information is typically found on page “Member-4” of DD Form 214 or Block 24 of NGB Form 22.
Aliens who are class members of Calixto, et al., v. U.S. Dep’t of the Army, et al.[8] and are applying for military naturalization with a certified Form N-426 they obtained through the settlement agreement[9] may include a copy of the settlement agreement with their certified Form N-426 and Form N-400 and annotate "Calixto" at the top of both forms.[10]
Most military installations have a designated military point-of-contact to assist service members with their naturalization application packets. Alien service members should inquire through their chain of command for the appropriate office to assist with preparing the naturalization packet.
Like all USCIS benefit requests, naturalization applications filed on the basis of military service should be filed in accordance with the form instructions.[13] For current members of the military and qualifying family members stationed outside of the United States, USCIS determines which field office has jurisdiction over the application.[14]
If an alien resides outside the United States, is no longer serving in the military, and is filing on the basis of military service during hostilities,[15] the USCIS office with jurisdiction over the naturalization application is determined by the alien’s last residence within the United States or Outlying Possession (OLP).[16]
An alien service member currently serving outside of the United States may complete all aspects of the naturalization process, including biometrics, interviews, and oath ceremonies while residing outside of the United States on official orders.[17] The alien service member may request overseas processing at any time of the naturalization process.
[^ 1] See INA 328 and INA 329.
[^ 4] For aliens applying under INA 328, qualifying service in the National Guard is limited to service in the National Guard during such time that the National Guard unit was federally recognized as a reserve component of the U.S. armed forces.
[^ 5] See Part I, Military Members and their Families, Chapter 6, Required Background Checks [12 USCIS-PM I.6].
[^ 6] See Nio, et al. v. United States Department of Homeland Security, et al., Civil Action No. 17-0998 (D.D.C. 2019).
[^ 7] For aliens applying under INA 328, qualifying service in the National Guard is limited to service in the National Guard during such time that the National Guard unit was federally recognized as a reserve component of the U.S. armed forces.
[^ 8] See Calixto, et al., v. U.S. Dep’t of the Army, et al., 1:18-cv-01551 (D.D.C. Sep. 22, 2022).
[^ 9] See Chapter 3, Military Service During Hostilities (INA 329), Section H, Military Accessions Vital to National Interest Program [12 USCIS-PM 3.H].
[^ 10] For aliens filing online, annotate "Calixto" only on top of Form N-426. Including this will assist USCIS in identifying class members and allow for more efficient processing.
[^ 11] See Fee Schedule (Form G-1055).
[^ 12] See Fee Schedule (Form G-1055).
[^ 13] See INA 328 and INA 329.
[^ 14] See the Overseas Processing webpage for additional information on where to file.
[^ 16] For aliens whose last residence was in an OLP, see the USCIS Field Office Locator to determine jurisdiction. For more information, see Chapter 3, Military Service during Hostilities (INA 329), Section I, Veterans Residing Outside of the United States [12 USCIS-PM I.3(I)]. See 8 U.S.C. 1443a.
[^ 17] See 8 U.S.C. 1443a.