Tag Archives: Navy

Update and Guidance on Naturalizations for U.S. Service Members

Just earlier this month, USCIS issued some internal guidance on the Naturalization of service members of the U.S. Armed Forces.  The special naturalization provisions are essentially governed by the National Defense Authorization Act for Fiscal Year 2008.

These amendments provide certain immigration benefits for any qualifying spouse or child of a member of the Armed Forces. Primarily, the amendments loosen the requirements of “continuous residence” and “physical presence” in the United States where a spouse or child of a member of the Armed
Forces is involved, accompanying and residing with the service member.

Under certain conditions, a spouse or child may count time residing 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 for overseas proceedings relating to naturalization, as previously only permitted for an eligible member of the Armed Forces.

In general, “continuous residence” concerns the maintenance of the applicant’s residence in the United States over a period of time required by a statute, where “residence” is determined by the applicant’s principal actual dwelling place in the United States.

“Physical presence” refers to the number of days the person must physically be in the United States.  Unless specifically exempt, an applicant for naturalization must generally satisfy both “continuous residence” and “physical presence” requirements and must have resided in the State or USCIS district having jurisdiction over his or her place of residence for a minimum of 90 days preceding the filing of the application.

In the context of this Act, the required period of continuous residence within the United States is reduced from five years to three years and accordingly the required period of physical presence is reduced from 30 months to 18 months for any LPR who is the spouse of a U.S.  citizen.

There is no requirement of any prior period of residence or specified period of physical presence within the United States for any LPR spouse of a U.S. citizen who is an employee of the United States Government (including a member of the Armed Forces) or recognized nonprofit organization who is stationed abroad in such employment for at least one year.

Essentially, this Act, extends naturalization benefits available to Service Members to their dependents, including spouses and children.

Application for U.S. Citizenship by Service Members of the U.S. Armed Forces

Members and certain veterans of the U.S. armed forces are eligible to apply for United States citizenship under special provisions of the Immigration and Nationality Act (INA). In addition, USCIS has streamlined the application and naturalization process for military personnel serving on active-duty or recently discharged. Generally, qualifying service is in one of the following branches: Army, Navy, Air Force, Marine Corps, Coast Guard, certain reserve components of the National Guard and the Selected Reserve of the Ready Reserve.

A member of the U.S. Armed Forces must meet certain requirements and qualifications to become a citizen of the United States. This includes demonstrating:

• Good moral character;
• Knowledge of the English language;
• Knowledge of U.S. government and history (civics); and
• Attachment to the United States by taking an Oath of Allegiance to the U.S. Constitution.

Qualified members of the U.S. Armed Forces are exempt from other naturalization requirements, including residency and physical presence in the United States. These exceptions are listed in Sections 328 and 329 of the INA.

An individual who obtains U.S. citizenship through his or her military service and separates from the military under “other than honorable conditions” before completing five years of honorable service may have his or her citizenship revoked.

Service in Wartime
All immigrants who have served honorably on active duty in the U.S. Armed Forces or as a member of the Selected Ready Reserve on or after September 11, 2001 are eligible to file for immediate citizenship under the special wartime provisions in Section 329 of the INA. This section also covers
veterans of designated past wars and conflicts.

Service in Peacetime
Section 328 of the INA applies to all members of the U.S. Armed Forces or those already discharged from service. An individual may qualify for naturalization if he or she has:

• Served honorably for at least one year.
• Obtained lawful permanent resident status.
• Filed an application while still in the service or within six months of separation.

Posthumous Benefits
Section 329A of the INA provides for grants of posthumous citizenship to certain members of the U.S. Armed Forces. Other provisions of law extend benefits to surviving spouses, children, and parents.

• A member of the U.S. Armed Forces who served honorably during a designated period of hostilities and dies as a result of injury or disease incurred in, or aggravated by, that service (including death in combat) may receive posthumous citizenship.

• The service member’s next of kin, the Secretary of Defense, or the Secretary’s designee in USCIS must make this request for posthumous citizenship within two years of the service member’s death.

• Under section 319(d) of the INA, a spouse, child, or parent of a U.S. citizen who dies while serving honorably in active-duty status in the U.S. Armed Forces, can file for naturalization if the family member meets naturalization requirements other than residency and physical presence.

• For other immigration purposes, a surviving spouse (unless he or she remarries), child, or parent of a member of the U.S. Armed Forces who served honorably on active duty and died as a result of combat, and was a citizen at the time of death (including a posthumous grant of citizenship) is considered an immediate relative for two years after death and may file a petition for classification
as an immediate relative during such period. A surviving parent may file a petition even if the deceased service member had not reached age 21.

How to Apply
All aspects of the naturalization process, including applications, interviews and ceremonies are available overseas to members of the U.S. Armed Forces. Members of the U.S. Armed Forces are not charged a fee to file USCIS Form N-400, Application for Naturalization. Every military installation has a designated point-of-contact to assist with filing the military naturalization application packet.

Once complete, the package is sent to the USCIS Nebraska Service Center for expedited processing. That package will include:

• Application for Naturalization (USCIS Form N-400)
• Request for Certification of Military or Naval Service (USCIS Form N-426)
• Biographic Information (USCIS Form G-325B)