File INS Forms for posthumous US citizenship and honor the martyr!

 

An alien or non-citizen national of the United States who dies due to injury or disease suffered during active duty with the US Armed forces during particular period of military warfare is granted US citizenship under the amended Public law 101-249.  A certificate of citizenship is issued as a result if the Form N-644 is approved in the name of the departed veteran.  As a result it establishes that the decedent is a US citizen as of the date of her/his death.

An honorary status glorifying the martyrs and heroism of the veteran is this posthumous citizenship.  Under the section 319(d) of the INA this certificate allows succeeding family members to apply for benefits or remain categorized as immediate relatives for getting lawful permanent residence.

When and who may file INS forms N-644?

The filing of the application must be done within two years after the decedent’s date of death. It can be filed by one with the relationship to the decedent as spouse, parent, children or sibling. As a representative of the decedent in case you are manager or organizer of the decedent’s estate also you may apply. Also if you are custodian, conservator or board of decedent’s next of kin you are a representative of the decedent and can apply for US citizenship for him/her. In case you are from a service organization which the department of veteran affairs recognizes or the secretary of defense or the designee of the secretary with USCIS following a request from next of kin you are considered a representative of the decedent and hence eligible to file Form N-644.

Eligibility requirements to file

The decedent who qualifies for posthumous citizenship must be an alien or non-citizen national of US and meet one of the following requirements:

  1. Served in an active duty status honorably in the US military, air or naval forces during one of the following:
  • World War I between April 06 1917 and November 11 1918
  • World War II between September 1 1939 and December 31 1946
  • Korean hostilities between June 25 1950 and July 1 1955
  • Vietnam hostilities between February 28 1961 and October 15 1978
  • Persian Gulf conflict between August 2 1990 and April 11 1991
  • Iraq hostilities from September 11 2001 till its fully terminated by an executive order of the US President
  • Any other succeeding period of military hostility for naturalization purposes benefits nominated by the executive order of the President
  • Under the Lodge Act of June 30, 1950, any decedent who died after a period of 5 years of enlisting or reenlisting in the US army.
  • Enlisted, reenlisted or instated in the US, Panama Canal zone, American Samoa or Swain’s Island
  • Admitted as lawful permanent resident at any time to the US
  • Iraq hostilities participant and entered US, Panama Canal zone, American Samoa or Swain’s Island pursuant to military orders sometime during service period.
  1. Died due to injury or disease suffered and intensified due to the service.
  2. Enlistment necessities met in one of the following:

Documents required for filing INS forms N-644                       

  1. Applicant other than the eligible persons who can apply Form N-644, as explained above; require endorsement from next to kin living in the order of succession.
  2. If you’re applying as a sister of the decedent you need endorsement from other living relatives above like the spouse, parent or child. In the form of an affidavit declaring the applicant’s name, address and relationship to the decedent and authorizing the applicant on behalf of the decedent to apply for US citizenship posthumously an endorsement is required as evidence. A translated English copy is required if affidavit is not in English.
  3. Certified copy of letter of appointment as manager or as organizer of decedent’s estate or as custodian, conservator or board of the next to kin of the decedent is required if you’re the applicant of Form N-644.
  4. As a decedent of any other succeeding period of military hostility for naturalization purposes benefits nominated by the executive order of the President applicant must submit an evidence of acknowledgment of his/her organization by the Department of Veterans Affairs.

Decedent’s service and death documentation

A legible photocopy of each of the following required to facilitate recognition of the decedent’s military service and death connected to service by the executive departments:

  • Certificate of release or discharge from active duty, Form DD 214
  • Report of casualty/military death certificate, Form DD 1300
  • Death certificate issued by any other military or state

A translated English copy is required if any of the documents are not in English. The certification process will be delayed if any of these documents are not submitted but may not result in automatic denial of application.

Where to file INS forms N-644?

The form must be submitted to the following address:

USCIS California Service Center

P.O. Box 10360

Laguna Niguel, CA 92607

For this application no filing fee is collected. Any changes in the address must be informed to the USCIS. Once the application is submitted it would be checked for completeness and correct support documents and evidences the decision would be notified in writing. No interview is involved is application is approved but if applicant stays outside US he/she may be required to appear at the closest embassy or consulate to sign for the citizenship certificate.

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