Service Members need to file Form N-400 for U.S. Citizenship.

Service members are US Citizens now after filing Form N-400!

 

The Immigration and Nationality Act (INA) under Section 328 or 329 through the naturalization process members and certain veterans of the US armed forces are eligible to become U.S. citizens. In addition under section 329 A INA provides for posthumous naturalization.

General Requirements

Service members include military service in U.S. army, Navy, Air force, Marine Corps, Coast Guard and National Guard and Selected Reserve of the Ready Reserve certain components. The qualifying member gets a waiver when compared to the general requirements.

Peacetime Naturalization through service

Under section 328 of the INA person who have served in the U.S. armed forces honorably at any time are eligible to apply INS forms for naturalization and referred to as “peacetime naturalization”.

Following are the criteria to apply under this category:

  • Age should be 18 years and above
  • At least for one year served in the U.S. armed forces honorably and also parted honorably.
  • On the naturalization application at the time of application should be a permanent resident
  • English basic knowledge to read, write, and speak
  • Possess knowledge about U.S. history and government
  • During all relevant periods under the law should be a person with a good moral character and also have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S.
  • In U.S. should have resided for at least five years and physically present at least, immediately preceding the date of filing the application, 30 months out of the 5 years. Residence and physical presence requirement need not be met if applicant has filed while in service or just 6 months before partly from service.

Naturalization through Qualifying Service

Honorable service of even one day in the U.S. armed forces during designated period of hostilities makes the member eligible under section 329 of the INA through such military service for naturalization. Such members should meet the following requirements:

  • Member should have served honorably for any amount of time during a designated period of hostilities in active-duty status or as a member of the Selected Reserve of the Ready Reserve and also parted from honorably
  • At any time after induction or recruitment member should have been lawfully admitted as a permanent resident or should have been physically present in U.S. at least
  • English basic knowledge to read, write, and speak
  • Possess knowledge about U.S. history and government
  • During all relevant periods under the law should be a person with a good moral character and also have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S

There is no minimum age requirement for an applicant under this section. The designated periods of hostilities are:

  • April 6, 1917 to November 11, 1918
  • September 1, 1939 to December 31, 1946
  • June 25, 1950 to July 1, 1955
  • February 28, 1961 to October 15, 1978
  • August 2, 1990 to April 11, 1991
  • September 11, 2001 until the present until President issues an Executive Order terminating the period.

Naturalization Application Processing  

No filing or biometrics fees for service members. They should complete the Application for Naturalization Form N-400 and Form N-426 request for Certification of military or naval service which shows the period of honorable service certified by military.

A designated point of contract present at every military installation handles the Form-400 application and Form N-426. Information of the POC, who helps with the application packet, can be got from your chain of command. POC assists you with the Certification of INS forms N-426, fingerprinting information and how to comply with the fingerprinting requirement and also Form N-400 submission at the following address:

The Nebraska Service Center
PO Box 87426
Lincoln, NE 68501-7426

The NSC will review the application after receipt and send it to the USCIS office closest to your location. You may provide the information about your preferred place for interview in a cover letter attached to your naturalization packet. Interview date to determine your eligibility for naturalization will be set by USCIS. Subsequently USCIS will inform you of the date you can take the oath of allegiance if your application for naturalization is approved.

Posthumous Citizenship for Military Members

Under section 329 A of INA  individuals who served honorably in the U.S. armed forces and who died as a result of injury or disease incurred while serving in an active duty status during specified periods of military hostilities, as listed above, may be eligible for posthumous citizenship. Application for Posthumous Citizenship INS Forms N-644 must be filed within 2 years of death on behalf of the deceased service member and after approval in the name of the deceased veteran establishing posthumously that he or she was a U.S. citizen on the date of his or her death a Certificate of Citizenship will be issued.

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