Naturalization Through Military Service

Special rules apply to naturalization of foreign nationals who have served in the U.S. armed services or as seamen.

Application Filed While in Armed Services or Within Six Months of Discharge

Three years of total honorable service in the U.S. Armed Forces at any time triggers eligibility for naturalization under INA s. 328(a). The service member must: (1) be lawfully admitted for permanent residence before filing the application; and if separated (2) be honorably discharged from military service (Form N-426).

If these conditions are met, the applicant is not required to prove residence in the United States. There is no physical presence requirement, nor any specified time period for good moral character. Even filing fees are waived.

The applicant may file the N-400 form at any CIS office. The case should be expedited.

These are easy requirements! They make it highly advantageous for an LPR with qualifying honorable military service to seek naturalized U.S. Citizenship while still in service -- but no later than six months after honorable discharge.

Application Filed More Than Six Months after Discharge

Applicants in these circumstances must also be honorably discharged LPR’s. But they must also meet the residency requirements in INA §316(a). That is, they must prove three months’ time in state/district, physical presence for half the full five-year statutory period, and continuous residence during that period.

Note, however, that military service within five years immediately before filing the N-400 application is considered as residence and physical presence within the U.S.

Service During War or Hostilities

The INA provides special naturalization procedures for those who served in the two World Wars, Korea, Vietnam, the Persian Gulf, and the War on Terrorism. The service must have occurred during the dates specified in the INA. Naturalization through service in Grenada is no longer possible.

Not all these applicants are required to be LPR’s or greencard-holders. Some can be aliens (nationals of other countries) or nationals of the United States.

The requirements are: (1) honorable discharge; (2) enlistment, induction or re-enlistment in the U.S., the Panama Canal Zone, American Samoa, or Swains Island. Alternatively, the applicant can be lawfully admitted to the U.S. for permanent residence before the application is filed.

These applicants are exempted from residence in the U.S. and physical presence requirements. No period of time for good moral character is specified. They may present their applications at any USCIS office, and it should be expedited.

Seamen

LPR seamen serving on U.S. vessels, even though not members of the Armed Forces, may count such time honorably served to meet the residence and physical requirements in INA §316(a) during the five-year period before filing their applications.

The vessel must be owed by a USC or U.S. corporation and must be registered under U.S. laws. Vessels owned by wholly-owned subsidiaries of U.S. corporations do not qualify.

The applicant must prove good moral character, attachment to the principles of the Constitution, and favorable disposition towards the happiness of the United States.

A supplemental form N-400B must accompany the normal N-400 Application.

How Can We Help You?

If you are a military serviceperson or seaman still on active duty, print a copy of this page and consult the Legal Assistance Officer at your military base or facility for free legal help. That officer can and should assist you in documenting and preparing the fee-free naturalization application before your separation.

If you are already discharged from active duty and qualify for naturalization based on military service, our firm can assist you both in completing your paperwork for a fixed low lawyer fee (no N-400 application fees) and in securing the expedited naturalization to which you are entitled.

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Please note: The information at this page is general in nature. It does not create an attorney- client relationship. You rely on it at your own risk. We urge you to consult with qualified immigration counsel for help with your own immigration situation.

Copyright 2005-2008 Everett P. Anderson. All rights reserved.