Call Us Today: 202-787-1944


Immigration News
Changes in immigration that impact your life.

Home  >  Immigration News  >  News Archive  >  USCIS  >  News Article

News Jump: 


INA's special provisions make citizenship easier for Qualified US Military Personnel
ARTICLE TOOLS
Print This Article
Discuss This Topic
Create News Alerts
Members of the U.S. Armed Forces may apply for citizenship under special provisions of the Immigration and Nationality Act (INA). Generally, that includes service in one of the following branches of the U.S. Military:
  • Army,

  • Navy,

  • Air Force,

  • Marine Corps,

  • Coast Guard,

  • Certain Reserve components of the National Guard, and

  • Selected Reserve of the Ready Reserve.
Recent changes in sections 328 and 329 of the INA make it easier for qualified military personnel to become U.S. citizens. In addition, U.S. Citizenship and Immigration Services (USCIS) has created a streamlined process specifically for military personnel serving on active-duty status or recently discharged. As of October 1, 2004, members of the U.S. Armed Forces do not pay a fee when filing for citizenship.

Qualifications

A military service member must meet certain requirements and qualifications to become a U.S. citizen. These include:
  • Demonstrating good moral character;

  • Demonstrating knowledge of the English language;

  • Demonstrating knowledge of U.S. government and history (civics); and

  • Demonstrating attachment to the U.S. by taking an oath of allegiance to the U.S. Constitution.
Military service members are exempt from other naturalization requirements outlined in the INA as amended by the National Defense Authorization Act for Fiscal Year 2004.

National Defense Authorization Act for Fiscal Year 2004
  • On November 24, 2003, President Bush signed the National Defense Authorization Act for Fiscal Year 2004. Title XVII (Naturalization and Other Immigration Benefits for Military Personnel and Families) of that Act contains five sections that pertain to naturalization requirements and benefits for members of the U.S. Armed Forces.
Section 1701, Requirements for naturalization through service in the United States Armed Forces
  • A service member needs only to serve one year of active duty service to qualify for citizenship. Before this change, the requirement was three years.

  • A service member filing an application for citizenship is not charged a fee.

  • A service member dishonorably discharged prior to completing five years of service may have his/her citizenship revoked.

  • The Secretaries of Homeland Security, State and Defense will ensure that all aspects of the naturalization process, including: citizenship applications, interviews, oaths, and ceremonies are made available overseas through U.S. embassies, consulates, and U.S. military installations.
Section 1702, Naturalization benefits for members of the Selected Reserve of the Ready Reserve
  • In addition to service members on active duty, members of the Selected Reserve of the Ready Reserve are also eligible for naturalization benefits.
Section 1703, Extension of posthumous benefits to surviving spouses, children, and parents
  • An alien spouse, child, or parent of a U.S. citizen service member of the U.S. Armed Forces who dies in combat or as a result of combat can file for citizenship within two years of that service member’s death. For immigration purposes, the applicant will remain an immediate relative of the deceased service member. This status would be revoked should the spouse remarry.
Section 1704, Expedited process for granting posthumous citizenship to members of the armed services
  • A service member who dies in combat or as a result of combat may receive posthumous citizenship.

  • The service member’s next of kin, the Secretary of Defense, or the Secretary’s designee with USCIS may make this request on behalf of the service member.

  • A request for posthumous citizenship must be made within two years of the service member’s death or within two years of the enactment of this section of the law.
Section 1705, Effective date
  • The amendments made by these provisions take effect as if enacted on September 11, 2001.
Expedited Naturalization Executive Order

On July 3, 2002, President Bush signed the “Expedited Naturalization Executive Order” calling for the expedited naturalization of aliens and non-citizens serving on active duty in the U.S. Armed Forces during the War on Terrorism. The Executive Order permits active duty personnel serving on or after September 11, 2001 to immediately file for citizenship. Normally, a military service member would have to complete one-year of honorable service before qualifying to file for citizenship. Section 329 of the Immigration and Nationality Act authorizes the President to waive this requirement during periods of military hostilities.

How to Apply

Every military installation has a designated point-of-contact to handle military naturalization applications. Military service members should use this contact to help file a complete naturalization application packet.

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

Posthumous Benefits

The INA allows for the awarding of posthumous citizenship to active-duty military personnel who die while serving in the U.S. Armed Forces. In addition, surviving family members seeking immigration benefits are given special consideration. To learn more, contact your military point-of-contact or the local district USCIS office.

Statistics

Since President George W. Bush signed the Expedited Naturalization Executive Order on July 3, 2002, USCIS has naturalized more than 32,000 service members.

In October 2004, USCIS began hosting the first overseas military naturalization ceremonies since the Korean War. During this time, USCIS personnel have naturalized more than 3,600 Soldiers, Sailors Airmen and Marines during ceremonies in Afghanistan, Djibouti, Germany, Greece, Iceland, Iraq, Italy, Japan, Kenya, Kuwait, South Korea, Spain, the United Kingdom and in the Pacific aboard the USS Kitty Hawk.

USCIS has granted posthumous citizenship to 93 service members stemming from the War on Terror.

USCIS welcomes nearly 700,000 citizens each year during naturalization ceremonies across the United States. That number includes nearly 7,000 members of the armed forces who naturalize both in the U.S. and abroad through an expedited process stemming from their military service.


ARTICLE TOOLS
Print This Article
Discuss This Topic
Create News Alerts



MORE USCIS STORIES:
USCIS Announces Fee Increases for First Time in Six Years
USCIS Publishes New Form I-131A, Application for Travel Document (Carrier Documentation)
Change In Filing Address For Certain H-1B and H-1B1 Petitions
FY 2017 H1B Cap Update: USCIS Returns Petitions Not Selected in the H1B Lottery
More >>

TOP STORIES:
New Final Rule Regarding I-140 Priority Date Retention, Portability, and Issuance of EAD to Certain Individuals Published
USCIS Announces Fee Increases for First Time in Six Years
EB-5 Regional Center Program Extended Through December 9, 2016
USCIS Publishes New Form I-131A, Application for Travel Document (Carrier Documentation)
More >>

News Jump: 

U.S. Immigration Attorney - Consult Now!

IMMIGRATION CENTER
Immigration Services
  Fast, Easy and Economical Avoid Costly Immigration Errors!
Immigration Guide
 Know Your U.S. Immigration Options
Immigration Law FAQ
 Detailed Answers to Your Immigration Questions
Immigration Articles
  Interesting and Useful Articles on a Variety of Relevant Topics

How can we help you?
NEWSLETTER - FREE!
Receive latest immigration updates and free legal tips by e-mail. Sign up now!
IMMIGRATION DICTIONARY
Legal terms explained in plain English!
RELATED ARTICLES
H1B Address Change of Work Locations: When Do You Have To File H1B Amended Petitions?
H1B Visa Lottery 2016: Improving Your Odds of Success
H1B Visa Cap 2016: Things You Must Know
Filing H1B Cap 2017 Petitions:How To Get A Head Start With VisaPro’s H1B Visa 2017 Timeline
H1B Cap Exempt Employers: How Do You Find Out If You Qualify?
H-1B Cap Has Reached:How Do You Hire H-1B Cap Exempt Candidates?
2017 H1B Cap Petitions:How To Properly File With USCIS
H1B Cap Exempt – Are You Eligible?
5 Common H1B Cap 2017 Filing Mistakes - How to Avoid Them
H1B Cap 2017 Filing Secrets: Why You Should Plan Now?
More Articles...

CONSULT ATTORNEY
Get a detailed, written opinion online in less than 3 business days from a licensed immigration attorney.
Experienced Immigration Attorneys - Consult Online or By Telephone

YOUR SUBSCRIPTIONS
Alerts & Newsletter
Create and Manage your
e-mail alerts for FREE.
RSS