\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 392 -- SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: PERSONS WHO DIE WHILE SERVING ON ACTIVE DUTY WITH THE UNITED STATES ARMED FORCES DURING CERTAIN PERIODS OF HOSTILITIES \ § Sec. 392.2 Eligibility for posthumous citizenship.
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Sec. 392.2 Eligibility for posthumous citizenship.
General. Any alien or noncitizen national of the United States is eligible for posthumous United States citizenship who:
Served honorably in an active-duty status with the military, air, or naval forces of the United States during World War I, World War II, the Korean Hostilities, the Vietnam Hostilities, or in other periods of military hostilities designated by the President under Executive Order; and,
Died as a result of injury or disease incurred in or aggravated by service in the United States Armed Forces during a period of military hostilities listed in paragraph (a)(1) of this section. Where the person died subsequent to separation from military service, the death must have resulted from an injury or disease that was sustained, acquired, or exacerbated during active-duty service in a qualifying period of military hostilities as specified in this part.
Qualifying enlistment. In conjunction with the qualifying service as described in paragraph (a)(1) of this section, the decedent must have:
Enlisted, reenlisted, or been inducted in the United States, the Canal Zone, American Samoa, or Swains Island;
Been lawfully admitted to the United States for permanent residence, at any time; or,
Enlisted or reenlisted in the United States Army pursuant to the provisions of the Lodge Act. In such case, the decedent shall be considered to have been lawfully admitted to the United States as a permanent resident for purposes of this section, provided he or she:
Entered the United States, its outlying possessions, or the Canal Zone, at some time during the period of army service, pursuant to military orders; and
Was honorably discharged following completion of at least 5 full years of active duty service, even though the active-duty service may not have occurred during a qualifying period of hostilities specified in
of the Act.
Character of military service. Where the character of military service is not certified as honorable by the executive department under which the person served, or where the person was dishonorably discharged or discharged under conditions other than honorable, such service shall not satisfy the requirement of paragraph (a)(1) of this section.
Certification of eligibility.
The executive department under which the decedent served shall determine whether:
The decedent served honorably in an active-duty status;
The separation from such service was under honorable conditions; and,
The decedent died as a result of injury or disease incurred in, or aggravated by active duty service during a qualifying period of military hostilities.
The certification required by section
of the Act to prove military service and service-connected death
must be requested by the applicant on the form designated by USCIS in accordance
with the form instructions. The form will also be used to verify the decedent's place of induction, enlistment or reenlistment.
[Paragraph revised effective 11/28/11;