Questions and Answers for Members of the Military
U.S. Citizenship and Immigration Services (USCIS) offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad. USCIS established a military assistance team to ensure that the military community receives quick and secure access to accurate information. Below is a list of answers to frequently asked questions received by our military assistance team.
Q. I am in the military and have official orders to deploy or PCS to an overseas duty station; does my spouse qualify for expedited processing of the Petition to Remove the Conditions of Residence (Form I-751)?
A. If you or your spouse has official military orders to deploy or PCS overseas, you may ask USCIS to expedite the I-751 petition. Call the USCIS Military Help Line at 1-877-247-4645 before you leave the United States to submit your request. The USCIS office with jurisdiction over your place of residence will determine if your case merits expedited processing.
Q. I am stationed abroad serving on active duty in the U.S. armed forces and my spouse has filed an Application for Naturalization (Form N-400). It is possible for my spouse to have his or her interview overseas?
A.Yes, depending on the facts of your spouse’s case, it may be possible for your spouse to have his or her naturalization interview overseas. In fact, certain spouses of members of the U.S. armed forces residing abroad may be eligible to complete the entire naturalization process abroad without traveling to the United States for any part of the process. To be eligible for overseas naturalization, your spouse must be residing overseas with you on official orders and must be eligible for naturalization under either section 316(a) or 319(a) of the Immigration and Nationality Act (INA) at the time of filing the application for naturalization. Section 316(a) is the general naturalization provision and applies to spouses who have been lawful permanent residents for at least five years. Section 319(a) applies to spouses of U.S. citizens who have been lawful permanent residents and married to the U.S. citizen for at least three years. If your spouse is eligible under either of these provisions, and your spouse is residing overseas with you on official orders, your spouse is eligible for overseas processing.
Please see “Requirements for Naturalization Abroad by Spouses of Members of the U.S. Armed Forces” at www.uscis.gov/military for more information.
Q. What is the difference between an Application for Naturalization (Form N-400), filed under section 319(b) compared to 319(e)?
A. The main differences between section 319(b) and 319(e) are the residence/physical presence requirements for naturalization and whether the applicant can complete the naturalization process overseas.
Section 319(b) of the INA does not require any prior period of residence or physical presence in the United States for any Lawful Permanent Resident (LPR) spouse of a U.S. citizen who is: 1) an employee of the U.S. government (including a member of the U.S. armed forces); and 2) stationed or deployed abroad for at least one year. Therefore, an applicant for naturalization who qualifies under this section is eligible for naturalization immediately after becoming a LPR, as opposed to having to wait for a certain amount of time after becoming a LPR to apply for naturalization. However, an application under section 319(b) cannot be processed overseas; the applicant is required to be in the United States for the naturalization interview and oath ceremony. Upon naturalization, the applicant must join the spouse abroad within 30 to 45 days of the oath ceremony.
On the other hand, applicants described in Section 319(e) of the INA can be naturalized overseas but they are also required to be LPRs for a certain amount of time. Section 319(e) is not an independent naturalization provision, which means that the applicant must meet the requirements of either section 316(a) or 319(a) in order benefit from 319(e). Section 316(a) requires that the applicant be an LPR residing in the United States for at least five years before filing the application for naturalization and be physically present in the United States for two and one-half years. Section 319(a) decreases these requirements to three years residence in the U.S. after admission as a LPR and 18 months of physical presence, if the applicant is married to a U.S. citizen, and has been married to that U.S. citizen for at least three years. The benefit of section 319(e) is that it allows the LPR spouse of a service member stationed abroad filing under section 316(a) or 319(a) to count any qualifying time abroad spent with the military member spouse as authorized by official orders as continuous residence and physical presence in the United States. Additionally, these applicants may also elect to have the interview and oath ceremony conducted overseas.
Please see “Requirements for Naturalization Abroad by Spouses of Members of the U.S. Armed Forces” at www.uscis.gov/military for more information
Q. I have filed Form I-751, Petition to Remove Conditions of Residence, on behalf of my spouse and submitted two FD-258 fingerprint cards with the application since we are both currently stationed abroad. Why did I receive an ASC Appointment Notice for my wife?
A. The ASC Appointment Notice is automatically sent to the address on file with USCIS. If your address on file is a stateside address, you will be sent an ASC Appointment Notice. Please change your address with USCIS by visiting www.uscis.gov and clicking on the “Change Your Address with USCIS” link.
Q. Can a Permanent Resident Card be mailed to an APO/FPO or embassy?
A. Yes, USCIS will mail documents such as the Permanent Resident Card to an APO or FPO address.
Q. My wife filed Form I-90, Application to Replace Permanent Resident Card, and has been scheduled for an ASC appointment. Is it possible for USCIS to accept FD-258 fingerprint cards since she is currently overseas?
A. Yes, if you and your spouse are stationed abroad you may submit two properly completed FD-258 fingerprint cards taken by the Military Police, Department of Homeland Security officials or U.S. Embassy or Consulate officials to fulfill the requirements for Form I-90.
Q. Can an expedite request be taken for applications other than for spouses and children of members of the U.S. Armed Forces?
A. Generally, only applications for spouses and children of military members are considered on a case-by-case basis for expedited processing, and only if the military member has official orders to deploy or PCS overseas. However, applications for those other than spouses and children may be considered on a case-by-case basis to determine if USCIS can expedite. Call the National Customer Service Center at 1-800-375-5283 to submit your request. The USCIS office or service center with jurisdiction over your place of residence will determine if the application merits expedited processing.
Q. Does my military dependent need an Application Support Center (ASC) Appointment Notice to visit an Application Support Center if he or she needs to submit biometrics for an application?
A. Yes, your military dependent needs an ASC Appointment Notice to visit an ASC and submit biometrics. After you file the application, if USCIS determines that biometrics are required then the applicant will be automatically scheduled for an appointment and sent an ASC appointment notice.
Q. How do I remove the overseas hold from my wife’s Petition to Remove Conditions of Residence (Form I-751)?
A. To remove an overseas hold, you must first notify USCIS that you have returned to the United States by calling the National Customer Service Center at 1-800-375-5283, or by writing to the service center holding your application. USCIS will remove the overseas hold and contact you regarding the processing of your I-751 petition.
Q. I filed a Petition for Alien Relative (Form I-130) at an overseas USCIS office. How can I find out the status of the application?
A. Overseas processing of immigration benefits depends on the type of application or petition. The military member must work with the installation’s designated USCIS liaison to coordinate the request for processing with the appropriate USCIS office overseas. If the military member is already overseas, contact the overseas USCIS office at the following e-mail addresses:
• For the Rome District, including Iraq, email Rome.Natz@dhs.gov
• For Germany, email USCIS.frankfurt@dhs.gov
• For Japan or South Korea, email CIS-Seoul.Natz@dhs.gov
• For Afghanistan, email USCIS.Afghanistan@dhs.gov
The military member may also telephone the USCIS Military Help Line at 1-877-247-4645 or e-mail militaryinfo.nsc@dhs.gov to request overseas processing. If you filed an Application for Naturalization (Form N-400), the USCIS Nebraska Service Center (NSC) will complete initial processing and then transfer the file to the overseas USCIS office based on your overseas location. The overseas USCIS office will schedule the interview and the naturalization oath ceremony.
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