Chapter 3 - Military Service during Hostilities (INA 329)

A. General Eligibility through Military Service during Hostilities

Members of the U.S. armed forces who serve honorably for any period of time during specifically designated periods of hostilities may be eligible to naturalize.^[1]

The applicant must establish that he or she meets all of the following criteria in order to qualify:

The applicant may be of any age.
The applicant must have served honorably in the U.S. armed forces during a designated period of hostility.
The applicant must either be a lawful permanent resident (LPR) or have been physically present at the time of enlistment, reenlistment, or extension of service or induction into the U.S. armed forces:
- In the United States,^[2] the Canal Zone, American Samoa, or Swains Island, or
- On board a public vessel owned or operated by the United States for noncommercial service.
The applicant must be able to read, write, and speak basic English.
The applicant must demonstrate knowledge of U.S. history and government.
The applicant must demonstrate good moral character for at least 1 year prior to filing the application until the time of his or her naturalization.
The applicant must have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the United States during all relevant periods under the law.

An applicant who files on the basis of military service during hostilities is exempt from the general naturalization requirements of continuous residence and physical presence.^[3]

As with all cases, all pertinent background checks, including applicable U.S. Department of Defense (DOD) checks (if required)^[4] must be completed before USCIS may interview the naturalization applicant.

B. Honorable Service

1. Qualifying Military Service

Qualifying military service is honorable service in the Selected Reserve of the Ready Reserve or active duty service in the U.S. Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard. Service in a National Guard Unit may also qualify.^[5]

Honorable service means service in the U.S. armed forces that is designated as honorable service by the executive department under which the applicant performed that military service.

INA 329 requires both honorable service and, if the applicant has separated from service, a separation under honorable conditions.^[6] “Honorable,” “General-Under Honorable Conditions,” and "Uncharacterized"^[7] discharge types qualify as a separation under honorable conditions for immigration purposes. Other discharge types, such as “Other Than Honorable,” “Bad Conduct,” and “Dishonorable,” do not qualify as a separation under honorable conditions.

2. Multiple Periods of Service

Applicants who have multiple periods of service must demonstrate that they have at least one qualifying period of service to establish eligibility under INA 329. A qualifying period of service is a period of service during which the applicant served honorably as a member of the Selected Reserve of the Ready Reserve or on active duty in the U.S. armed forces during a designated period of hostilities, and if separated, was separated under honorable conditions.

Therefore, an applicant who was separated under honorable conditions from a qualifying period of service may be eligible for naturalization under INA 329 even if the applicant received a different type of discharge from any other period of service, including during a designated period of hostilities.

For example, an applicant may have enlisted in October 1975, and served honorably on active duty for one entire period of service until 1978. The applicant is honorably discharged and immediately reenlists for a second period of service for 2 more years starting in 1978 and ending in 1980. During the second period of service (1978-1980), the applicant is discharged under “other than honorable conditions.” This applicant, if able to demonstrate good moral character and meet all other naturalization requirements, is eligible to naturalize under INA 329 based on the first qualifying period of service (1975-1978).

Similarly, an applicant who was previously separated with a discharge type that was not under honorable conditions, but subsequently reenlisted or was reinstated to service, may qualify for naturalization based upon the subsequent qualifying period of service if the executive department under which the applicant performed the subsequent period of service certifies that the applicant served honorably and, if separated, was separated under honorable conditions.

3. Certification by Executive Department

The executive department provides its certification on the Request for Certification of Military or Naval Service (Form N-426) and, in the case of an applicant who has separated from service, on the Certificate of Release or Discharge from Active Duty (DD Form 214), Report of Separation and Record of Service (NGB Form 22), or other official discharge document.

C. National Guard Service

An applicant filing on the basis of military service during hostilities^[8] who has National Guard service may qualify if he or she has honorable service in either the U.S. armed forces or in the Selected Reserve of the Ready Reserve.^[9] USCIS does not require proof of federal activation for a National Guard applicant if the applicant served in the Selected Reserve of the Ready Reserve during a designated period of hostility.^[10]

D. Designated Periods of Hostilities

The Immigration and Nationality Act (INA) and Presidential Executive Orders have designated the following military engagements and ranges of dates as periods of hostilities.^[11]

Designated Periods of Hostilities
World War I^[12]	April 6, 1917	→	November 11, 1918
World War II^[13]	September 1, 1939	→	December 31, 1946
Korean Conflict^[14]	June 25, 1950	→	July 1, 1955
Vietnam Hostilities^[15]	February 28, 1961	→	October 15, 1978
Persian Gulf Conflict^[16]	August 2, 1990	→	April 11, 1991
War on Terrorism^[17]	September 11, 2001	→	Present

On July 3, 2002, President George W. Bush issued Executive Order 13269, which has designated a period of hostilities and has permitted the expedited naturalization for noncitizens eligible under INA 329 as of September 11, 2001. The current designated period continues to be a designated period of hostilities for INA 329 purposes until the President issues a new Executive Order terminating the designation.^[18]

E. Eligibility as Permanent Resident or if Present in United States at Induction or Enlistment

In general, an applicant who files on the basis of military service during hostilities^[19] is not required to be an LPR if he or she was physically present at the time of induction, enlistment, reenlistment, or extension of service in the U.S. armed forces:

In the United States, the Canal Zone, American Samoa, or Swains Island; or
On board a public vessel owned or operated by the United States for noncommercial service.

In addition, an applicant who is lawfully admitted for permanent residence after enlistment or induction is also eligible for naturalization under this provision regardless of the place of enlistment or induction.

F. Conditional Permanent Residence and Naturalization during Hostilities

If the applicant is a conditional permanent resident and is eligible to naturalize on the basis of military service during hostilities^[20] without being an LPR based on being in the United States during enlistment or induction, the applicant is not required to file or have an approved Petition to Remove Conditions on Residence (Form I-751) before his or her Application for Naturalization (Form N-400) may be approved.

G. Department of Defense Military Accessions Vital to National Interest Program

The general guidance in this section is from information provided by the Department of Defense (DOD) on its Military Accessions Vital to National Interest (MAVNI) program. USCIS is providing this general information in the Policy Manual to assist potential service members and their families.^[21]

1. Military Accessions Vital to National Interest Program

In 2009, DOD authorized the MAVNI pilot program as a recruitment tool to enlist certain nonimmigrants and other noncitizens who have skills that are considered vital to the national interest of the United States.^[22] The program applies to certain health care professionals and noncitizens who are fluent in certain foreign languages.^[23]

A noncitizen entering active duty status or service in the Selected Reserve of the Ready Reserve may apply for military naturalization after the noncitizen’s Request for Certification of Military or Naval Service (Form N-426) has been properly authorized, completed, and signed by the appropriate person authorized by DOD.^[24] USCIS is unable to adjudicate a naturalization application without a properly submitted N-426.

2. General Eligibility Requirements

Eligible Candidates

To be eligible for the MAVNI program, the DOD requires applicants to be in one of the following immigration categories or authorized stays at the time of enlistment into the U.S. armed forces:

Asylee;
Refugee;
Beneficiary of Temporary Protected Status (TPS);
Person granted deferred action by USCIS under the Deferred Action for Childhood Arrivals (DACA) policy; or
Nonimmigrant in any of the following categories: E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V.

Valid Status for 2 Years

The DOD requires most applicants for MAVNI to have been in a valid status in one of the eligible immigration categories or authorized stays listed above for at least 2 years immediately preceding the date of enlistment. The applicant is not required to be in the same qualifying category or authorized stay listed above for those 2 years on the date of enlistment.

The DOD may exempt or waive the 2-year requirement for certain applicants. Specifically, the DOD does not require DACA recipients to meet the 2-year requirement. In addition, the DOD will consider waiving the requirement that an applicant to the MAVNI program be in valid immigration status or within a period of authorized stay at the time of enlistment on a case-by-case basis under certain circumstances.^[25]

3. Other Factors to Consider

Nonimmigrants and Absences from United States

Under DOD guidance, most applicants to the MAVNI program under a qualifying nonimmigrant category at the time of enlistment must not have been absent from the United States for more than 90 days during the 2-year period immediately preceding the date of enlistment.^[26] The DOD does not apply this 90-day limitation on absences to DACA recipients.

Foreign Residency Requirement

A nonimmigrant exchange visitor under the J nonimmigrant visa classification may be eligible to apply for the MAVNI program with the DOD. Certain nonimmigrant exchange visitors are subject to a statutory foreign residence requirement.^[27] J exchange visitors who enlist in the military through the MAVNI program are not required to comply with the foreign residence requirement in order to naturalize.^[28] In addition, the dependent spouse or child of the exchange visitor is not required to comply with the foreign residence requirement.^[29]

Adjustment of Status Applicants

The DOD does not disqualify otherwise eligible applicants to the MAVNI program by virtue of having a pending adjustment of status application with USCIS.^[30]

H. Veterans Residing Outside the United States

Admission or Parole into United States for Naturalization Interview

Applicants who reside outside the United States and have separated from the military are required to appear for an interview in the United States.^[31] All noncitizens must be inspected and admitted or paroled in order to enter the United States.^[32]

If seeking parole into the United States, the applicant may file the naturalization application concurrently with an Application for Travel Document (Form I-131) without a fee to seek an advance parole document for a humanitarian or significant public benefit parole before entering the United States, if necessary.^[33] USCIS coordinates with the applicant to schedule an interview date and location.

Documentation

An applicant who is concurrently seeking naturalization and an advance parole document must provide all the required documentation to establish eligibility for naturalization with Application for Naturalization (Form N-400),^[34] including a police clearance from every place of residence outside the United States within 1 year of filing the naturalization application. In addition, the applicant is required to provide documentation to establish eligibility for an advance parole document with Form I-131, including submitting an Affidavit of Support (Form I-134).^[35]

USCIS will inform the applicant if they need to submit biometrics in connection with the naturalization application at an authorized site such as a U.S. embassy, U.S. consulate, or U.S. military installation.

In addition, the applicant submitting Form I-131^[36] is required to provide documentation to establish eligibility for an advance parole document.

Land Port of Entry

At its discretion, USCIS may coordinate with U.S. Customs and Border Protection (CBP) to facilitate a naturalization interview at a land port of entry, if necessary. USCIS notifies and coordinates with the applicant to schedule an appointment and process the naturalization application. If the application is approved, the applicant may be administered the Oath of Allegiance at the port of entry unless a court has exclusive authority to administer the oath.^[37]

Failure to Appear at Interview

USCIS considers the applicant to have abandoned his or her application and administratively closes the application in cases where the applicant:

Fails to appear at his or her scheduled naturalization interview at a port of entry; and
Fails to notify USCIS of the reason for nonappearance within 30 days of the scheduled interview.

USCIS considers subsequent correspondence from an applicant within 1 year of the administrative closure a request to reopen the application.^[38]

Jurisdiction

The USCIS office having jurisdiction over the applicant’s last residence within the United States or Outlying Possession (OLP) maintains jurisdiction over the naturalization application.^[39] If there is no evidence in the application to establish the applicant’s last place of residence in the United States or OLP, the field office should review the service record for the address of record at the time of departure.

If the applicant requests to have the naturalization interview conducted at a USCIS office other than the office having jurisdiction based on the applicant’s last residence, or at a port of entry, the office having jurisdiction may coordinate, if practicable, with the appropriate office to accommodate the request. Even if such a request for an interview is approved, the original office retains jurisdiction over the adjudication of the naturalization application. If USCIS determines that the applicant will be interviewed at a port of entry, the office retaining jurisdiction may elect to travel to the port of entry to conduct the interview or coordinate with the field office closest to the port of entry to conduct the interview.

Footnotes

[^ 1] See INA 329.

[^ 2] Includes the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. See INA 101(a)(38).

[^ 3] See INA 329(b). See 8 CFR 329.2(e).

[^ 4] Including Defense Clearance Investigation Index (DCII) queries. See Chapter 6, Required Background Checks [12 USCIS-PM I.6] for information on background checks and fingerprint requirements for applicants applying for naturalization based on military service. Additionally, in certain cases involving applicants recruited through the Military Accessions Vital to the National Interest (MAVNI) program, USCIS requires DOD background and security checks to be completed and reviews any derogatory information DOD obtained regarding an applicant. USCIS does not require any DOD adjudication of the applicant’s suitability for military service, including a Military Service Suitability Recommendation or a Military Service Suitability Determination, to be complete before interviewing or beginning adjudication of a naturalization application, and the outcome of any such DOD adjudication does not determine the outcome of the naturalization adjudication.

[^ 5] See Section C, National Guard Service [12 USCIS-PM I.3(C)].

[^ 6] See INA 329(a). See 8 CFR 329.2(a). See 8 CFR 329.2(b).

[^ 7] See Enlisted Administration Separations (PDF), U.S. Department of Defense Instruction No. 1332.14, Enclosure 4, Section 3(c)(1)(c), signed January 27, 2014 (effective Sept 1, 2021) (“With respect to administrative matters outside this instruction that require a characterization as honorable or general, an entry-level separation will be treated as the required characterization.”). See Alam v. USCIS, et al., __ F.Supp.3d __ (D.Minn. Mar. 21, 2022).

[^ 8] See INA 329.

[^ 9] See 8 CFR 329.1. See 10 U.S.C. 10143 for more information on the Selected Reserve of the Ready Reserve.

[^ 10] The National Guard and Reserve service requirements under INA 329 differ from those under INA 328. See Chapter 2, One Year of Military Service during Peacetime (INA 328), Section C, National Guard Service [12 USCIS-PM I.2(C)].

[^ 11] See 8 CFR 329.1 and 8 CFR 329.2.

[^ 12] See 8 CFR 329.1 and 8 CFR 329.2. Declared by Joint Resolution of Congress of April 6, 1917 (40 Stat. 429, Ch. 1) and Joint Resolution of Congress, December 7, 1917 (40 Stat. 429, Ch. 1). Armistice signed, November 11, 1918.

[^ 13] See 8 CFR 329.2. See Proclamation No. 2714, Cessation of Hostilities of World War II, 61 Stat. 1048 (December 31, 1946).

[^ 14] See 8 CFR 329.2.

[^ 15] See 8 CFR 329.2. See Exec. Order No. 12081, Termination of Expeditious Naturalization Based on Military Service, 43 FR 42237 (September 18, 1978).

[^ 16] See 8 CFR 329.2. See Exec. Order No. 12939, Expedited Naturalization of Aliens and Noncitizen Nationals Who Served in an Active-Duty Status During the Persian Gulf Conflict, 59 FR 61231 (November 22, 1994).

[^ 17] See 8 CFR 329.2. See Exec. Order No. 13269, Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism, 67 FR 45287 (July 3, 2002).

[^ 18] See 8 CFR 329.2. See Exec. Order No. 13269, Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism, 67 FR 45287 (July 3, 2002).

[^ 19] See INA 329.

[^ 20] See INA 329.

[^ 21] For further information and details of the DOD program, see the DOD MAVNI Fact Sheet (PDF) or contact the DOD.

[^ 22] The Secretary of Defense authorized the pilot program. See the DOD MAVNI Fact Sheet (PDF).

[^ 23] See sections on health care professionals and eligible languages in the DOD MAVNI Fact Sheet (PDF).

[^ 24] MAVNI enlistees should speak with their commanding officers for additional information regarding the circumstances under which the military departments will sign and certify the Form N-426.

[^ 25] See section on eligibility in the DOD MAVNI Fact Sheet (PDF).

[^ 26] See section on eligibility in the DOD MAVNI Fact Sheet (PDF).

[^ 27] See INA 212(e).

[^ 28] The J exchange visitor is not required to obtain a waiver of the INA 212(e) foreign residence requirement. See INA 329.

[^ 29] A J-1 exchange visitor’s dependent spouse or child is issued a J-2 nonimmigrant visa.

[^ 30] See Form I-485, Application to Register Permanent Residence or Adjust Status. See section on eligibility in the DOD MAVNI Fact Sheet (PDF).

[^ 31] USCIS does not have statutory authority to conduct naturalization interviews and oath ceremonies overseas for those veterans who reside outside of the United States. See INA 104(a), which grants U.S. Department of State (DOS) authority to determine the nationality of a person who is outside the United States. See 8 U.S.C. 1443a, which authorizes USCIS to conduct naturalization interviews and oath ceremonies for current members of the U.S. armed forces outside of the United States, but does not extend to veterans.

[^ 32] See INA 235(a)(3). A noncitizen may qualify for parole under INA 212(d)(5).

[^ 33] Both the Form N-400 and Form I-131 are fee exempt for current and former service members. In some cases, such as where an applicant has been deported or removed from the United States, U.S. Immigration and Customs Enforcement (ICE) has jurisdiction over the request for an advance parole document. In those cases, USCIS will send Form I-131 to ICE for adjudication.

[^ 34] See Chapter 5, Application and Filing for Service Members (INA 328 and 329), Section A, Required Forms [12 USCIS-PM 5.A].

[^ 35] See Form I-131, Application for Travel Document and Form I-134, Affidavit of Support. See also Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States.

[^ 36]See Form I-131, Application for Travel Document and Form I-134, Affidavit of Support. See also Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States.

[^ 37] See Part J, Oath of Allegiance, Chapter 6, Judicial and Expedited Oath Ceremonies [12 USCIS-PM J.6] for more information about courts exercising exclusive authority to administer the oath. In some cases, the court may refer the applicant to USCIS for an expedited oath ceremony and relinquish exclusive jurisdiction as to that applicant. If that occurs, USCIS may administer the Oath of Allegiance at the port of entry even if the port of entry is located in an area where the court generally has exclusive authority to administer the oath.

[^ 38] See 8 CFR 335.6.

[^ 39] See INA 329. USCIS should not apply the 3- or 5-year residency requirement if the applicant served during a designated period of hostilities.

Resources

8 CFR 316.5(b)(6) - Residence for certain spouses of military personnel

8 CFR 316.6 - Physical presence for certain spouses of military personnel

8 U.S.C. 1443a - Overseas naturalization for service members and their qualifying spouses and children

INA 101(f) - Definition of good moral character

INA 312, 8 CFR 312 - Educational requirements for naturalization

INA 316, 8 CFR 316 - General requirements for naturalization

INA 329, 8 CFR 329 - Naturalization through military service during hostilities

INA 332, 8 CFR 332 - Naturalization administration, executive functions

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

N-400, Application for Naturalization

N-426, Request for Certification of Military or Naval Service

Appendices

Before October 29, 2019, USCIS considered children of members of the U.S. armed forces or U.S. government employees, who were stationed outside of the United States, to meet the requirement of “is residing in” the United States for the purpose of acquiring citizenship under INA 320.^[1] This interpretation was consistent with the definition of “residence” for purposes of naturalization under INA 316.^[2] Based on this treatment of U.S. government employees and their children in the context of naturalization under INA 316, USCIS determined that “residing in the United States” for purposes of acquisition of citizenship under INA 320 should likewise be interpreted to include children of U.S. military and government employees stationed outside of the United States who were residing with their parents.^[3]

This interpretation, however, was inconsistent with other provisions of the Immigration and Nationality Act (INA), including the definition of “residence” at INA 101(a)(33) and language in INA 322(a) and INA 322(d), which suggested that the citizenship of military children residing outside of the United States should be considered under that provision rather than under INA 320. Effective October 29, 2019, USCIS amended its policy guidance to address these concerns, and determined that children of members of the U.S. armed forces or U.S. government employees stationed outside of the United States would not be eligible for citizenship acquisition under INA 320.^[4]

On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted,^[5] amending INA 320, so that a child residing with his or her U.S. citizen parent, who is stationed outside of the United States as a member of the U.S. armed forces or a U.S. government employee, or is residing in marital union with a member of the U.S. armed forces or a U.S. government employee who is stationed outside of the United States, acquires citizenship under INA 320 if all requirements of INA 320(c) and INA 320(a)(1)-(2) are met. In line with the statute, USCIS rescinds its previous guidance, clarifying that these children are eligible to acquire citizenship under INA 320 if all other requirements under INA 320 are met.

The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020.

Footnotes

[^ 1] Even though the child of a member of the U.S. armed forces or U.S. government employee stationed outside of the United States may be eligible to apply for a Certificate of Citizenship under INA 322 since he or she resides outside of the United States, USCIS interpreted the child to meet residency requirements under INA 320 as well, which formerly required the child to be residing in the United States with his or her parent to acquire citizenship.

[^ 2] For example, U.S. government employees, including members of the U.S. armed forces, are eligible to apply for an exception to the continuous residence requirement for naturalization under INA 316 as long as their residency outside of the United States was on behalf of the U.S. government. See INA 316(b). See INA 316(a). See Part D, General Naturalization Requirements, Chapter 3, Continuous Residence [12 USCIS-PM D.3].

[^ 3] See Policy Manual Technical Update, Child Citizenship Act and Children of U.S. Government Employees Residing Abroad (July 20, 2015); and Acquisition of Citizenship by Children of U.S. Military and Government Employees Stationed Abroad under Section 320 of the Immigration and Nationality Act (INA), No. 103, issued May 6, 2004.

[^ 4] See USCIS Policy Alert, Defining “Residence” in Statutory Provisions Related to Citizenship [PA-2019-05] (PDF, 308.45 KB). This Policy Alert has been superseded by Policy Manual updates to reflect changes made under Pub. L. 116-133 (PDF).

[^ 5] See Pub. L. 116-133 (PDF) (March 26, 2020).

The table below provides some of the major legislative amendments that have aimed at assisting qualified military personnel and their eligible family members to become U.S. citizens or to acquire other immigration benefits, or both.

Major Legislative Amendments Assisting Military Members and their Eligible Relatives to Become U.S. Citizens or to Acquire Other Immigration Benefits
Act of May 9, 1918 (40 Stat. 512)
Accorded World War I servicemen certain exemptions from the then existing naturalization requirements First statute to provide for overseas processing; however, petitions that were filed and not acted upon by the courts were declared invalid before May 25, 1932^[1]
Modifications of 1918 Act^[2]
Under certain circumstances resident noncitizens who had departed from the United States and had served honorable in the military or naval forces of an allied country during World War I were granted special naturalization
Second War Powers Act of March 27, 1942 (amending Nationality Act of 1940)
Provided for the expeditious naturalization of members of the U.S. armed forces serving in the United States and abroad Provided for the naturalization of non-citizens serving during the war; the law permitted naturalization of those who did not meet requirements Section 702, authorized the actual naturalization of World War II servicemen outside the United States First time the Service had administrative authority to conduct naturalizations
Legislation of December 7, 1942 (amending Nationality Act of 1940)
Addition of section 323a Granted special naturalization privileges to World War I veterans Embraced persons who served with the United States military or naval forces at any time after April 20, 1898, and before July 5, 1902 (Spanish-American War), as well as persons who served on the Mexican border between June 1916 and April 1917 as members of the Regular Army or National Guard (expired December 8, 1943)
Act of June 1, 1948; Immigration and Nationality Act
Added section 324A to the Act of October 14, 1940 (Nationality Act of 1940) Revised, modified, and made permanent the earlier provisions for the expeditious naturalization of persons who served honorably in the United States armed forces during either World War I or II
Lodge Act, June 30, 1950 (64 Stat. 316)
Was periodically extended during the 1950s, finally expiring on July 1, 1959 The Act authorized naturalization under INA 329 of a noncitizen who enlisted or reenlisted overseas under the terms of the Act; subsequently entered the United States, American Samoa, Swains Island, or the Canal Zone pursuant to military orders; completed five years of service; and was honorably discharged
Korean Hostilities; Act of June 30, 1953 (Pub. L. 86)
Provided for the expeditious judicial naturalization of noncitizens, upon completion of at least 90 days' active and honorable service in the United States Armed Forces during a specified period (June 25, 1950 - July 1, 1955) extending beyond the termination date of the Korean conflict Under the statute, all petitions had to be filed before January 1, 1956
Vietnam Hostilities Act of October 24, 1968 (82 Stat. 1343)
Including Vietnam Hostilities to add as qualifying, service during a period beginning February 28, 1961, and ending on the termination fixed by the President By Executive Order 12081, September 18, 1978, the President terminated the period of Vietnam hostilities as of October 15, 1978 Allowed the designation by executive order such periods when the armed forces of the United States are engaged in armed conflict with a hostile foreign force
Grenada 15 Executive Order 12582 (February 2, 1987)^[3]
Although President Reagan designated the Grenada campaign as a period of hostilities, a federal court invalidated it entirely because, in contravention of statutory guidelines for such designations, the executive order attempted to limit the expedited naturalization benefit to persons who served in certain geographic areas and the record showed that the President would not have designated the campaign as a period of hostilities without the geographic limitations
Naturalization of Natives of the Philippines (WWII Service), Sec. 405 of Pub. L. 101-649
Addressed by Congress in 1990 by amending INA 329 (IMMACT90) Such veterans were exempted from the requirement of having been admitted to lawful permanent residence to the United States or having enlisted or reenlisted in the United States Subsequent amendments enabled naturalization processing to be conducted in the Philippines Only applied to applications filed by February 2, 1995
Hmong Veterans’ Naturalization Act of 2000
For Hmong guerilla units that aided the U.S. military during the Vietnam War era Provided an exemption from the English language requirement and special consideration for civics testing for Laotian refugees who supported the U.S. armed forces as members of guerrilla or irregular forces in Laos during the Vietnam War period of hostilities Only applied to naturalization applications filed by a veteran or spouse, within three years after May 26, 2000, or by a veteran’s widow within three years after November 1, 2000
National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136)
Pub. L. 108-136 was enacted on November 24, 2003 and amended certain military-related immigration provisions of the INA, to include: Reduced the required period of military service from three years to one year under INA 328 Exempted all fees from naturalization applications filed under INA 328 and 329 by eligible service members and certain veterans Added provision that citizenship obtained through INA 328 and 329 may be revoked if the person is separated from the U.S. armed forces under other than honorable conditions before the person has served for a period or periods aggregating five years Added under 8 U.S.C. 1443a that DHS must ensure that any filings, interviews, oath ceremonies, or other proceedings relating to naturalization of service members and certain military family members are available abroad through U.S. embassies, consulates, and U.S. military installations overseas as practical Extended benefits under INA 329(a) to those who serve or served as a member of the Selected Reserve of the Ready Reserve Extended certain immigration benefits to surviving spouses, children and parents of U.S. citizen service members (including those granted citizenship posthumously under INA 329(a)^[4]
National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181)
Pub. L. 110-181 was enacted on January 28, 2008 and amended certain military-related immigration provisions of the INA focused on qualifying spouses or children of members of the U.S. armed forces, to include: Added INA 284(b) to make clear that the lawful permanent resident status of a service member’s spouse or child is not jeopardized because the spouse or child resided abroad, as authorized by official orders, with the service member. This provision clarifies that USCIS must not treat such absences as abandonment or relinquishment of the spouse or child’s lawful permanent resident (LPR) status^[5] Added INA 319(e) to allow the LPR spouse of a service member to count any qualifying time spent abroad on official orders as continuous residence and physical presence in the United States. Also permits the spouse to complete the naturalization process overseas Added INA 322(d) to allow the U.S. citizen parent and service member of a child filing for naturalization to count time abroad under military orders as physical presence in the United States. Also permits the child to complete the naturalization process overseas
Kendell Frederick Citizenship Assistance Act (KFCAA) (Pub. L. 110-251)
The KFCAA was enacted on June 26, 2008 Requires DHS to use the fingerprints provided by an individual at the time the individual enlisted in the U.S. armed forces (referred to as “OPM” or “enlistment” fingerprints) or fingerprints the applicant previously submitted to USCIS for another application to satisfy the fingerprint requirement If DHS determines that new biometrics would result in more timely and effective adjudication of the individual’s naturalization application, DHS must inform the applicant of this determination and provide the applicant with information on how to submit fingerprints Requires USCIS to adjudicate applications for naturalization filed by active-duty members of the U.S. armed forces serving abroad within 180 days of the receipt of responses to all background checks
Military Personnel Citizenship Processing Act (MPCPA) (Pub. L. 110-382)
The MPCPA was enacted on October 9, 2008 Requires USCIS to complete applications for naturalization filed by service members (and certain spouses) within six months of receipt or notify the applicant of the delay Six-month notification letters must include the reason for delay and an estimated adjudication date

Footnotes

[^ 1] See Application of Campbell, 5 F.2d 247 (E.D. Wash. 1925). See Op. Sol. of Labor, Jan, 1926, CO file 79/9.

[^ 2] See Acts of July 19 and November 6, 1919, May 26, 1926, March 4, 1929, May 25, 1932, June 24, 1935, August 23, 1937, June 21, 1939, December 7, 1942.

[^ 3] See Executive Order 12582, signed on February 2, 1987 (52 FR 3395, February 4, 1987). In consideration of Matter of Reyes, 910 F. 2d 611 (9th Cir. 1990), Executive Order 12582 was revoked by Executive Order 12913 (PDF), effective February 2, 1987, (59 FR 23115, May 4, 1994).

[^ 4] See Sec. 1703 of PL 108-136.

[^ 5] See Sec. 673 of PL 110-181.

Updates

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address eligibility of military service members with uncharacterized military discharges for purposes of naturalization under section 328 or section 329 of the Immigration and Nationality Act (INA).

Affected Sections

12 USCIS-PM I.2 - Chapter 2 - One Year of Military Service during Peacetime (INA 328)

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide clarifications regarding certain naturalization applications filed by current or former members of the U.S. armed forces under sections 328 and 329 of the Immigration and Nationality Act (INA).

Affected Sections

12 USCIS-PM I.2 - Chapter 2 - One Year of Military Service during Peacetime (INA 328)

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329)

12 USCIS-PM I.9 - Chapter 9 - Spouses, Children, and Surviving Family Benefits

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide clarifications regarding certain naturalization applications filed by veterans of the U.S. armed forces under section 329 of the Immigration and Nationality Act (INA). These clarifications ensure eligible military veterans who served honorably during specifically designated periods of hostility and meet all other statutory requirements for naturalization are able to naturalize and become U.S. citizens in accordance with U.S. immigration laws.

Affected Sections

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329)

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding residency requirements under Section 320 of the Immigration and Nationality Act (INA), as amended by the Citizenship for Children of Military Members and Civil Servants Act.

Affected Sections

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM I - Part I - Military Members and their Families

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 331.55 KB) between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

This technical update incorporates into Volume 12 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced August 28, 2019 addressing requirements for “residence” in statutory provisions related to citizenship. This guidance became effective October 29, 2019.

Affected Sections

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM I - Part I - Military Members and their Families

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address requirements for “residence” in statutory provisions related to citizenship, and to rescind previous guidance regarding children of U.S. government employees and members of the U.S. armed forces employed or stationed outside the United States. This guidance becomes effective October 29, 2019.

Affected Sections

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM I - Part I - Military Members and their Families

This technical update clarifies that foreign nationals may apply for military naturalization after the certification of honorable service has been properly processed by the U.S. armed forces.

Affected Sections

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

This technical update clarifies that, for purposes of naturalization under INA 329, the current period designated by Presidential Executive Order 13269 (July 3, 2002), as a period in which the U.S. armed forces are considered to be engaged in armed conflict with a hostile foreign force, is still in effect. In addition, this update adds information about the USCIS Military Help Line in this part.

Affected Sections

12 USCIS-PM I.1 - Chapter 1 - Purpose and Background

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

This technical update clarifies that, in general, Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) enlistees may file an application for naturalization during basic training in the U.S. armed forces.

Affected Sections

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to provide information about the existing Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) Program.

Affected Sections

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

USCIS is issuing updated and comprehensive citizenship and naturalization policy guidance in the new USCIS Policy Manual.

Affected Sections

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Archived Content

This content has been superseded by the current version available in the Guidance tab. The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. The historical versions are provided for research and reference purposes only. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures.

The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. For historical versions before June 11, 2021, navigate to the USCIS Policy Manual within the USCIS website at: https://archive.org

Version History:

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