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:
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The applicant may be of any age.
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The applicant must have served honorably in the U.S. armed forces during a designated period of hostility.
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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:
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In the United States or its outlying possessions, including the Canal Zone, American Samoa, or Swains Island, or
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On board a public vessel owned or operated by the United States for noncommercial service.
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The applicant must be able to read, write, and speak basic English.
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The applicant must demonstrate knowledge of U.S. history and government.
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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.
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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. [2]
B. Honorable 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, or Coast Guard. Service in a National Guard Unit may also qualify. [3]
Honorable service means only 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.
Both “Honorable” and “General-Under Honorable Conditions” discharge types qualify as honorable service for immigration purposes. Other discharge types, such as “Other Than Honorable,” do not qualify as honorable service.
C. National Guard Service
An applicant filing on the basis of military service during hostilities [4] 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. [5] 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. [6]
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. [7]
|
Designated Periods of Hostilities |
|||
|---|---|---|---|
|
World War I [8] |
April 6, 1917 |
→ |
November 11, 1918 |
|
World War II [9] |
September 1, 1939 |
→ |
December 31, 1946 |
|
Korean Conflict [10] |
June 25, 1950 |
→ |
July 1, 1955 |
|
Vietnam Hostilities [11] |
February 28, 1961 |
→ |
October 15, 1978 |
|
Persian Gulf Conflict[12] |
August 2, 1990 |
→ |
April 11, 1991 |
|
War on Terrorism [13] |
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 aliens and noncitizen nationals 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. [14]
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 [15] 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:
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In the United States, the Canal Zone, American Samoa, or Swains Island; or
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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 [16] 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. [17]
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 aliens who have skills that are considered vital to the national interest of the United States. [18] The program applies to certain health care professionals and aliens who are fluent in certain foreign languages. [19]
An alien entering active duty status or service in the Selected Reserve of the Ready Reserve may apply for military naturalization after the alien'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. [20] 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:
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Asylee;
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Refugee;
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Beneficiary of Temporary Protected Status (TPS);
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Person granted deferred action by USCIS under the Deferred Action for Childhood Arrivals (DACA) policy; or
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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. [21]
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. [22] 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. [23] 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. [24] In addition, the dependent spouse or child of the exchange visitor is not required to comply with the foreign residence requirement. [25]
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. [26]
Footnotes
2. [^] See INA 329(b). See 8 CFR 329.2(e).
3. [^] See Section C, National Guard Service [12 USCIS-PM I.3(C)].
5. [^] See 8 CFR 329.1. See 10 U.S.C. 10143 for more information on the Selected Reserve of the Ready Reserve.
6. [^] 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)].
7. [^] See 8 CFR 329.1 and 8 CFR 329.2.
8. [^] 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.
9. [^] See 8 CFR 329.2. See Proclamation No. 2714, Cessation of Hostilities of World War II, 61 Stat. 1048 (December 31, 1946).
10. [^] See 8 CFR 329.2.
11. [^] See 8 CFR 329.2. See Exec. Order No. 12081, Termination of Expeditious Naturalization Based on Military Service, 43 FR 42237 (September 18, 1978).
12. [^] 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).
13. [^] 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).
14. [^] 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).
17. [^] For further information and details of the DOD program, see the DOD MAVNI Fact Sheet (PDF) or contact the DOD.
18. [^] The Secretary of Defense authorized the pilot program. See the DOD MAVNI Fact Sheet (PDF).
19. [^] See sections on health care professionals and eligible languages in the DOD MAVNI Fact Sheet (PDF).
20. [^] 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.
21. [^] See section on eligibility in the DOD MAVNI Fact Sheet (PDF).
22. [^] See section on eligibility in the DOD MAVNI Fact Sheet (PDF).
23. [^] See INA 212(e).
24. [^] The J exchange visitor is not required to obtain a waiver of the INA 212(e) foreign residence requirement. See INA 329.
25. [^] A J-1 exchange visitor’s dependent spouse or child is issued a J-2 nonimmigrant visa.
26. [^] See Form I-485, Application to Register Permanent Residence or Adjust Status. See section on eligibility in the DOD MAVNI Fact Sheet (PDF).