Chapter 5 - Application and Filing for Service Members (INA 328 and 329)
This section provides relevant information for applying for naturalization on the basis of military service.  Service members should file their applications in accordance with the instructions for the Application for Naturalization (Form N-400) and other required forms.
An applicant filing for naturalization based on one year of honorable military service during peacetime  or honorable service during a designated period of hostility  must complete and submit all of the following to USCIS:
Form N-400, Application for Naturalization
The applicant should check the appropriate eligibility option on the Application for Naturalization to indicate that he or she is applying on the basis of qualifying military service. The applicant should file the application in accordance with the form instructions.
Form N-426, Request for Certification of Military or Naval Service
The Request for Certification of Military or Naval Service confirms whether the applicant served honorably in an active duty status or in the Selected Reserve of the Ready Reserve. The form may also establish whether the applicant has ever been released from military service on the grounds that he or she is an alien or foreign national. Only those applicants applying under INA 328 or INA 329 are required to submit the form. An applicant applying under a different naturalization provision is not required to submit the form, even if the applicant has prior military service.
The military must complete and certify (sign) the Request for Certification of Military or Naval Service before it is submitted to USCIS. USCIS, however, will accept a completed but uncertified form submitted by an applicant who has separated from the U.S. armed forces if:
The applicant submitted a photocopy of his or her Certificate or Release from Active Duty (DD Form 214) or National Guard Report of Separation and Record of Service (NGB Form 22) for applicable periods of service listed on Form N-426; and
The DD Form 214 or NGB Form 22 lists information on the type of separation and character of service. Such information is typically found on page “Member-4” of DD Form 214 or Block 24 of NGB Form 22.
Most military installations have a designated office that serves as a point-of-contact to assist service members with their naturalization application packets. Service members should inquire through their chain of command for the appropriate office to assist with preparing the naturalization packet.
There is no fee for filing a Request for a Hearing on a Decision in Naturalization Proceedings (Form N-336) for applicants whose naturalization application filed under INA 328 or INA 329 has been denied. 
Naturalization applications filed on the basis of military service should be filed in accordance with the form instructions.  USCIS will permit an applicant residing abroad the option to file his or her application for naturalization with the USCIS overseas office having jurisdiction over his or her place of residence, as practicable.
An applicant serving abroad may complete all aspects of the naturalization process, including fingerprinting, interviews and oath ceremonies while residing abroad on official orders.  The applicant may request overseas processing at any time of the naturalization process.
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
Legislation Assisting Military Members and their Families Obtain Immigration Benefits
Appendix: Legislation Assisting Military Members and their Families Obtain Immigration Benefits
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.
Act of May 9, 1918 (40 Stat. 512)
Modifications of 1918 Act 
Second War Powers Act of March 27, 1942 (amending Nationality Act of 1940)
Legislation of December 7, 1942 (amending Nationality Act of 1940)
Act of June 1, 1948; Immigration and Nationality Act
Lodge Act, June 30, 1950 (64 Stat. 316)
Korean Hostilities; Act of June 30, 1953 (Pub. L. 86)
Vietnam Hostilities Act of October 24, 1968 (82 Stat. 1343)
Grenada 15 Executive Order 12582 (February 2, 1987) 
Naturalization of Natives of the Philippines (WWII Service), Sec. 405 of Pub. L. 101-649
Hmong Veterans’ Naturalization Act of 2000
National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136)
National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181)
Kendell Frederick Citizenship Assistance Act (KFCAA) (Pub. L. 110-251)
Military Personnel Citizenship Processing Act (MPCPA) (Pub. L. 110-382)
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, 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.
POLICY ALERT - Comprehensive Citizenship and Naturalization Policy GuidanceJanuary 07, 2013
USCIS is issuing updated and comprehensive citizenship and naturalization policy guidance in the new USCIS Policy Manual.