Naturalization Through Military Service: What You Need to Know

For over twenty years, I have had the privilege of guiding clients through the complexities of immigration law. Among the most honorable paths to U.S. citizenship is naturalization through military service. It is not just a legal process; it is a recognition of the dedication and sacrifices made by those who serve this country. The Immigration and Nationality Act (INA) outlines unique provisions that facilitate naturalization for current and former members of the U.S. armed forces, underscoring the nation’s gratitude for their service.

Eligibility for Naturalization Under Military Provisions

If you are currently serving or have served honorably in the U.S. armed forces, you may be eligible for naturalization under sections 328 or 329 of the INA. These sections provide pathways that differ from the general naturalization process. Filing under these provisions not only waives certain fees but also modifies or reduces some of the usual requirements.

Under INA 328, applicants who have completed at least one year of honorable service may be eligible. This path requires that you:

• Be at least 18 years old.
• Provide a completed Form N-426, Request for Certification of Military or Naval Service, or relevant discharge documentation such as a DD Form 214 if no longer serving.
• Show honorable service and separation (if applicable).
• Hold lawful permanent resident status during your naturalization interview.
• Demonstrate an ability to read, write, and speak English and knowledge of U.S. history and government, unless exceptions apply.
• Exhibit good moral character and an attachment to the principles of the U.S. Constitution.
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Provisions Under INA 329

INA 329 addresses those who served during specific periods of conflict, such as World War II, the Korean and Vietnam Wars, and ongoing hostilities since September 11, 2001. Applicants under this provision do not need to meet the typical continuous residence or physical presence requirements, a significant advantage for many service members.

Steps to Apply

Under either provision, the path to naturalization begins by filing Form N-400, Application for Naturalization, under the applicable INA section. Current service members should attach Form N-426, certified by the military, while veterans must submit discharge documentation. If stationed or living abroad, special procedures for biometrics and interview locations are available to accommodate military schedules and deployments.

Posthumous Citizenship

Posthumous citizenship is a unique and meaningful way to honor the sacrifice of individuals who served in the U.S. armed forces. When a service member dies as a result of injury or disease sustained or worsened during their honorable active-duty service, they may be eligible for posthumous citizenship under section 329A of the Immigration and Nationality Act (INA). This recognition serves as an acknowledgment by the United States of their dedication and ultimate sacrifice for the nation.

To obtain posthumous citizenship for a deceased service member, an application must be submitted using Form N-644, Application for Posthumous Citizenship. This form should be filed within two years of the service member’s death. Once the application is reviewed and approved, USCIS will issue a Certificate of Citizenship in the name of the deceased. This certificate affirms that the service member was a U.S. citizen at the time of their death.

A Symbol of Honor

Posthumous citizenship is more than a formal recognition. It is a symbolic gesture that underscores the value placed on the contributions and sacrifices made by those in the military. This process also extends potential immigration benefits to surviving family members, reflecting the nation’s commitment to those who served and their loved ones.

A Personal Dedication

As the spouse of a Vietnam veteran, I deeply understand the profound commitment and sacrifices made by those who serve. This understanding adds a personal dimension to my dedication to helping service members navigate their path to U.S. citizenship. It is an honor to support those who have given so much for this country, ensuring they receive the recognition and rights they have earned. If you are ready to explore your path to U.S. citizenship or have questions about the process, I invite you to contact us for a bonus consultation.