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Naturalization: U.S. Armed Forces and Their Family Members

Members of the U.S. Armed forces

Citizenship

Members of the U.S. Armed Forces may be eligible to naturalize through their service in the military. The naturalization process is quicker and less rigorous for eligible Service Members than for civilians. To qualify as a Service Member of the U.S. Armed Forces, an individual must have been enlisted to serve in one of the following military branches: U.S. Army, Navy, Air Force, Marine Corps or Coast Guard. Additionally, certain members of the National Guard and the Selected Reserve of the Ready Reserve may also qualify as a Service Member if the individual can verify his or her service in the Selected Service.

Service Members can verify their service by filing Form N-426 whether they are currently, or no longer in active duty.  A certified Form N-426 also establishes Selected Reserve service for Members of the National Guard. However, even without a certified N-426, service in the Armed Forces and/or Selected Reserve can be verified with a copy of an applicant’s DD Form 214 or NGB Form 22, which should be submitted along with an uncertified N-426. Please note, NGB Form 22b is not considered acceptable proof of service in the Selected Service.

Like all noncitizens, Service Members must fulfill certain requirements before they are eligible to naturalize. At a minimum, all naturalization applicants must demonstrate good moral character, knowledge of U.S. government, history, have an understanding of the English language, and hold an attachment to the principles of the Constitution. Beyond those requirements, however, the remaining physical presence and residency requirements differ for Service Members and vary depending on whether they served in peacetime or during a declared hostility.

During peacetime, a Service Member may not have to fulfill the physical presence and residency requirements generally required to naturalize as long as he or she is a Legal Permanent Resident (LPR or green card holder), and has served honorably for more than one year. To take advantage of these relaxed requirements, the Service Member must file the application for naturalization while still in service or within six months of the termination of service. Within that timeframe, the Service Member can count his or her time in service, including time spent either abroad or at home, in calculating his or her physical presence and residency in the United States. If the Service Member does not apply to naturalize in this window, then the normal physical presence and residency requirements will apply, which are explained in our article about Naturalization and Citizenship.

Naturalization requirements are even less stringent for Service Members who have served during a time of war or declared hostilities. Service Members who have served from September 11, 2001 to the present fall within this category because the President designated it a declared hostility. Physical presence and residency requirements are waived for Service Members who have served honorably during this time period. Service Members who are not green card holders, or who are out of status or undocumented, may also be eligible to naturalize in times of war or declared hostilities.

Whether in a time of peace or war, to begin the naturalization process, a Service Member must first certify his or her military service by filing Form N-426, Request for Certification of Military or Naval Service. The Service Member must contact his or her Point-of-Contact (POC) to help with this step of the process. Once it is verified that the individual has served, either during a time of peace or declared war or hostilities, the Service Member must file Form N-400, Application for Naturalization, and Form G-325A, Biographic Information. All naturalization filing and biometrics fees are waived for Service Members. Service Members can also benefit from an expedited naturalization process. In 2008, Congress passed the Military Personnel Citizenship Act, which requires US Citizenship and Immigration Services (USCIS) to process naturalization applications of current Service Members within six months.

Any Service Member interested in becoming a U.S. citizen is encouraged to contact his or her POC in the armed forces and/or an attorney to discuss how to obtain these benefits and to confirm eligibility. Our office is able to assist with all aspects of this process.

Posthumous Citizenship

A deceased Service Member may be eligible for Posthumous Citizenship. To be eligible the Service Member must have served honorably in active-duty during a period of military hostilities and died as a result of such service where he/she incurred an injury or disease aggravated by that service. It is generally required that the Service Member was an LPR to qualify for Posthumous Citizenship. The next-of-kin, spouse, child or parent of the deceased Service Member can request citizenship by filing Form N-644, Posthumous Citizenship. This must be filed no later than two years after the death of the Service Member.

Family Members

Citizenship

A noncitizen spouse and child(ren) of a U.S. Citizen Service Member in the U.S. Armed Forces may be eligible for certain immigration benefits. As is the case with Service Members naturalizing, the spouse and child (ren) of a Service Member must still meet the naturalization requirements, as identified above, but may qualify for relaxed residency and physical presence requirements.  

A noncitizen spouse of a U.S. Service Member may be eligible to naturalize while abroad or expedite his/her naturalization from within the United States. Under the National Defense Authorization Act for Fiscal Year 2008, time spent abroad may count towards the physical presence and residency requirements for a noncitizen spouse. Under this Act, a noncitizen spouse of a U.S. Citizen Service Member residing abroad with the U.S. Citizen Service Member may be eligible for overseas naturalization. Normally one can only naturalize in the U.S. based on physical presence and residency in the United States. A noncitizen spouse of a U.S. Citizen Service Member may also benefit from expedited naturalization in the United States if his/her spouse is or will be deployed abroad. In either procedure, the spouse must meet the general naturalization requirements, as discussed above, and must have also lived in marital union for three years preceding the application. A noncitizen spouse interested in taking advantage of these benefits may contact our office for more information.

A U.S. Service Member may be able to apply for naturalization on behalf of his/her child while serving abroad. Among other requirements, the child must be under the age of 18 and be residing and in the legal custody of the U.S. Service Member. In assessing the child’s physical presence and residency requirements, the time spent abroad by the child because of the U.S. Service Member parent may be counted. As suggested above, any Service Member interested in this process is encouraged to contact our office for more information.

Legal Permanent Residence for Family Members

Certain family members of a U.S. Citizen or LPR Service Member, may be eligible to acquire immigration benefits based on their familial relationship to the deceased Service Member. 

Under U.S. immigration law, the spouse, child(ren), and parent(s) of a U.S. Citizen Service Member who served in active duty and died as a result of injury or disease sustained or aggravated by such service may file a self-petition to adjust to LPR status. The family member must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, within two years of the death of the U.S. Citizen Service Member.

Family members of a deceased Service Member who was an LPR may also be able to pursue immigration benefits. Where the Service Member had filed Form I-130, Petition for Alien Relative, for a spouse, parent or child prior to his or her death, the beneficiary may pursue Adjustment of Status after the Service Member obtains Posthumous Citizenship. Where the spouse or child(ren) filed Form I-485, Application to Adjust Status, to obtain LPR status prior to the death of the Service Member, he or she may still pursue it if the Service Member is granted Posthumous Citizenship within two years of his or her death.

Please contact our office if you have any questions about this process or any of the information contained in this article.