U.S. Naturalization and Military Service: An Immigration Law FAQ
Are you a foreign national serving in the U.S. military? You may be eligible for U.S. citizenship, and some typical naturalization requirements may be waived or reduced. Here, an experienced immigration attorney answers a few common questions about the U.S. citizenship process for service members.
What counts as military service?
To be eligible for citizenship as a military service member or veteran, you must have honorably served on active or reserve duty with any of the following branches:
- Army
- Navy
- Marines
- Air Force
- Coast Guard
- A National Guard unit that was federally recognized as an Armed Forces reserve unit
How long do I need to serve before I can apply for citizenship?
To be eligible for U.S. citizenship, you must complete a minimum of military service. The exact length of service depends on whether you served during peacetime or war.
Peacetime Service
Under INA 328, foreign nationals who honorably served in the armed forces for at least a year during peacetime may be eligible for citizenship. You must also meet the following criteria:
- At least 18 years old
- Must be a lawful permanent resident at the time of your interview
- May need to meet residency and physical presence requirements
- Must prove your ability to read, write, and speak English unless waived or excepted
- Must show knowledge of U.S. history and government unless waived
- Must prove good moral character for at least five years before filing until you gain citizenship
If you file after a year of service while still serving or within six months of being honorably discharged, you are exempt from the residency and physical presence requirements.
Service During Designated Periods of Hostility
If you currently serve or have served in the U.S. military during one of the following periods of hostility, you may be eligible for naturalization under INA 329.
These periods are:
- World War I: Apr. 6, 1917 – Nov. 11, 1918
- World War II: Sept. 1, 1939 – Dec. 31, 1946
- Korean Conflict: June 25, 1950 – July 1, 1955
- Vietnam Hostilities: Feb. 28, 1961 – Oct. 15, 1978
- Persian Gulf Conflict: Aug. 2, 1990 – April 11, 1991
- War on Terrorism: Sept. 11, 2001 – present
To be eligible, you must also:
- Be a lawful permanent resident or be physically present in the United States, Canal Zone, American Samoa, or Swains when you enlist, reenlist, or extend service
- You can also qualify if you are on board a public vessel owned or operated by the United States
- Must prove your ability to read, write, and speak English unless waived or excepted
- Must show knowledge of U.S. history and government unless waived
- Must prove good moral character for at least one year before filing until you gain citizenship
You are exempt from any continuous residency and physical presence requirements.
What is the citizenship process through military service?
You can apply for naturalization through your military branch’s designated USCIS liaison by mail or online. If you are actively serving, your chain of command must certify your service on Form N-426, Request for Certification of Military or Naval Service.
If you have separated, you will submit a copy of DD Form 214, Certificate of Release or Discharge from Active Duty, NGB Form 22, or another official discharge form. You are not required to pay any application fees for naturalization under INA 328 or 329.
After you apply and submit the necessary documents, USCIS will review the application and perform the necessary security screenings, including obtaining fingerprints.
A USCIS field office will schedule your interview to review your eligibility and test your English and civics knowledge. If approved, you will be given a date to take the Oath and become a citizen.
Talk to the Immigration Lawyers at JAD Law
The U.S. Immigration process can be lengthy and confusing, but an experienced immigration lawyer can help you navigate the process.
JAD Law is here to help. Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
