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IMMIGRATION LAW BLOG

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ACTIVE MILITARY PERSONNEL AND VETERANS (INA §§ 328 & 329)

The U.S. values the selfless commitment of foreign nationals who serve or have served our country in the armed forces. An expedited path to U.S. citizenship is offered to active military personnel and veterans. The requirements for naturalization depend upon whether you served during peacetime or during periods of hostility.

You may be eligible for naturalization under INA § 328 if you have honorably served in the U.S. armed forces for at least 1 year during a period of peacetime. To be eligible for naturalization under INA § 328, you must:

  • Have served honorably in the U.S. armed forces for at least 1 year;
  • Have submitted a completed Form N-426, Request for Certification of Military or Naval Service confirming your honorable service;
  • Be a lawful permanent resident (i.e. green card holder) at the time of your naturalization interview;
  • Meet certain continuous residence and physical presence requirements;
  • Be able to read, write, and speak English;
  • Have knowledge of United States history and our system of government; and
  • Be a person of good moral character for at least five years before filing for naturalization and be loyal to the principles of the U.S. Constitution.

You may be eligible for naturalization under INA § 329 if you are currently serving or are a veteran who honorably served in an active-duty status or in the Selected Reserve of the Ready Reserve during a designated period of armed conflict. The designated periods of armed conflict are as follows:

  • World War I;
  • September 1, 1939 and December 31, 1946 (i.e. World War II);
  • June 25, 1950 and July 1, 1955 (i.e. Korean Conflict);
  • February 28, 1961 and October 15, 1978 (i.e. Vietnam Hostilities);
  • August 2, 1990 and April 11, 1991 (i.e. Persian Gulf Conflict); and/or
  • September 11, 2001 and the present (i.e. War on Terrorism).

To be eligible for naturalization under INA § 32, you must:

  • Have served honorably in the U.S. armed forces during a designated period of hostility;
  • Be either be a lawful permanent resident (i.e. green card holder) or have been physically present at the time of enlisting, reenlisting, or extending service or induction into the U.S. armed forces in the U.S. or its outlying possessions or on board a public vessel owned or operated by the U.S. for noncommercial service;
  • Be able to read, write, and speak English;
  • Demonstrate knowledge of U.S. history and our system of government; and
  • Be a person of good moral character for at least 1 year before filing for naturalization and loyal to the principles of the U.S. Constitution.
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