|
Kennedy Law Firm offers counsel on estate
planning for non U.S. citizens and citizens.
|

|
| |
Naturalization
for Military:
Qualifying service members and certain veterans are not required
to pay an application fee or a biometrics fee to apply for
naturalization, and are not required demonstrate residence or
physical presence in the United States. Additionally, service
members who serve during specifically designated periods of
hostilities may not need to be lawful permanent residents.
|

Qualifications
Service in
Peacetime
Service in
Wartime
Assistance
to the Military Community
Application
Packet
Fingerprint
Requirements
Posthumous Benefits
Statistics
Recognizing the important sacrifices made by non-U.S. citizen members
of the U.S. armed forces and their families, the USCIS offers special
naturalization processing for qualifying military service members in
the Army, Navy, Air Force, Marine Corps, Coast Guard, and certain
components of the National Guard and the Selected Reserve of the Ready
Reserve. |
Naturalization Ceremony,
Munich, May 29, 2007
Consul General Eric Nelson
"In a naturalization ceremony, you would expect to hear about the
values of duty, honor and loyalty to the
United States of
America. By your service in the armed services of the
United States, you, our
candidates today, have already demonstrated duty, honor and
loyalty to
America -- more than
many other Americans.
You understand better than most Americans the value of freedom.
We thank you especially for your contribution to defending the
freedoms enjoyed by all Americans.
This Memorial Day, the Wall Street Journal noted in an editorial
the tremendous contributions of the many soldiers, sailors and
airmen who are not yet American citizens. Today, they number
40,000, or five percent of enlisted personnel. Of special note,
twenty percent of all Medal of Honor
recipients have been immigrants to
America.
Today you will swear an oath “to support and defend the
Constitution and laws of the
United States of
America against all enemies, foreign and domestic.” These are
duties you already fulfill in your daily work."
|
USCIS Fact Sheet issued May 1, 2009
|
Qualifications |
While a member of the U.S. armed forces must meet some of the general
requirements and qualifications to become a citizen of the United
States, such as good moral character, some of the requirements are
either reduced or completely waived.
Specifically,
qualifying service members and certain veterans are not required
to pay an application fee or a biometrics fee to apply for
naturalization, and are not required demonstrate residence or
physical presence in the United States. Additionally, service
members who serve during specifically designated periods of
hostilities may not need to be lawful permanent residents.
Additionally, the National Defense Authorization Act for Fiscal Year
2004 extended all aspects of the naturalization process, including
naturalization applications, interviews, oaths and ceremonies to
members of the U.S. armed forces serving overseas. Before Oct. 1,
2004, military service members could only naturalize while physically
within the United States.
Finally, the National Defense Authorization Act for Fiscal Year 2008
added Sections 319(e) and 322(d) to the
Immigration and Nationality Act (INA), allowing certain
eligible spouses and children of members of the U.S. armed forces to
naturalize abroad without traveling to the United States for any part
of the naturalization process. |
|
Service in Peacetime
|
Section 328 of the INA applies to all
members of the U.S. armed forces or those already discharged from
service. An individual may qualify for naturalization under this
provision if he or she has:
Served
honorably in the military for at least one year;
Obtained lawful
permanent resident status;
Filed an
application while still in the service or within six months of
separation.
|
|
Service in Wartime |
Section 329 of the INA applies to members
of the U.S. armed forces who serve during specifically designated
periods of hostilities. This section is sometimes referred to as
wartime naturalization.
An individual may qualify for naturalization under this provision if
he or she has:
Served
honorably in active-duty status for any period of time;
Such active-duty service
was during a specifically designated period of hostility;
Unlike all other
provisions for naturalization, a qualifying service member is not
required to be a lawful permanent resident to naturalize under
this provision if the service member enlisted or was inducted
within the United States or other qualifying geographical area.
The Expedited Naturalization Executive Order of 2002 provides for
expedited naturalization under this provision to qualified aliens and
non-citizen nationals serving honorably in an active-duty status in
the U.S. armed forces beginning on Sept. 11, 2001 to the present. This
section also covers veterans of designated past wars and conflicts. |
|
Assistance to the Military
Community |
Specially trained
USCIS customer service specialists at the Nebraska Service Center
assist service members, their families, attorneys and others
representing them with military-specific naturalization and
immigration issues.
The
toll free Military Help Line (1-877-CIS-4MIL)
Specialists across USCIS
have been selected to handle military naturalization packets, and each
consider this responsibility a privilege and an honor, and do all that
they can to ensure that applications are processed and completed as
expeditiously as possible.
In addition, every
military installation has a designated point-of-contact to assist
service members in preparing the naturalization application packet.
This contact is generally in the military legal office or in the
personnel division. Service members should use this contact to help
prepare and file a complete naturalization application packet. |
|
Application Packet |
The service
member’s naturalization packet will include:
Application for
Naturalization, (USCIS Form N-400)
Biographic Information,
(USCIS Form G-325B)
Request for
Certification of Military or Naval Service, (USCIS Form N-426);
If applicable, a copy of
the USCIS Form I-551, Permanent Resident Card; and,
Two passport-style
photographs.
Members of the military applying under sections 328 or 329 of the INA
are not required to pay a fee for their naturalization application. |
|
Fingerprint Requirements |
Five fingerprinting methods are available to service members:
-
Have
their fingerprints taken at any domestic USCIS Application
Support Center (ASC) without an appointment even if their
application is not yet pending with USCIS.
-
Have
their fingerprints taken at select military installations in
the United States by USCIS personnel using mobile
fingerprinting equipment.
-
If
USCIS fingerprinted the service member in the past for
immigration purposes and USCIS is able to use these
fingerprints, USCIS will re-submit these fingerprints to the
FBI.
-
Authorize USCIS to acquire and use the fingerprints taken at
the time of enlistment by completing and submitting the
Fingerprint Authorization.
-
Have
their fingerprints taken at U.S. military installations overseas
or at U.S. Embassies and Consulates using the FD-258 fingerprint
card.
|
|
Posthumous Citizenship |
Section 329A of the INA provides
for posthumous citizenship to certain members of the U.S. armed
forces. A member of the U.S. armed forces who served honorably during
a designated period of hostilities and dies as a result of injury or
disease incurred in, or aggravated by, that service (including death
in combat) may receive posthumous citizenship.
The service member’s
next of kin, the Secretary of Defense, or the Secretary’s designee in
USCIS must submit the application for posthumous citizenship within
two years of the service member’s death by filing an Application
for Posthumous Citizenship, (USCIS Form N-644).
Posthumous
citizenship establishes that the deceased veteran is considered a
citizen of the United States as of the date of his or her death.
A surviving spouse
(even if he or she remarries), child, or parent of a member of the
U.S. citizen member of the armed forces, (including a service member
granted posthumous citizenship), is eligible to apply for
naturalization benefits under Section 319(d)
of the INA if the family member meets naturalization
requirements other than residence and physical presence.
For other immigration
purposes, a surviving spouse (unless he or she remarries), child, or
parent of a member of the U.S. armed forces who served honorably on
active duty and died as a result of combat, and was a citizen at the
time of death (including a posthumous grant of citizenship) is
considered an immediate relative for two years after the service
members dies and may file a petition for classification as an
immediate relative during such period. A surviving parent may file a
petition even if the deceased service member had not reached age 21. |
|
Military Naturalization Statistics
through March 31, 2009 |
USCIS has naturalized 47,481 service men and women since September
2001. This includes 6,593 service members naturalized during
ceremonies overseas and onboard Navy flagships at sea.
In
May 2008, USCIS conducted the first overseas naturalization
ceremony to include a military spouse. Since that time, USCIS has
naturalized 128 military spouses in overseas ceremonies in Germany
(77), Italy (10), Japan (11), South Korea (21), Spain (3) and the
United Kingdom (6). In February 2009, USCIS hosted the
first overseas naturalization ceremony for the child of a Sailor
stationed in Japan.
Since August 2002, USCIS has granted posthumous citizenship to 119
members of the U.S. armed forces.
The
United States also conducted overseas military naturalization
ceremonies during World War II (20,011) and the Korean War
(7,756).
|
Naturalization of Military Members in the United
States
|
| |
Sept. 2001
138
|
FY-02
2,434 |
FY-03
4,659 |
FY-04
6,327
|
FY-05
6,106 |
FY-06
6,643
|
FY-07
4,541
|
FY-08
6,356
|
*FY-09
3,684 |
|
|
Naturalization of Military Members
Overseas
|
| |
|
|
|
|
|
|
|
|
FY-05 |
FY-06 |
FY-07 |
FY-08 |
FY-09 |
Total |
|
Afghanistan |
40 |
87 |
80 |
105 |
77 |
389 |
|
Djibouti |
0 |
19 |
6 |
0 |
2 |
27 |
|
Germany |
311 |
320 |
148 |
135 |
82 |
996 |
|
Greece |
0 |
2 |
0 |
0 |
0 |
5 |
|
Iceland |
0 |
2 |
0 |
3 |
0 |
2 |
|
Iraq |
187 |
705 |
684 |
644 |
438/ |
2655 |
|
Italy |
75 |
57 |
56 |
13 |
12 |
213 |
|
Japan |
174 |
419 |
183 |
349 |
77 |
1202 |
|
Kenya |
0 |
1 |
0 |
0 |
0 |
1 |
|
Kosovo |
0 |
0 |
7 |
0 |
0 |
7 |
|
Kuwait |
42 |
110 |
60 |
110 |
38 |
360 |
|
South Korea |
164 |
160 |
121 |
149 |
77 |
671 |
|
Spain |
39 |
7 |
6 |
0 |
1 |
53 |
|
United Kingdom |
1 |
6 |
3 |
1 |
1 |
12 |
|
Total |
1030 |
1895 |
1354 |
1509 |
503 |
6593 |
|
* FY-09 Oct.
1, 2008 through March 31, 2009 |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|