You raised your hand, took an oath, and agreed to defend the United States. Your military service may now provide a faster and more direct path to becoming a U.S. citizen.
Federal law creates special naturalization provisions for current service members and veterans. Depending on when, where, and how you served, you may qualify:
- After one year of honorable military service
- Based on qualifying service during a designated period of hostilities
- Without satisfying the ordinary five-year residence requirement
- Without meeting the ordinary physical-presence requirement
- Without paying the usual Form N-400 filing fee
- In some wartime-service cases, without first becoming a lawful permanent resident
- While stationed outside the United States
But military naturalization is not automatic.
USCIS may still examine:
- Whether your service qualifies under INA § 328 or § 329
- Form N-426 and military-service records
- Whether your service was honorable
- Your discharge characterization
- Multiple enlistments and periods of service
- Criminal and disciplinary history
- Good moral character
- Prior immigration applications
- False statements or citizenship claims
- Whether you lawfully obtained permanent residence
- Pending or prior removal proceedings
- Every answer given during the naturalization interview
A poorly prepared Form N-400 can do more than delay citizenship. It can reveal a criminal, immigration, or military-record issue that leads to denial, removal proceedings, or later questions about whether citizenship was lawfully obtained.
National Security Law Firm combines military and immigration experience to evaluate both the opportunity and the risk.
NSLF immigration attorney Justin M. Price has more than 25 years of legal experience, including service as:
- A former U.S. Immigration Judge
- A Department of Homeland Security trial attorney for more than 12 years
- An Air Force Judge Advocate
- A military and civilian prosecutor
- A public defender
- An immigration attorney representing service members, veterans, and military families
Justin has handled the issues that converge in these cases from nearly every side of the legal system. He understands how USCIS and immigration judges evaluate eligibility, credibility, criminal history, and government records. He also understands military service, disciplinary proceedings, personnel records, and command processes from his Air Force JAG experience.
You already stepped forward to serve the United States. Let NSLF help you determine whether that service can now lead to citizenship—and protect you from the problems that can arise when the case is filed incorrectly.
Schedule a consultation with National Security Law Firm.
Citizenship Through Military Service
The Immigration and Nationality Act provides two principal naturalization pathways based on military service:
- INA § 328: Naturalization based on at least one year of qualifying honorable service
- INA § 329: Naturalization based on qualifying honorable service during a designated period of hostilities
These provisions are not interchangeable.
The correct pathway depends on:
- When the applicant served
- Length of service
- Duty status
- Whether service occurred during a designated period of hostilities
- Whether the applicant is still serving
- Date and character of separation
- Lawful permanent resident status
- Location of enlistment, reenlistment, extension, or induction
- Residence and physical-presence history
- Criminal and immigration history
A service member who does not qualify under one provision may qualify under the other. A veteran who no longer qualifies for the fullest INA § 328 benefits may still qualify under INA § 329 or an ordinary civilian naturalization provision.
INA § 328: Naturalization Based on at Least One Year of Honorable Service
INA § 328 applies to certain noncitizens who served honorably in the U.S. Armed Forces for an aggregate period of at least one year.
An applicant generally must establish:
- At least one year of honorable military service
- Lawful admission for permanent residence
- Good moral character for the applicable period
- If separated, separation under honorable conditions
- English and civics proficiency unless an exception applies
- Attachment to the principles of the Constitution
- Compliance with the remaining naturalization requirements
Filing While Serving or Within Six Months After Separation
An applicant who files while still serving or within six months after completing qualifying service may receive important exemptions from ordinary residence and physical-presence requirements.
The six-month period can therefore be critical for a recently separated veteran.
Filing More Than Six Months After Separation
Missing the six-month window does not necessarily make citizenship impossible.
INA § 328 contains provisions allowing certain honorable military service during the five years before filing to count toward residence and physical presence under the ordinary naturalization rules.
The veteran may also qualify under INA § 329 if service occurred during a designated period of hostilities.
The correct strategy depends on service dates, permanent-residence history, residence, travel, discharge, and the applicant’s complete record.
INA § 329: Naturalization Based on Service During Hostilities
INA § 329 provides special naturalization rules for individuals who served honorably in a qualifying military status during a designated period of hostilities.
The period beginning September 11, 2001 remains a designated period of hostilities as of this page’s legal review date.
An applicant does not necessarily need to have:
- Served in combat
- Deployed overseas
- Served in a combat zone
- Received a combat award
- Completed one full year of service
The applicant must establish qualifying honorable service during the designated period.
INA § 329 may permit an eligible applicant to naturalize:
- Without the ordinary continuous-residence requirement
- Without the ordinary physical-presence requirement
- Without residing in a particular state or USCIS district
- Without the ordinary five-year period as a lawful permanent resident
- In some cases, without ever having been admitted as a lawful permanent resident
Enlistment and Permanent-Residence Rules
A person who was not a lawful permanent resident may potentially qualify if, at the time of enlistment, reenlistment, extension of enlistment, or induction, the person was physically present in a location recognized by INA § 329.
Alternatively, the applicant may qualify if lawfully admitted for permanent residence at any time after enlistment or induction.
These statutory rules are precise.
Military service does not automatically cure:
- Entry without inspection
- Visa overstay
- Fraud
- False citizenship claims
- Use of false documents
- Criminal grounds
- Every basis for removability
Read our specialized guide to wartime military naturalization under INA § 329.
INA §§ 328 and 329 Compared
| Requirement | INA § 328 | INA § 329 |
|---|---|---|
| Service basis | At least one year of qualifying honorable service | Qualifying honorable service during a designated period of hostilities |
| Minimum service period | At least one year | No comparable one-year requirement |
| Lawful permanent residence | Generally required | Not always required if the enlistment-location pathway is satisfied |
| Residence and physical presence | Special exemptions may apply when filed during service or within six months after separation | Ordinary residence and physical-presence requirements generally do not apply |
| Good-moral-character period | Generally five years before filing through naturalization | Generally at least one year before filing through naturalization |
| Separation | Must be under honorable conditions | Must be under honorable conditions |
| Filing after service | Timing affects available benefits | No comparable general six-month filing deadline |
| Military evidence | Form N-426 for current service members; official records for veterans | Form N-426 for current service members; official records for veterans |
| Filing fee | No ordinary N-400 fee for qualifying military filing | No ordinary N-400 fee for qualifying military filing |
This comparison is only a starting point. Multiple enlistments, discharge characterization, criminal history, immigration status, and prior government filings can change the analysis.
Who Counts as a Member of the U.S. Armed Forces?
Qualifying service may include service in:
- Army
- Navy
- Air Force
- Marine Corps
- Coast Guard
- Space Force
- Certain qualifying reserve components
INA § 329 also recognizes qualifying service as a member of the Selected Reserve of the Ready Reserve.
Not every military-connected role qualifies.
The following do not necessarily constitute qualifying service:
- Civilian employment with the Department of Defense
- Defense-contractor work
- Civil Air Patrol participation
- Auxiliary service
- Foreign military service
- Delayed Entry Program participation without qualifying service
- Individual Ready Reserve status
- National Guard service performed solely in a nonqualifying status
Duty status must be established through official records.
Current Service Members
A current service member may have advantages that are unavailable or more difficult to use after separation.
Potential benefits include:
- Access to the current chain of command
- Form N-426 certification
- Military personnel offices
- Installation legal assistance
- Potential overseas processing
- Special scheduling coordination
- Easier access to current service records
- The ability to file before a separation changes eligibility
Current service members should not wait until the end of service to address:
- Form N-426 delay
- Pending administrative separation
- NJP or court-martial proceedings
- Disputed service dates
- Planned deployment
- Transfer orders
- Security-clearance or criminal issues
- An approaching discharge
A service member who naturalizes before completing five years of honorable service should also understand the potential citizenship consequences of a later separation under other-than-honorable conditions.
Veterans and Former Service Members
Prior military service may support naturalization even years after separation.
Veterans may need to address:
- The six-month INA § 328 filing window
- INA § 329 eligibility based on service during hostilities
- Missing DD Forms 214
- Multiple enlistments
- Uncharacterized or adverse discharges
- Old criminal or disciplinary records
- Long periods outside the United States
- Prior removal proceedings
- Permanent-residence questions
- Overseas interview and oath logistics
Separated veterans generally rely on official service and discharge documents rather than obtaining a new Form N-426 from a former commander.
Read our focused guide to military naturalization for veterans.
Form N-400
Form N-400, Application for Naturalization, is the application used for military naturalization.
Military applicants generally must identify the correct military-service basis and provide the required supporting evidence.
Form N-400 asks broad questions about:
- Immigration status
- Entry and travel
- Addresses and employment
- Marriage and family
- Taxes
- Selective Service
- Organizations and affiliations
- Criminal history
- Arrests and citations
- Military service
- Disciplinary proceedings
- Removal history
- False statements
- Citizenship claims
- Willingness to take the Oath of Allegiance
A military applicant should not omit an arrest, NJP, expunged case, prior name, or adverse incident merely because it did not appear to affect military service.
The safest application is not the one with the fewest disclosures. It is the one that answers the current form accurately and explains the legal significance of the record.
Form N-426
Form N-426 is the Request for Certification of Military or Naval Service.
A current service member generally uses Form N-426 to obtain military certification of:
- Service dates
- Branch and component
- Duty status
- Honorable service
- Other information required by the current form
The form must be completed by an official authorized under applicable service procedures.
Problems may arise when:
- The command does not know who may certify it
- The form is delayed
- The signer lacks authority
- Required information is missing
- Service dates are incorrect
- The military refuses to certify honorable service
- Personnel records conflict
- Administrative separation or discipline is pending
A favorable Form N-426 does not guarantee naturalization. USCIS must still determine whether the applicant satisfies the other requirements.
If certification is creating a problem, visit our page for Form N-426 problems in military naturalization cases.
How Veterans Prove Military Service
Separated veterans generally use official military records such as:
- DD Form 214
- DD Form 215
- NGB Form 22
- Separation orders
- Enlistment and reenlistment contracts
- Personnel records
- Discharge documents
- Records from the National Personnel Records Center
- Prior DRB, BCMR, or BCNR decisions
A former commander’s letter ordinarily cannot override an official discharge record.
If the military record is incomplete or inaccurate, the veteran may need:
- Administrative correction
- DD Form 215
- Discharge Review Board relief
- BCMR or BCNR relief
- Correction of service dates or status
- A corrected discharge document
Honorable Service
Military naturalization requires qualifying honorable service.
The military department determines whether:
- The applicant’s service was honorable; and
- If separated, the applicant was separated under honorable conditions.
USCIS determines whether the applicant satisfies the remaining naturalization requirements.
Honorable service and good moral character are related but legally different.
An applicant may have honorable military service but face a separate GMC problem involving criminal conduct, false testimony, taxes, or failure to support dependents.
Conversely, positive conduct after service does not automatically convert an adverse discharge into a separation under honorable conditions.
Good Moral Character
Military service does not eliminate the good-moral-character requirement.
Potential problems include:
- Criminal convictions
- Controlled-substance conduct
- False testimony
- Fraud or misrepresentation
- Habitual drunkenness
- Lengthy incarceration
- Failure to support dependents
- Tax violations
- Other unlawful acts
- Military discipline
INA § 328 applicants generally face a five-year GMC period.
INA § 329 applicants generally must establish GMC for at least one year before filing and continue to establish it through naturalization.
Older conduct may remain relevant when it creates a permanent statutory bar, establishes removability, contradicts later testimony, or bears on current character.
Read our broad guide to good moral character for military naturalization.
Criminal History
An arrest or conviction does not automatically prevent every military-naturalization application. Some criminal records create permanent bars, while others require analysis of the offense, sentence, date, and statutory period.
USCIS may examine:
- Civilian arrests
- Convictions
- Diversion programs
- Deferred adjudication
- Expunged or sealed records
- Crimes involving moral turpitude
- Controlled-substance offenses
- Aggravated felonies
- Probation and parole
- Conduct without conviction
Military service does not erase a conviction or protect a removable lawful permanent resident from enforcement.
Applicants with criminal histories should review our dedicated page for military naturalization applicants with a criminal history.
NJP, Administrative Action, and Court-Martial
Military discipline can affect:
- Form N-426
- Honorable-service certification
- Good moral character
- Discharge characterization
- Disclosure on Form N-400
- Criminal-immigration consequences
- Credibility
An Article 15 or other NJP is not automatically a criminal conviction for immigration purposes. The underlying conduct may still matter.
A court-martial conviction requires separate analysis. Military and civilian dispositions do not always have the same immigration effect.
Read our guide to military naturalization after NJP, administrative action, or court-martial.
Uncharacterized Discharges
USCIS changed its treatment of uncharacterized discharges following a Department of Defense policy change.
Under current USCIS guidance:
- An uncharacterized discharge issued before August 1, 2024 may satisfy the requirement that separation occurred under honorable conditions.
- An uncharacterized discharge issued on or after August 1, 2024 does not satisfy that requirement under INA § 328 or § 329.
The discharge date—not merely the date of enlistment—is critical.
Read our complete analysis of military naturalization with an uncharacterized discharge.
OTH, Bad-Conduct, and Dishonorable Discharges
An OTH, bad-conduct, or dishonorable discharge can prevent a veteran from proving separation under honorable conditions.
The analysis may involve:
- Which statute applies
- Which service period supports the application
- Multiple enlistments
- Conditional discharges
- Court-martial convictions
- The underlying misconduct
- Possible record-correction relief
- Whether naturalization occurred before separation
Veterans with adverse discharges should review our guide to military naturalization after an OTH, bad-conduct, or dishonorable discharge.
Discharge Upgrades and Military-Record Corrections
A discharge upgrade or record correction may improve a naturalization case when the current military record is inaccurate, unjust, or legally disqualifying.
Possible relief may include:
- OTH to General or Honorable
- Correction of characterization
- Correction of narrative reason
- Correction of separation or reentry code
- Recognition of a distinct honorable service period
- Correction of service dates
- DD Form 215
- Corrected personnel records
- A new military certification
An upgrade does not automatically erase the underlying conduct or guarantee citizenship.
The correction should be designed around the immigration problem it must solve.
Learn more about military discharge upgrades for immigration and citizenship purposes.
False Claims to U.S. Citizenship
A false claim to U.S. citizenship can create severe immigration consequences.
Potential contexts include:
- Form I-9
- Enlistment documents
- Voter registration
- Voting
- Passport applications
- Driver’s-license applications
- Security-clearance forms
- Statements to immigration officers
- Use of a U.S. citizen’s identity document
Military service does not automatically cure a false citizenship claim.
The claim may affect:
- Inadmissibility
- Deportability
- Good moral character
- Naturalization eligibility
- Criminal exposure
- Later denaturalization proceedings
Limited statutory exceptions exist, but they are narrow.
Read our authoritative guide to the immigration consequences of a false claim to U.S. citizenship.
Service members seeking wartime naturalization after using false citizenship documents should also review wartime military naturalization after the use of false U.S.-citizenship documents.
Previous Immigration Violations or Removal Proceedings
Military service does not automatically eliminate:
- Entry without inspection
- Visa overstay
- Fraud or misrepresentation
- Prior removal orders
- Pending removal proceedings
- Abandoned immigration applications
- Unlawful reentry
- An invalid grant of permanent residence
- Criminal grounds of deportability
INA § 329 contains significant exceptions that may permit an otherwise qualified wartime-service applicant to naturalize despite an outstanding Notice to Appear.
That does not mean every person in removal proceedings qualifies or that every removal ground disappears.
A denied applicant may remain exposed to removal after disclosing the complete record through Form N-400.
The Military Naturalization Interview
At the interview, a USCIS officer reviews the application and determines whether the applicant satisfies the governing statute.
The officer may ask about:
- Military service
- Duty status
- Form N-426
- Service dates
- Discharge
- Criminal and disciplinary history
- Entry and permanent-residence history
- Prior immigration filings
- Travel
- Taxes
- Family obligations
- Citizenship claims
- Form N-400 answers
Unless an exception applies, the officer also administers the English and civics tests.
An applicant should review the entire application before the interview. Do not guess about dates, dispositions, service records, or prior government answers.
A false answer under oath may create a new GMC problem even when the original issue was manageable.
How Long Does Military Naturalization Take?
According to USCIS national historical data available on August 24, 2026, the median processing time for military Form N-400 applications during fiscal year 2026 through May 31, 2026 was approximately 3.1 months.
That is a national historical median—not a guarantee.
Cases may take longer because of:
- Form N-426 delay
- Missing military records
- Background checks
- Deployment
- Overseas coordination
- Criminal history
- RFE or NOID
- Adverse discharge
- Conflicting government records
Review our regularly updated page explaining how long the military naturalization process takes.
Overseas Naturalization
Qualifying service members stationed abroad may be able to complete parts or all of the naturalization process overseas.
Depending on the location and case, USCIS and the military may coordinate:
- Biometrics
- Interview
- English and civics testing
- Oath ceremony
Overseas availability is not identical in every country or at every military installation.
Veterans living abroad may face different interview, travel, jurisdiction, and oath logistics from current service members.
Naturalization for Military Spouses
Spouses of U.S. service members may qualify for special naturalization provisions, including modified residence, physical-presence, or overseas-processing rules in qualifying cases.
Military-spouse naturalization is based on the spouse’s eligibility and relationship to the U.S. citizen service member. It is not the same as the service member’s naturalization under INA § 328 or § 329.
Relevant NSLF resources include:
- Naturalization for spouses of U.S. service members
- Overseas naturalization for spouses of service members
Requests for Evidence and Notices of Intent to Deny
USCIS may issue an RFE or NOID concerning:
- Form N-426
- Honorable service
- Service dates
- Duty status
- Discharge records
- Criminal history
- Good moral character
- Immigration status
- False citizenship claims
- Prior government statements
An RFE asks for additional evidence. A NOID means USCIS believes the existing record supports denial but is allowing the applicant to respond.
The response should address the precise legal and factual problem. Resubmitting the same incomplete evidence is rarely enough.
NSLF represents applicants preparing military immigration RFE and NOID responses.
Military Naturalization Denials and Form N-336
If USCIS denies Form N-400, the applicant may generally request a hearing by filing Form N-336.
The deadline ordinarily is 30 calendar days after service of the denial, with additional time potentially applicable when USCIS served the decision by mail.
A Form N-336 case may challenge:
- Incorrect interpretation of INA § 328 or § 329
- Form N-426 errors
- Incorrect service dates
- Failure to recognize qualifying service
- Improper discharge analysis
- Criminal or GMC errors
- False-testimony findings
- Failure to consider corrected records
- Another legal or factual error
Learn about NSLF’s representation for military naturalization denials and Form N-336 review hearings.
Revocation of Citizenship Obtained Through Military Service
INA §§ 328 and 329 contain special revocation provisions.
Citizenship obtained through military service may be subject to revocation when the naturalized person separates under other-than-honorable conditions before completing an aggregate of five years of honorable service.
Citizenship does not automatically disappear upon discharge. The government must use an authorized legal process.
The analysis may involve:
- Naturalization date
- Separation date
- Total honorable service
- Multiple enlistments
- Characterization of discharge
- Accuracy of the military record
- Possible discharge-upgrade relief
- Other alleged grounds for denaturalization
Read about representation for the revocation or attempted revocation of military naturalization.
What Documents Should You Gather?
Military records
- Form N-426
- DD Form 214
- DD Form 215
- NGB Form 22
- Enlistment and reenlistment contracts
- Extension agreements
- Orders
- Personnel records
- Evaluations
- Awards
- Discharge records
- Administrative-separation records
- NJP or court-martial records
- Prior DRB, BCMR, or BCNR decisions
Immigration records
- Green card
- Form N-400
- Visa and adjustment filings
- Prior naturalization applications
- Removal orders
- Notices to Appear
- Immigration-court records
- RFEs, NOIDs, or denials
- Records of prior citizenship or status claims
Criminal records
- Certified charging documents
- Plea agreements
- Judgments
- Sentencing orders
- Dismissal records
- Probation documents
- Expungement or vacatur orders
Do not wait to seek advice merely because some records are missing. Identifying and obtaining the correct records may be part of the representation.
How NSLF Evaluates a Military Naturalization Case
Our review may include:
- Identifying every period of military service.
- Determining whether INA § 328 or § 329 applies.
- Reviewing current service or veteran status.
- Evaluating Form N-426 and discharge documents.
- Determining whether service was honorable.
- Examining multiple enlistments.
- Reviewing discharge characterization.
- Evaluating good moral character.
- Analyzing criminal and disciplinary records.
- Comparing military and immigration filings.
- Identifying false citizenship, fraud, or removability issues.
- Determining whether Form N-400 can be filed safely.
- Preparing the application and supporting evidence.
- Addressing interview, RFE, NOID, denial, or N-336 issues.
The objective is not simply to submit Form N-400. It is to build a legally supportable military-naturalization case while identifying risks before the government does.
Find Help for Your Specific Military Naturalization Problem
Why Choose National Security Law Firm?
Military naturalization sits at the intersection of two federal systems.
USCIS controls the naturalization application. The military controls service records, character-of-service determinations, and certifications that may decide whether the applicant qualifies.
Justin Price has worked inside both systems.
As a former Immigration Judge, he decided cases involving immigration status, removability, statutory eligibility, credibility, criminal records, and requests for relief.
During more than 12 years as a DHS trial attorney, he represented the federal government in immigration court and learned how government attorneys investigate records, identify inconsistencies, and build enforcement cases.
As an Air Force JAG and military prosecutor, he worked with commanders, military investigators, disciplinary proceedings, and personnel records.
As a public defender, he represented individuals facing the power of the government.
NSLF’s military-law team also handles:
- Discharge upgrades
- BCMR and BCNR petitions
- Military-record corrections
- Administrative-separation matters
- Court-martial and NJP records
- DD Form 214 corrections
That combined experience allows us to evaluate the military record, immigration eligibility, and enforcement risk as one case.
Frequently Asked Questions
How long must I serve before applying for military naturalization?
INA § 328 generally requires at least one year of qualifying honorable service. INA § 329 does not impose the same one-year requirement when the applicant has qualifying honorable service during a designated period of hostilities.
Do I need a green card?
INA § 328 generally requires lawful permanent residence. INA § 329 may allow some applicants to naturalize without a green card if they satisfy the qualifying enlistment-location pathway.
Do I need to have served in combat?
No. INA § 329 requires qualifying honorable service during a designated period of hostilities. It does not necessarily require combat or deployment to a combat zone.
Does military service automatically make me a citizen?
No. The service provides a potential naturalization pathway. The applicant must file Form N-400, prove eligibility, complete the interview and required tests, and take the Oath of Allegiance.
Do military applicants pay the N-400 fee?
Qualifying military applicants filing under INA § 328 or § 329 generally do not pay the ordinary Form N-400 filing fee.
Who signs Form N-426?
An official authorized under the applicable military department’s procedures must certify the form. A supervisor or commander does not necessarily have authority merely because of position or rank.
Do veterans need Form N-426?
Separated veterans generally rely on official discharge and service documents. A new Form N-426 ordinarily does not override a DD Form 214 or other official separation record.
Can I apply with an OTH discharge?
An OTH discharge generally prevents a finding that separation occurred under honorable conditions. A discharge upgrade, record correction, another service period, or a different naturalization provision may need to be evaluated.
Can a criminal record prevent military naturalization?
Yes. Some convictions create permanent bars. Other offenses affect good moral character or create removal risk. The record must be analyzed under federal immigration law.
How long does military naturalization take?
USCIS’s national historical median for military Form N-400 applications was approximately 3.1 months during fiscal year 2026 through May 31, 2026. That figure is not a deadline or guarantee.
What if USCIS denies my application?
Form N-336 may provide a review hearing. The filing deadline is generally 30 calendar days after service of the denial, so the decision should be reviewed immediately.
Can military citizenship be revoked after an adverse discharge?
INA §§ 328 and 329 contain special revocation provisions when a person separates under other-than-honorable conditions before completing five years of honorable service. Citizenship does not disappear automatically; the government must use an authorized process.
You Served the United States. Let Us Fight for Your Citizenship.
Military naturalization can be one of the most direct pathways to citizenship in federal law.
It can also be unforgiving when military records, criminal history, immigration status, or discharge characterization are misunderstood.
You should not have to explain your military record to an immigration lawyer who does not understand the military—or explain your immigration history to a military lawyer who does not understand USCIS and removal law.
Let former Immigration Judge, former DHS trial attorney, and Air Force JAG Justin Price and NSLF’s military-law team build one coordinated strategy for your service, your status, and your future as a U.S. citizen.
Schedule your consultation with National Security Law Firm.
National Security Law Firm—It’s Our Turn to Fight for You.
Attorney and Editorial Information
Attorney author: Justin M. Price, National Security Law Firm Immigration Practice
Legal experience: Former U.S. Immigration Judge; former DHS trial attorney with more than 12 years of government experience; former Air Force Judge Advocate and military prosecutor; former Assistant Public Defender
Legal review date: August 24, 2026
This page provides general legal information and does not create an attorney-client relationship. Eligibility depends on the applicable statute, service status, military records, discharge, immigration history, criminal history, and current law. No result is guaranteed.
Statutory and Regulatory Authority
- Immigration and Nationality Act § 328, 8 U.S.C. § 1439
- Immigration and Nationality Act § 329, 8 U.S.C. § 1440
- Immigration and Nationality Act § 316, 8 U.S.C. § 1427
- Immigration and Nationality Act § 318, 8 U.S.C. § 1429
- Immigration and Nationality Act § 336, 8 U.S.C. § 1447
- Immigration and Nationality Act § 340, 8 U.S.C. § 1451
- 8 C.F.R. Parts 328 and 329
- Executive Order 13269, July 3, 2002
Legal Authorities and Official Resources
- Immigration and Nationality Act § 328, 8 U.S.C. § 1439
- Immigration and Nationality Act § 329, 8 U.S.C. § 1440
- 8 C.F.R. Part 328
- 8 C.F.R. Part 329
- Executive Order 13269—Expedited Naturalization During the War on Terrorism
- USCIS—Naturalization Through Military Service
- USCIS Policy Manual, Volume 12, Part I—Military Members and Their Families
- USCIS Policy Manual—One Year of Military Service During Peacetime
- USCIS Policy Manual—Military Service During Hostilities
- USCIS Form N-400—Application for Naturalization
- USCIS Form N-426—Request for Certification of Military or Naval Service
- USCIS Case Processing Times