U.S. Citizenship Through Military Service

At National Security Law Firm (NSLF), we are proud to assist service members in achieving U.S. citizenship through expedited naturalization pathways. Military service members are uniquely positioned to benefit from special provisions in U.S. immigration law, which honor their contributions and sacrifices by streamlining the naturalization process. This blog explains the eligibility requirements, application steps, and common challenges associated with obtaining citizenship through military service.

General Naturalization Requirements

For most lawful permanent residents (LPRs), naturalization typically requires:

  • Continuous U.S. Residence: Five years as an LPR (or three years for spouses of U.S. citizens).
  • Physical Presence: At least half of the required residency period spent in the U.S.
  • Other Requirements:
    • Good moral character.
    • Knowledge of U.S. history and civics.
    • English language proficiency.
    • Attachment to the principles of the U.S. Constitution.
    • Age requirement: 18 years or older.

Military service members, however, can qualify for expedited naturalization under two special provisions of the Immigration and Nationality Act (INA):

  • Peacetime Provision (INA §328)
  • Wartime Provision (INA §329)

Peacetime Naturalization (INA §328)

Under the peacetime provision, service members may naturalize if they:

  • Serve honorably for at least one year in the Army, Navy, Marine Corps, Air Force, Coast Guard, Space Force, or National Guard.
  • Apply while still in service or within six months of separation to qualify for exemptions from residency and physical presence requirements.
    • If applying after six months, service members must meet the general five-year residence and 30-month physical presence requirements, with their military service counting toward these periods.

Additional Requirements:

  • Be at least 18 years old.
  • Demonstrate good moral character for at least five years prior to filing.
  • Pass English and civics tests (unless exempt).
  • Show attachment to the principles of the U.S. Constitution.

Revocation: Citizenship may be revoked if the service member is separated under dishonorable conditions before completing five years of honorable service.

Wartime Naturalization (INA §329)

The wartime provision applies to periods of hostilities designated by Congress or the President. For example, the post-9/11 War on Terrorism period, designated by President George W. Bush in 2002, remains in effect.

Eligibility Requirements:

  • Honorable Service: Even one day of honorable service qualifies.
  • No LPR Requirement: Non-LPRs may apply if they were physically present in the U.S. or its territories at the time of enlistment.
  • Exemptions:
    • No residency or physical presence requirements.
    • Applicants may be of any age.

Other Requirements:

  • Good moral character for at least one year prior to filing.
  • Pass English and civics tests (unless exempt).
  • Show attachment to the principles of the U.S. Constitution.

Revocation: As with peacetime naturalization, citizenship can be revoked if the service member separates dishonorably before completing five years of honorable service.

Expedited Naturalization Requirements Chart

 

Requirement Peacetime Service Service During Hostilities
Honorable Service Required – Minimum 1 year of service Required – Any duration of service
Lawful Permanent Resident (LPR) Status Required Not required to be LPR if physically present in U.S. at time of enlistment
Good Moral Character Required to demonstrate for at least 5 years prior to filing the application Required to demonstrate for at least one year prior to filing the application
Age Requirement 18 years or older Any age

 
Residence and Physical Presence

 

 Waived for those while in service or within 6 months of discharge; for those who file after 6 months of discharge, they must have continuously resided in the U.S. for at least 5 years and and been physically present for at least 30 months during that period Exempt

Warning: While INA §328 and INA §329 are attractive options for many military service members, they also contain a significant disadvantage: a person who naturalizes under these statutes may lose U.S. citizenship for post-naturalization bad behavior.  Thus, a noncitizen lawful permanent resident (LPR) who also qualifies to naturalize under a civilian naturalization statute should consider whether it is better to naturalize through the civilian statutes before applying for military naturalization.

Steps in the Military Naturalization Process

  1. Complete Form N-400: File the Application for Naturalization with U.S. Citizenship and Immigration Services (USCIS).
  2. Submit Form N-426: Certification of Military or Naval Service, signed by your chain of command, to verify your service.
  3. Gather Supporting Documents:
  • Proof of lawful permanent resident (LPR) status.
  • Military service records (e.g., DD Form 214).
  • Evidence of good moral character.
  1. Biometrics Appointment: Provide fingerprints for a background check.
  2. Naturalization Interview and Test: Attend an interview and pass the civics and English tests unless exempt.
  3. Take the Oath of Allegiance: Finalize the process by taking the Oath of Allegiance in a citizenship ceremony.

Special Considerations for Military Members

  • Overseas Processing: Service members stationed abroad can complete interviews and oath ceremonies at U.S. embassies or military installations.
  • Fee Waivers: Filing fees for Form N-400 are waived for military applicants.
  • Access to Resources: Military branches often provide judge advocate support and assistance with naturalization.

How Much Does Military Naturalization Cost?

At National Security Law Firm, we believe in providing clear, transparent pricing to all our clients. For service members seeking naturalization through military service, we offer a flat fee of $1,995.

We also understand that financial flexibility can make a significant difference. That’s why we’re proud to offer legal financing options that allow you to spread payments over 3 to 24 months. This option helps make our services accessible to those who need them most while giving you the peace of mind to focus on your case.

To learn more about our pricing or financing options, contact us today for a free consultation. Let us help you take the next step toward securing your citizenship.

Common Challenges

  1. Misunderstanding Automatic Citizenship: Some service members mistakenly believe military service automatically grants citizenship. An application is required to complete the process.
  2. Delays During Basic Training: Limited time and resources during basic training can make it difficult to gather documents or file applications.
  3. Documentation Issues: Missing service records or incomplete Form N-426 can delay the process.
  4. Deployment Conflicts: Scheduling biometrics, interviews, or ceremonies during deployments can be challenging.

Overseas Naturalization

Military service members stationed overseas may apply for naturalization from abroad. Our team can assist with the additional steps involved, including coordination with USCIS international offices and arranging overseas interviews and ceremonies.

How to Avoid Common Mistakes When Applying for Naturalization Through Military Service

Naturalization through military service is a unique and expedited pathway to U.S. citizenship, recognizing the sacrifices and contributions of service members. While the process is designed to be straightforward, errors and oversights can lead to unnecessary delays or denials. At National Security Law Firm (NSLF), we’re here to help you navigate this process smoothly. Below, we outline common mistakes service members make and offer actionable tips to avoid them.

1. Incomplete or Incorrect Application Forms

The Mistake: Submitting incomplete or incorrect information on Form N-400 (Application for Naturalization) or Form N-426 (Request for Certification of Military or Naval Service) can result in application delays or rejections.

How to Avoid It:

  • Double-check all forms for accuracy and completeness.
  • Provide detailed information about your military service, including dates, branch, and duty assignments.
  • Review instructions for Form N-426 carefully and ensure it is signed by your commanding officer.

2. Missing or Insufficient Documentation

The Mistake: Failure to include required documents, such as proof of lawful permanent resident (LPR) status or military service records, can delay your application.

How to Avoid It:

  • Include all necessary documents, such as:
    • Green card (proof of LPR status).
    • Military ID and DD Form 214 (for veterans).
    • Deployment orders (if applicable).
  • Create a checklist to ensure no critical documents are overlooked.

3. Failing to Request Expedited Processing

The Mistake: Many service members are unaware that their military status qualifies them for expedited processing, leading to longer-than-necessary wait times.

How to Avoid It:

  • Clearly request expedited processing on your application and provide evidence of your military service.
  • Highlight urgent circumstances, such as upcoming deployments, to USCIS.

4. Not Understanding Eligibility Requirements

The Mistake: Some applicants assume they qualify for naturalization without fully understanding the eligibility criteria, such as service duration or good moral character requirements.

How to Avoid It:

  • Verify your eligibility by confirming:
    • You have served honorably in the U.S. Armed Forces.
    • You meet the service duration requirements (one year of service during peacetime or service during designated periods of hostility).
    • You can demonstrate good moral character.

5. Ignoring Overseas Naturalization Options

The Mistake: Service members stationed abroad may delay applying for naturalization, not realizing they can complete the process overseas.

How to Avoid It:

  • Apply for overseas naturalization through your nearest U.S. embassy or consulate.
  • Coordinate with USCIS to arrange interviews and the Oath of Allegiance while stationed abroad.

6. Missing Appointments or Deadlines

The Mistake: Failing to attend biometrics appointments, naturalization interviews, or citizenship ceremonies due to scheduling conflicts can cause delays.

How to Avoid It:

  • Notify USCIS immediately if you cannot attend a scheduled appointment due to deployment or duty obligations.
  • Request flexible scheduling options where possible.

7. Not Preparing for the Civics and English Test

The Mistake: While military applicants may receive accommodations or exemptions, some fail to adequately prepare for the required tests, leading to unnecessary retakes.

How to Avoid It:

  • Study USCIS-provided materials on U.S. history and government.
  • Utilize online practice tests or classes for additional preparation.
  • Request accommodations if you qualify for exemptions due to age or service-related disabilities.

8. Delays in Certification of Military Service (Form N-426)

The Mistake: Submitting Form N-426 late or failing to obtain the required signatures from commanding officers can slow down the process.

How to Avoid It:

  • Start the Form N-426 certification process early to account for delays in obtaining signatures.
  • Work closely with your chain of command to ensure timely completion.

9. Not Seeking Legal Assistance

The Mistake: Many service members try to navigate the process on their own, leading to preventable errors or confusion.

How to Avoid It:

  • Consult an experienced immigration attorney who specializes in military cases.
  • Seek advice early in the process to avoid costly mistakes.

10. Overlooking Post-Citizenship Responsibilities

The Mistake: After obtaining citizenship, some service members neglect to update records or notify relevant authorities, which can cause complications later.

How to Avoid It:

  • Update your military records, Social Security information, and other personal documents to reflect your citizenship status.

Strategies for a Successful Military Naturalization Process

  • Complete All Forms Accurately
    • Ensure Form N-400 (Application for Naturalization) and Form N-426 (Certification of Military or Naval Service) are accurate and thoroughly completed. Errors or missing information can cause delays.
  • Gather Comprehensive Documentation
    • Required documents include:
      • Proof of lawful permanent resident (LPR) status, such as a green card.
      • Military service records, including DD Form 214 or deployment orders.
      • Evidence of good moral character, such as police clearance or affidavits.
  • Request Expedited Processing
    • Clearly state your military service and urgent circumstances (e.g., deployment) to qualify for faster processing.
  • Leverage Overseas Options
    • If stationed abroad, apply for naturalization through U.S. embassies or consulates. USCIS offers options for biometrics, interviews, and ceremonies overseas.
  • Work with Experienced Attorneys
    • Consult an immigration attorney with military expertise to ensure your case is submitted accurately and efficiently.

Common Mistakes to Avoid

  • Delays in Submitting Form N-426
    • The Form N-426 certification process can be delayed by incomplete or missing signatures. Start this process early to ensure timely submission.
  • Inadequate Preparation for the Civics and English Test
    • Some applicants fail to study adequately, leading to unnecessary test retakes. Use USCIS materials and practice resources for preparation.
  • Missing Critical Deadlines
    • Failing to attend scheduled biometrics appointments, interviews, or ceremonies can result in significant delays. Notify USCIS promptly if rescheduling is needed.
  • Incomplete Applications
    • Missing documents, such as military records or proof of lawful entry, can lead to application rejection.
  • Overlooking Expedited Processing
    • Many service members are unaware they qualify for expedited processing due to their military status.

Good Case vs. Bad Case Examples

Good Case Example

  • Scenario: A U.S. service member with honorable discharge files a complete Form N-400 and N-426, provides all supporting documents, and prepares thoroughly for the civics and English tests.
  • Why It’s Strong: The case meets all eligibility requirements and avoids common mistakes, ensuring a smooth process.

Bad Case Example

  • Scenario: A service member stationed abroad delays filing Form N-426 and fails to provide sufficient documentation of lawful permanent resident status.
  • Why It’s Weak: Missing and delayed documents weaken the case, causing significant processing delays.

FAQs About Naturalization Through Military Service

  • Who Qualifies for Naturalization Through Military Service? Non-citizen service members on active duty, in the reserves, or honorably discharged from the U.S. Armed Forces.
  • What Documents Are Required? Essential documents include Form N-400, Form N-426, green card, military ID, and DD Form 214 (if applicable).
  • Is There a Fee for Naturalization? No, the $640 application fee is waived for eligible service members.
  • Can I Apply While Stationed Overseas? Yes, service members can apply for naturalization abroad through U.S. embassies or consulates.
  • What Happens If I Fail the Civics or English Test? You will have the opportunity to retake the tests. Prepare using USCIS study materials to ensure success.

Special Considerations for Military Families

1. Expedited Processing: Applications are processed faster to accommodate military schedules, ensuring timely citizenship benefits.

2. Overseas Options: Service members stationed abroad can complete the process entirely from their overseas location, avoiding the need to return to the U.S.

3. Waived Fees: Military naturalization applicants are exempt from application fees, reducing the financial burden.

4. Addressing Logistical Challenges: Frequent relocations or deployments can complicate documentation and scheduling. NSLF provides tailored solutions to address these challenges.

How Military Naturalization Supports Readiness

  1. Provides Legal Stability: Citizenship offers greater legal security, allowing service members to focus on their duties.
  1. Expands Career Opportunities: S. citizenship may open up additional roles and responsibilities within the military.
  1. Strengthens Family Unity: Naturalization ensures family members are legally secure, reducing stress during deployments or relocations.

Why Choose National Security Law Firm?

At National Security Law Firm, we bring unmatched expertise to military naturalization cases. Our team, composed of veterans, former JAG officers, and high-ranking government employees, understands the unique challenges faced by service members.

  • Military Immigration Expertise: We specialize in expedited naturalization for service members, ensuring your application meets all requirements.
  • Nationwide and Global Service: Whether you’re stationed in the U.S. or overseas, we provide expert guidance every step of the way.
  • Personalized Support: We tailor our approach to your unique circumstances, ensuring a seamless and stress-free process.
  • Free Consultations: We offer complimentary consultations to help you start your citizenship journey with confidence.
  • Flexible Legal Financing: Spread payments over 3 to 24 months, making high-quality legal assistance accessible.
  • Transparent Fees: No hidden costs—just clear and upfront pricing you can trust.

At NSLF, we honor the sacrifices of those who serve our nation by providing compassionate and efficient legal support. It’s Our Turn to Fight for You!

Take the Next Step

Achieving U.S. citizenship is an important milestone in your military career. Let National Security Law Firm guide you through the naturalization process with confidence and care.

  • Schedule a Free Consultation: Book now

At NSLF, we are proud to support the brave men and women of our Armed Forces. It’s Our Turn to Fight for You!