Expedited Naturalization in the Military

Since September 11, 2001, the United States Citizenship and Immigration Services (USCIS) has granted U.S. citizenship to over 37,250 members of the U.S. Armed Forces. 111 posthumous citizenship has also been given as a result of military service.

Military service refers to service in the Army, Navy, Air Force, Marine Corps, Coast Guard, certain reserve components of the National Guard and the Selected Ready Reserve.

As of 2007, there were about 40,000 non-citizens serving in the U.S. military. The Philippines is currently second to Mexico for the highest number of enlisted non-citizens. In 2003, the Philippines stood as the largest source of enlisted non-citizens in the U.S. armed forces.

Under current immigration rules, qualified members of the above military branches are accorded special treatment in their application for naturalization. They do not have to comply with the residency and physical presence requirements imposed on other applicants.

To qualify for U.S. citizenship on account of military service, the member of the U.S. Armed Forces must show that he or she has 1) good moral character, 2) knowledge of the English language, 3) knowledge of U.S. government and history (civics) and 3) attachment to the U.S. by taking of the Oath of Allegiance to the U.S. Constitution.

Under Section 328 of the Immigration and Nationality Act (which refers to service in peacetime) servicemen/women may qualify for naturalization if he/she has served honorably in the military for at least one year, has a green card (lawful permanent resident status) and filed an application while still in the service or within six months of separation.

Under Section 329 (which refers to service in wartime), all immigrants are eligible to file for immediate citizenship provided they have served honorably on active duty in the U.S. Armed Forces or in the Selected Ready Reserve on or after September 11, 2001. There is no specified period of service required prior to application. This section of the law also benefits veterans of designated past wars.

Section 329A also provides for posthumous U.S. citizenship to members of the military who died during a designated war or died as a result of injury or disease incurred in or as a result of that war. The next of kin or the Secretary of Defense must request this posthumous citizenship within two years of the service member’s death.

The qualified family member including spouse (unless he or she remarried), children and parents may also file for U.S. citizenship if he/she meets the naturalization requirements, other than physical presence and residence.

The military has installed point-of-contact assistance in military bases to assist military servicemen in filing their naturalization packets which consist of the Application for Naturalization, the request for military certification and biographic information. Members of the military are not charged filing fees. Once complete, these packages are sent to the USCIS Nebraska Service Center for expedited processing.

There are many incentives for U.S. citizenship and these include: the right to vote; the right to apply for federal benefits and jobs; the right to run for public office; ease of travel in and out of the U.S. using U.S. passport; automatic granting of citizenship to dependent children; ability to sponsor and petition family members to permanently reside in the U.S. and be U.S. citizens as well; and providing derivative benefits for surviving family members for those awarded U.S. citizenship posthumously.