As a thank you for serving, the U.S. government provides means for military service members and certain veterans to become U.S. citizens through naturalization. Posthumous citizenship is also granted in certain cases.
Military service defined, generally
Qualifying military service is generally in the U.S. Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and the Selected Reserve of the Ready Reserve. The general requirements for naturalization may be diminished or waived for qualifying service member.
One year of qualifying service during “peacetime”
Generally, a person who has served honorably in the U.S. armed forces at any time may be eligible to apply for naturalization. The military community sometimes refers to this as “peacetime naturalization.”
Additional peacetime requirements
In general, an applicant for naturalization must:
- Be age 18 or older
- Have served honorably in the U.S. armed forces for at least 1 year and, if separated from the U.S. armed forces, have been separated honorably
- Be a permanent resident at the time of examination on the naturalization application
- Be able to read, write, and speak basic English (pass naturalization test)
- Have a knowledge of U.S. history and government (civics – pass naturalization test)
- Have been a person of good moral character during all relevant periods under the law
- Have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law
- Have continuously resided in the United States for at least five years and have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application, UNLESS the applicant has filed an application while still in the service or within 6 months of separation. In the latter case, the applicant is not required to meet these residence and physical presence requirements.
Service during periods of war or hostilities
Generally, members of the U.S. armed forces who serve honorably for any period of time (even 1 day) during specifically designated periods of hostilities (see below) are eligible for naturalization.
Additional hostility time requirements
To qualify a member must:
- Have served honorably in active-duty status, or as a member of the Selected Reserve of the Ready Reserve, for any amount of time during a designated period of hostilities and, if separated from the U.S. armed forces, have been separated honorably
- Have been lawfully admitted as a permanent resident at any time after enlistment or induction, OR have been physically present in the United States or certain territories at the time of enlistment or induction (regardless of whether the applicant was admitted as a permanent resident)
- Be able to read, write, and speak basic English (pass naturalization test)
- Have a knowledge of U.S. history and government (civics – pass naturalization test)
- Have been a person of good moral character during all relevant periods under the law
- Have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law
The designated periods of hostilities are:
- April 6, 1917 to November 11, 1918
- September 1, 1939 to December 31, 1946
- June 25, 1950 to July 1, 1955
- February 28, 1961 to October 15, 1978
- August 2, 1990 to April 11, 1991
- September 11, 2001 until the present
The current designated period of hostilities starting on September 11, 2001, will terminate when the President issues an Executive Order terminating the period.
How to apply for naturalization as a service member
Service members should complete the applications stated below to apply for naturalization:
- Form N-400, Application for Naturalization
- Form N-426, Request for Certification of Military or Naval Service (establishes periods of honorable service certified by the military)
Note: Every military installation should have a designated point-of-contact (POC) to handle your application and certify your Request for Certification of Military or Naval Service (Form N-426). You should inquire through your chain of command to find out who this person is so they can help you with your application packet.
The designated POC may assist you with the following:
- Certification of Form N-426
- Information about fingerprinting and how to comply with the fingerprinting requirement (fingerprinting fee is waived for service members.)
- Submitting the N-400 package to the Nebraska Service Center (NSC) at the following address (filing fee is waived for service members.)
The Nebraska Service Center
PO Box 87426
Lincoln, NE 68501-7426
Once your application is received, the NSC will review the application and send it to the USCIS office closest to your location. If you have a preference as to where you would like to be interviewed, you may provide that information in a cover letter attached to your naturalization packet. Note that you can apply state side or overseas.
The USCIS office will set a date to interview you to determine your eligibility for naturalization. If your application for naturalization is approved, USCIS will inform you of the date you can take the oath of allegiance.
Posthumous citizenship for military members
Generally, individuals who served honorably in the U.S. armed forces and who died as a result of injury or disease incurred while serving in an active duty status during specified periods of military hostilities, as listed above, may be eligible for posthumous citizenship..
Form N-644, Application for Posthumous Citizenship, must be filed on behalf of the deceased service member within 2 years of his or her death. If approved, a Certificate of Citizenship will be issued in the name of the deceased veteran establishing posthumously that he or she was a U.S. citizen on the date of his or her death.
Where to get help with immigration matters
At Geygan and Geygan, we focus our practice on immigration matters so we are uniquely qualified to help you and your family. Each of our attorneys are veterans who served in periods of hostilities. We offer additional assitance and resources to military members and their families. Success with immigration matters requires a full understanding of the facts, the immigration law and the current policies. Please contact our office to discuss how we can help you. All conversations are confidential.
It’s easy to get help. Call or email our immigration lawyers today (Thomasjr@geygan.com.) We will gently walk you through your immigration issues and aggressively fight for your legal rights. Call Geygan & Geygan today: 513-793-6555.