Chapter 3 - Military Service during Hostilities (INA 329)

A. General Eligibility through Military Service during Hostilities

Members of the U.S. armed forces who serve honorably for any period of time during specifically designated periods of hostilities may be eligible to naturalize.^[1]

The applicant must establish that he or she meets all of the following criteria in order to qualify:

• The applicant may be of any age.
• The applicant must have served honorably in the U.S. armed forces during a designated period of hostility.
• The applicant must either be a lawful permanent resident (LPR) or have been physically present at the time of enlistment, reenlistment, or extension of service or induction into the U.S. armed forces:
  • In the United States,^[2] the Canal Zone, American Samoa, or Swains Island, or
  • On board a public vessel owned or operated by the United States for noncommercial service.
• The applicant must be able to read, write, and speak basic English.
• The applicant must demonstrate knowledge of U.S. history and government.
• The applicant must demonstrate good moral character for at least 1 year prior to filing the application until the time of his or her naturalization.
• The applicant must have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the United States during all relevant periods under the law.

An applicant who files on the basis of military service during hostilities is exempt from the general naturalization requirements of continuous residence and physical presence.^[3]

As with all cases, all pertinent background checks, including applicable U.S. Department of Defense (DOD) checks (if required)^[4] must be completed before USCIS may interview the naturalization applicant.

B. Honorable Service

1. Qualifying Military Service

Qualifying military service is honorable service in the Selected Reserve of the Ready Reserve or active duty service in the U.S. Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard. Service in the National Guard may also qualify.^[5] In general, international cadets attending U.S. military academies are not considered to have served in the U.S. armed forces.^[6]

Honorable service means service in the U.S. armed forces that is designated as honorable service by the executive department under which the applicant performed that military service.

INA 329 requires both honorable service and, if the applicant has separated from service, a separation under honorable conditions.^[7] “Honorable,” “General-Under Honorable Conditions,” and "Uncharacterized"^[8] discharge types qualify as a separation under honorable conditions for immigration purposes. Other discharge types, such as “Other Than Honorable,” “Bad Conduct,” and “Dishonorable,” do not qualify as a separation under honorable conditions.

2. Multiple Periods of Service

Applicants who have multiple periods of service must demonstrate that they have at least one qualifying period of service to establish eligibility under INA 329. A qualifying period of service is a period of service during which the applicant served honorably as a member of the Selected Reserve of the Ready Reserve or on active duty in the U.S. armed forces during a designated period of hostilities, and if separated, was separated under honorable conditions.

Therefore, an applicant who was separated under honorable conditions from a qualifying period of service may be eligible for naturalization under INA 329 even if the applicant received a different type of discharge from any other period of service, including during a designated period of hostilities.

For example, an applicant may have enlisted in October 1975, and served honorably on active duty for one entire period of service until 1978. The applicant is honorably discharged and immediately reenlists for a second period of service for 2 more years starting in 1978 and ending in 1980. During the second period of service (1978-1980), the applicant is discharged under “other than honorable conditions.” This applicant, if able to demonstrate good moral character and meet all other naturalization requirements, is eligible to naturalize under INA 329 based on the first qualifying period of service (1975-1978).

Similarly, an applicant who was previously separated with a discharge type that was not under honorable conditions, but subsequently reenlisted or was reinstated to service, may qualify for naturalization based upon the subsequent qualifying period of service if the executive department under which the applicant performed the subsequent period of service certifies that the applicant served honorably and, if separated, was separated under honorable conditions.

3. Certification by Executive Department

The executive department provides its certification on the Request for Certification of Military or Naval Service (Form N-426) and, in the case of an applicant who has separated from service, on the Certificate of Release or Discharge from Active Duty (DD Form 214), Report of Separation and Record of Service (NGB Form 22), or other official discharge document.

C. National Guard Service

An applicant filing on the basis of military service during hostilities^[9] who has National Guard service may qualify if the applicant has honorable service in either the U.S. armed forces or in the Selected Reserve of the Ready Reserve.^[10] USCIS does not require proof of federal activation for a National Guard applicant if the applicant served in the Selected Reserve of the Ready Reserve during a designated period of hostility.^[11]

The National Guard determines when one of its members is a member of the Selected Reserve of the Ready Reserve; however, most National Guard members adhere to Selected Reserve training requirements and are members of the Selected Reserve of their respective services.

When a National Guard member is a member of the Selected Reserve of the Ready Reserve, the member may apply for naturalization under INA 329 based on that service, if otherwise eligible. The applicant does not need to have active duty service or be part of the National Guard during such time as the unit is federally recognized as a reserve component of the armed forces in order to qualify under INA 329.

D. Designated Periods of Hostilities

The Immigration and Nationality Act (INA) and Presidential Executive Orders have designated the following military engagements and ranges of dates as periods of hostilities.^[12]

On July 3, 2002, President George W. Bush issued Executive Order 13269, which has designated a period of hostilities and has permitted the expedited naturalization for noncitizens eligible under INA 329 as of September 11, 2001. The current designated period continues to be a designated period of hostilities for INA 329 purposes until the President issues a new Executive Order terminating the designation.^[19]

E. Eligibility as Permanent Resident or if Present in United States at Induction or Enlistment

In general, an applicant who files on the basis of military service during hostilities^[20] is not required to be an LPR if he or she was physically present at the time of induction, enlistment, reenlistment, or extension of service in the U.S. armed forces:

• In the United States, the Canal Zone, American Samoa, or Swains Island; or
• On board a public vessel owned or operated by the United States for noncommercial service.

In addition, an applicant who is lawfully admitted for permanent residence after enlistment or induction is also eligible for naturalization under this provision regardless of the place of enlistment or induction.

F. Conditional Permanent Residence and Naturalization during Hostilities

If the applicant is a conditional permanent resident and is eligible to naturalize on the basis of military service during hostilities^[21] without being an LPR based on being in the United States during enlistment or induction, the applicant is not required to file or have an approved Petition to Remove Conditions on Residence (Form I-751) before his or her Application for Naturalization (Form N-400) may be approved.

G. Department of Defense Military Accessions Vital to National Interest Program

The general guidance in this section is from information provided by the Department of Defense (DOD) on its former Military Accessions Vital to National Interest (MAVNI) program. USCIS is providing this general information in the Policy Manual to assist current and former service members and their families.^[22]

1. Military Accessions Vital to National Interest Program

In 2009, DOD authorized the MAVNI pilot program as a recruitment tool to enlist certain nonimmigrants and other noncitizens who had skills that were considered vital to the national interest of the United States.^[23] The program applies to certain health care professionals and noncitizens who were fluent in certain foreign languages.^[24]

A noncitizen entering active duty status or service in the Selected Reserve of the Ready Reserve may apply for military naturalization after the noncitizen’s Request for Certification of Military or Naval Service (Form N-426) has been properly authorized, completed, and signed by the appropriate person authorized by DOD.^[25] USCIS is unable to adjudicate a naturalization application for current service members without a properly submitted Form N-426.

Calixto Settlement Agreement Applicants

On September 22, 2022, the U.S. Army entered into a settlement agreement to settle Calixto, et al., v. U.S. Dep’t of the Army, et al. (Calixto Agreement).^[26] In the settlement agreement, the Army agreed to certify Forms N-426 for certain Army enlistees, including some enlistees who never began a qualifying period of service in the Army. By certifying the Form N-426, the Army is certifying that the enlistees served honorably on active duty or in the Selected Reserve of the Ready Reserve during a designated period of hostilities such that the enlistees could apply for military naturalization under INA 329. 

Certain applicants who enlisted in the U.S. Army, including the Selected Reserve of the Ready Reserve Delayed Training Program (DTP) or Regular Army Delayed Entry Program (DEP), through the MAVNI pilot program on or before September 30, 2017, may receive a certified Form N-426 under the terms of the Calixto Agreement. Such applicants become eligible to apply for naturalization under INA 329 as a result of the certified Form N-426, even before attending initial entry training.

Under the Calixto Agreement,^[27] if the applicant was not discharged as of September 22, 2022 or had received an uncharacterized discharge from the U.S. Army by that date, the Army considers the applicant to have served honorably and certifies a Form N-426 on their behalf even if they did not attend initial entry training.

Applicants are required to submit a certified Form N-426 signed by a person authorized by the U.S. Army to certify the form. Applicants may also provide a copy of the September 22, 2022, Calixto Agreement with their naturalization application and with their certified Form N-426 as a substitute for identifying the type and duration of service in the Form N-426, and as evidence of honorable service or an under honorable conditions discharge.^[28] Including the agreement and annotating on the Application for Naturalization (Form N-400) and Form N-426 with "Calixto" at the top helps USCIS identify class members and provide for more efficient processing.^[29]

2. General Eligibility Requirements

Eligible Candidates

To be eligible for the MAVNI program, the DOD requires applicants to be in one of the following immigration categories or authorized stays at the time of enlistment into the U.S. armed forces:

• Asylee;
• Refugee;
• Beneficiary of Temporary Protected Status (TPS);
• Person granted deferred action by USCIS under the Deferred Action for Childhood Arrivals (DACA) policy; or
• Nonimmigrant in any of the following categories: E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V.

Valid Status for 2 Years

The DOD requires most applicants for MAVNI to have been in a valid status in one of the eligible immigration categories or authorized stays listed above for at least 2 years immediately preceding the date of enlistment. The applicant is not required to be in the same qualifying category or authorized stay listed above for those 2 years on the date of enlistment.

The DOD may exempt or waive the 2-year requirement for certain applicants. Specifically, the DOD does not require DACA recipients to meet the 2-year requirement. In addition, the DOD will consider waiving the requirement that an applicant to the MAVNI program be in valid immigration status or within a period of authorized stay at the time of enlistment on a case-by-case basis under certain circumstances.^[30]

3. Other Factors to Consider

Nonimmigrants and Absences from United States

Under DOD guidance, most applicants to the MAVNI program under a qualifying nonimmigrant category at the time of enlistment must not have been absent from the United States for more than 90 days during the 2-year period immediately preceding the date of enlistment.^[31] The DOD does not apply this 90-day limitation on absences to DACA recipients.

Foreign Residency Requirement

A nonimmigrant exchange visitor under the J nonimmigrant visa classification may be eligible to apply for the MAVNI program with the DOD. Certain nonimmigrant exchange visitors are subject to a statutory foreign residence requirement.^[32] J exchange visitors who enlist in the military through the MAVNI program are not required to comply with the foreign residence requirement in order to naturalize.^[33] In addition, the dependent spouse or child of the exchange visitor is not required to comply with the foreign residence requirement.^[34]

Adjustment of Status Applicants

The DOD does not disqualify otherwise eligible applicants to the MAVNI program by virtue of having a pending adjustment of status application with USCIS.^[35]

H. Veterans Residing Outside the United States

Admission or Parole into United States for Naturalization Interview

Applicants who reside outside the United States and have separated from the military are required to appear for an interview in the United States.^[36] All noncitizens must be inspected and admitted or paroled in order to enter the United States.^[37]

If seeking parole into the United States, the applicant may file the naturalization application concurrently with an Application for Travel Document (Form I-131) without a fee to seek an advance parole document for a humanitarian or significant public benefit parole before entering the United States, if necessary.^[38] USCIS coordinates with the applicant to schedule an interview date and location.

Documentation

An applicant who is concurrently seeking naturalization and an advance parole document must provide all the required documentation to establish eligibility for naturalization with Application for Naturalization (Form N-400),^[39] including a police clearance from every place of residence outside the United States within 1 year of filing the naturalization application. In addition, the applicant is required to provide documentation to establish eligibility for an advance parole document with Form I-131, including submitting an Affidavit of Support (Form I-134).^[40]

USCIS will inform the applicant if they need to submit biometrics in connection with the naturalization application at an authorized site such as a U.S. embassy, U.S. consulate, or U.S. military installation.

In addition, the applicant submitting Form I-131^[41] is required to provide documentation to establish eligibility for an advance parole document.

Land Port of Entry

At its discretion, USCIS may coordinate with U.S. Customs and Border Protection (CBP) to facilitate a naturalization interview at a land port of entry, if necessary. USCIS notifies and coordinates with the applicant to schedule an appointment and process the naturalization application. If the application is approved, the applicant may be administered the Oath of Allegiance at the port of entry unless a court has exclusive authority to administer the oath.^[42]

Failure to Appear at Interview

USCIS considers the applicant to have abandoned his or her application and administratively closes the application in cases where the applicant:

• Fails to appear at his or her scheduled naturalization interview at a port of entry; and
• Fails to notify USCIS of the reason for nonappearance within 30 days of the scheduled interview.

USCIS considers subsequent correspondence from an applicant within 1 year of the administrative closure a request to reopen the application.^[43]

Jurisdiction

The USCIS office having jurisdiction over the applicant’s last residence within the United States or Outlying Possession (OLP) maintains jurisdiction over the naturalization application.^[44] If there is no evidence in the application to establish the applicant’s last place of residence in the United States or OLP, the field office should review the service record for the address of record at the time of departure.

If the applicant requests to have the naturalization interview conducted at a USCIS office other than the office having jurisdiction based on the applicant’s last residence, or at a port of entry, the office having jurisdiction may coordinate, if practicable, with the appropriate office to accommodate the request. Even if such a request for an interview is approved, the original office retains jurisdiction over the adjudication of the naturalization application. If USCIS determines that the applicant will be interviewed at a port of entry, the office retaining jurisdiction may elect to travel to the port of entry to conduct the interview or coordinate with the field office closest to the port of entry to conduct the interview.

Footnotes

[^ 1] See INA 329.

[^ 2] Includes the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. See INA 101(a)(38).

[^ 3] See INA 329(b). See 8 CFR 329.2(e).

[^ 4] Including Defense Clearance Investigation Index (DCII) queries. See Chapter 6, Required Background Checks [12 USCIS-PM I.6] for information on background checks and fingerprint requirements for applicants applying for naturalization based on military service. Additionally, in certain cases involving applicants recruited through the Military Accessions Vital to the National Interest (MAVNI) program, USCIS requires DOD background and security checks to be completed and reviews any derogatory information DOD obtained regarding an applicant. USCIS does not require any DOD adjudication of the applicant’s suitability for military service, including a Military Service Suitability Recommendation or a Military Service Suitability Determination, to be complete before interviewing or beginning adjudication of a naturalization application, and the outcome of any such DOD adjudication does not determine the outcome of the naturalization adjudication.

[^ 5] See Section C, National Guard Service [12 USCIS-PM I.3(C)].

[^ 6] In general, a military academy cadet who is a U.S. citizen or national is considered to be serving in the U.S. armed forces, but international cadets attending U.S. military academies are not considered as having served in the U.S. armed forces. This is because international cadets, sponsored by their home country, are generally considered to be serving in their home country’s military and are obligated to serve in their home country upon graduation.

[^ 7] See INA 329(a). See 8 CFR 329.2(a). See 8 CFR 329.2(b).

[^ 8] See Enlisted Administration Separations (PDF), U.S. Department of Defense Instruction No. 1332.14, Enclosure 4, Section 3(c)(1)(c), signed January 27, 2014 (effective Sept 1, 2021) (“With respect to administrative matters outside this instruction that require a characterization as honorable or general, an entry-level separation will be treated as the required characterization.”). See Alam v. USCIS, et al., __ F.Supp.3d __ (D.Minn. Mar. 21, 2022).

[^ 9] See INA 329.

[^ 10] See 8 CFR 329.1. See 10 U.S.C. 10143 for more information on the Selected Reserve of the Ready Reserve.

[^ 11] The National Guard and Reserve service requirements under INA 329 differ from those under INA 328. See Chapter 2, One Year of Military Service during Peacetime (INA 328), Section C, National Guard Service [12 USCIS-PM I.2(C)].

[^ 12] See 8 CFR 329.1 and 8 CFR 329.2.

[^ 13] See 8 CFR 329.1 and 8 CFR 329.2. Declared by Joint Resolution of Congress of April 6, 1917 (40 Stat. 429, Ch. 1) and Joint Resolution of Congress, December 7, 1917 (40 Stat. 429, Ch. 1). Armistice signed, November 11, 1918.

[^ 14] See 8 CFR 329.2. See Proclamation No. 2714, Cessation of Hostilities of World War II, 61 Stat. 1048 (December 31, 1946).

[^ 15] See 8 CFR 329.2.

[^ 16] See 8 CFR 329.2. See Exec. Order No. 12081, Termination of Expeditious Naturalization Based on Military Service, 43 FR 42237 (September 18, 1978).

[^ 17] See 8 CFR 329.2. See Exec. Order No. 12939, Expedited Naturalization of Aliens and Noncitizen Nationals Who Served in an Active-Duty Status During the Persian Gulf Conflict, 59 FR 61231 (November 22, 1994).

[^ 18] See 8 CFR 329.2. See Exec. Order No. 13269, Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism, 67 FR 45287 (July 3, 2002).

[^ 19] See 8 CFR 329.2. See Exec. Order No. 13269, Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism, 67 FR 45287 (July 3, 2002).

[^ 20] See INA 329.

[^ 21] See INA 329.

[^ 22] For further information and details of the DOD program, see the DOD MAVNI Fact Sheet (PDF) or contact the DOD.

[^ 23] The Secretary of Defense authorized the pilot program. See the DOD MAVNI Fact Sheet (PDF).

[^ 24] See sections on health care professionals and eligible languages in the DOD MAVNI Fact Sheet (PDF).

[^ 25] MAVNI enlistees should speak with their commanding officers for additional information regarding the circumstances under which the military departments will sign and certify the Form N-426.

[^ 26] Entered into under Calixto, et al., v. U.S. Dep’t of the Army, et al., 1:18-cv-01551 (D.D.C. Sept. 22, 2022).

[^ 27] See Calixto, et al., v. U.S. Dep’t of the Army, et al., 1:18-cv-01551 (D.D.C. Sept. 22, 2022).

[^ 28] The settlement agreement may be used as a substitute for identifying the applicant’s type of service and periods of service.

[^ 29] For applicants filing online, annotate "Calixto" only on top of Form N-426.

[^ 30] See section on eligibility in the DOD MAVNI Fact Sheet (PDF).

[^ 31] See section on eligibility in the DOD MAVNI Fact Sheet (PDF).

[^ 32] See INA 212(e).

[^ 33] The J exchange visitor is not required to obtain a waiver of the INA 212(e) foreign residence requirement. See INA 329.

[^ 34] A J-1 exchange visitor’s dependent spouse or child is issued a J-2 nonimmigrant visa.

[^ 35] See Form I-485, Application to Register Permanent Residence or Adjust Status. See section on eligibility in the DOD MAVNI Fact Sheet (PDF).

[^ 36] USCIS does not have statutory authority to conduct naturalization interviews and oath ceremonies overseas for those veterans who reside outside of the United States. See INA 104(a), which grants U.S. Department of State (DOS) authority to determine the nationality of a person who is outside the United States. See 8 U.S.C. 1443a, which authorizes USCIS to conduct naturalization interviews and oath ceremonies for current members of the U.S. armed forces outside of the United States, but does not extend to veterans.

[^ 37] See INA 235(a)(3). A noncitizen may qualify for parole under INA 212(d)(5).

[^ 38] Both the Form N-400 and Form I-131 are fee exempt for current and former service members. In some cases, such as where an applicant has been deported or removed from the United States, U.S. Immigration and Customs Enforcement (ICE) has jurisdiction over the request for an advance parole document. In those cases, USCIS will send Form I-131 to ICE for adjudication.

[^ 39] See Chapter 5, Application and Filing for Service Members (INA 328 and 329), Section A, Required Forms [12 USCIS-PM 5.A].

[^ 40] See Form I-131, Application for Travel Document and Form I-134, Affidavit of Support. See also Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States.

[^ 41] See Form I-131, Application for Travel Document and Form I-134, Affidavit of Support. See also Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States.

[^ 42] See Part J, Oath of Allegiance, Chapter 6, Judicial and Expedited Oath Ceremonies [12 USCIS-PM J.6] for more information about courts exercising exclusive authority to administer the oath. In some cases, the court may refer the applicant to USCIS for an expedited oath ceremony and relinquish exclusive jurisdiction as to that applicant. If that occurs, USCIS may administer the Oath of Allegiance at the port of entry even if the port of entry is located in an area where the court generally has exclusive authority to administer the oath.

[^ 43] See 8 CFR 335.6.

[^ 44] See INA 329. USCIS should not apply the 3- or 5-year residency requirement if the applicant served during a designated period of hostilities.