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Naturalization Workshop for the Military

USCIS Information and Customer Service DivisionCustomer Assistance Office

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Objectives•Review general steps of naturalization process

•Completing the N-400, G-325B, and N-426

•Certification for military or naval services

•Identify problematic situations

•Waivers, exceptions and special cases

•Child Citizenship Act of 2001

•Posthumous benefits

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•Determine eligibility requirements for military personnel and family members

•Define the key terminology relevant to naturalization processes

At the conclusion of the workshop, you should be able to do the following:

Workshop Expectations

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U.S. Citizenship

Citizenship is one of the most coveted gifts that the U.S. government can bestow and the most important immigration benefit that USCIS can grant. Most people become U.S. citizens in one of two ways:

•By birth, either within the territory of the United States or to U.S. citizen parents, or

•By naturalization

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Contiguous United States or U.S. Territories•United States

•Guam

•Panama Canal Zone

•American Samoa

•Swains Island

•Virgin Island

•On a U.S. flag ship after 1997

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Naturalization Information for Military Personnel•Army

•Navy

•Marine Corp

•Air Force

•Coast Guard

•Certain Reserve components of the National Guard

•Selected Reserve of the Ready Reserve

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Naturalization Requirements

•Completed N-400, Application for Naturalization, G-325B, Biographic Information, N-426, Request for Certification of Military or Naval Service, and FD-258, Fingerprint Card or Fingerprint Authorization Form.

•Ability to read, write, and speak English

•Knowledge and understanding of U.S. history and government

•Good moral character

•Attachment to the principles of the U.S. Constitution

•Favorable disposition toward the United States

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Section of Law for Armed Forces

All naturalization applicants

filing under the military

provisions of Section 328 or

329 of the Immigration and

Nationality Act (INA) need to

be members of the United

States Armed Forces.

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Section 328 Requirements

•Must be lawful permanent residence at time of filing

•Serving in US military, honorable service, or was honorably discharged within 6 months at time of filing N-400, Application for Naturalization

•Has at least one year of service under honorable conditions at time of filing

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What Is Section 329?

Military personnel are eligible to apply for citizenship under special provisions provided for in the Immigration and Nationality Act (INA) Section 329.

•Honorable service in active duty military status during period of war/hostility declared by President in Executive Order

•Became a Legal Permanent Resident (LPR) after enlistment/ induction, or enlisted/re-enlisted while in the United States, whether or not applicant is a LPR

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Dates Specified in Section 329

•World War I

•Between Sept. 1, 1939, and Dec. 31, 1946 (World War II)

•Between June 25, 1950, and July 1, 1955 (Korean War)

•Between Feb. 28, 1961, and Oct. 15, 1978 (Vietnam War)

•Between Aug. 29, 1990, and April 11, 1991 (Persian Gulf War)

•Between Sept. 11, 2001, and Present (War on Terrorism)

Conflict and dates designated in Section 329:

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Selective Service

All males between the ages of 18 and 26 residing in

the United States must register for Selective Service.

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Address for Application Purposes

May use the address of one of the following:

•Physical residence three months prior to joining Armed Forces

•Residence of spouse or minor children

•Home of record

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Fee Waiver

•Fees have been waived for military personnel effective October 1, 2004.

•Fee may not be waived for family members – the family members may qualify for a fee waiver under 8 CFR 103.7(c)

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Constitutional Attachments

•Acceptance of the constitutional process and willingness to obey the laws of the United States

•Modified oath permissible due to religious or personal objection

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Point of Contact Assistance•Designated military official or point of contact (POC) under each branch of the military will assist their members who are applying for naturalization under Section 328 or 329.

•The designated POC will:

– Pre-certify the N-426

– Conduct the G-325B background check

– Refer the applicant to be fingerprinted at an Application Support Center (ASC), consulate, or military installation abroad

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Exceptions

•Applicants and petitioners residing abroad

•United States consular or military installation abroad

•DO NOT need to be fingerprinted by USCIS

•FD-258 filed the same time as the application

•Fingerprints taken within one year of filing the application

•FP authorization form

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Form N-426─Request for Certification of Military or Naval ServiceThe applicant completes the front page regarding service information; the back is verified and certified by the military POC.

•Certifying official completes pages 2, 4, and 6 only -

•Applicant completes pages 1, 3, and 5 only

Please ensure the pages indicated above are completely filled out and that you have not omitted any information.

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N-400─Application for NaturalizationPlease read and follow instructions for completing N-400.

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Passport-Style PhotosNEW!─USCIS now uses passport-style photos using full-frontal face position

Right Wrong

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G-325B─Biographical Information

This document is for used

by the Armed Forces for

military personnel only; it is

not used for family

members.

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Application Process

If you qualify…

Every military installation

should have a designated

POC to handle your

application and certify your

Request for Certification of

Military or Naval Service (N-

426).

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Potential Problems with Application Process•N-426 form not properly certified by designated military POC

•G-325B form not completed properly

•Applicant not referred to ASC for fingerprinting prior to filing

•Applicant does not receive assistance from local unit/base

•Applicant filed at wrong Service Center

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Potential Problems With Overseas Applications•Lists foreign mailing address

•Lists APO/FPO or foreign residential address

•No interview site identified

•Fingerprints unacceptable

•No fingerprints submitted with case

•Dates of availability not listed

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Where to File

Nebraska Service CenterP.O. Box 87426Lincoln, Nebraska 68501-7426

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Naturalization Test Exceptions

These exceptions apply for all applicants:

•English literacy:

– 50 years old and 20 years of residency

– 55 years old and 15 years of residency

•Modified government and history:

– 65 years old and 20 years residency

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Naturalization Text ExamplesCivics

•Who is the President of the United States?

•There are how many stars on the flag?

•I want to be a citizen of the (United States).

•I want to become an American citizen so I can (vote).

English Literacy

•He has a big dog.

•He came to live with his brother.

•I came to _____(city) today.

•I drive a blue car.

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Oath Ceremony

•Notice providing location, date, and time of ceremony will be sent once the applicant is approved.

•Changes as of October 1, 2004:

– No fees will be charged when members of the Armed Forces file for naturalization.

– The naturalization process is now available overseas to members of the Armed Forces at U.S. embassies, consulates, and, where practical, at military installations abroad.

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Overseas Naturalization

As of October 1, 2004, military applicants naturalizing overseas should notify either the Rome or Seoul Consulates of their intention.

•Rome.Natz@DHS.gov

•CIS.Seoul@ DHS.gov

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Overseas CeremoniesNaturalization ceremonies have taken place in numerous overseas locations:

•Iraq

•Afghanistan

•Rome

•Frankfurt

•Seoul

•Tokyo

•Okinawa

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N-336─Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336 of the Act

If you are denied citizenship, you may file a Request

for a Hearing on a Decision in Naturalization

Proceedings Under Section 336 of the Act (N-336).

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Additional Information

If you are married to a U.S. citizen who is a member of the U.S. Armed Forces and your spouse is, or will be, deployed abroad by the Armed Forces for one year, you may be, eligible for expedited naturalization under Section 319(b) of the Immigration and Nationality Act (INA). Please refer to the USCIS Guide to Naturalization (page 22) at http://uscis.gov/graphics/services/natz/English.pdf.

Military Spouses ─ Spouses of US citizens Deployed Abroad

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Additional Information (Continued)

•Automatic citizenship for biological and adopted child if:

─Under 18 at time of parent’s naturalization

─Lawful Permanent Resident (green card)

─Legal and physical custody of parent

•Stepchildren are NOT eligible. Parents may file N-600, Application of Certification of Citizenship, to obtain proof of citizenship

Child Citizenship Act of 2001─ Enacted on Feb. 27, 2001

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Section 329A─Posthumous Citizenship

•Posthumous benefits ─ The Immigration and Nationality Act (INA) allows for awarding of posthumous citizenship to active-duty military personnel who died while serving in the Armed Forces. In addition, surviving family members seeking immigration benefits are given special consideration.

•Request for posthumous citizenship ─ The request is accompanied by a duly authenticated certificate from the executive department under which the person served that states the person satisfied the requirements of this law and the Director finds that the person satisfied the requirements.

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Questions?

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