NJ Immigration.US

Background

U.S. Citizenship and Immigration Services (USCIS) offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad. USCIS established a military assistance team to ensure that the military community receives quick and secure access to accurate information. Below is a list of answers to frequently asked questions received by our military assistance team.

Questions and Answers

Q.   I am a Conditional Resident, an active member of the U.S. Armed Forces, and have filed an Application for Naturalization (Form N-400), based on qualifying military service. My Conditional Residence is going to expire in the upcoming months. Do I need to file a Petition to Remove the Conditions on Residence (Form I-751), to acquire Permanent Resident status even if my Application for Naturalization is pending?

A.   If you were enlisted or inducted in the United States (or the Canal Zone, American Samoa, or Swain’s Island, or onboard a public vessel owned or operated by the U.S. for noncommercial service), and are applying under section 329 of the Immigration and Nationality Act (INA), you are not required to file Form I-751 while your Application for Naturalization is pending. However, if at the time of enlistment or reenlistment you were not enlisted or inducted in those geographical areas, you are required to file a Form I-751 while your application is pending. If your Form N-400 is denied for any reason, you will be required to file Form I-751 if you have not already done so to acquire Permanent Resident status.

Q.   I served in the U.S. Armed Forces for more than one year but have recently been separated from military service.  Am I eligible to file Form Application for Naturalization (Form N-400) based on qualifying military service ?
A.   You may file an Application for Naturalization (Form N-400), even if you are honorably separated from the military, based upon eligibility under section 328 or 329 of the INA. If you served honorably in any branch of the U.S. Armed Forces for a period exceeding one year, you may claim eligibility under section 328 of the INA. If you served during a specified period of hostility, to include September 11, 2001, to present, you may claim eligibility under section 329 of the INA regardless of the length of service.

Q.   I filed an  Application for Naturalization (Form N-400), based on qualifying military service and required to submit Request for Certification of Military or Naval Service (Form N-426), to USCIS but have separated from the military.  How do I fulfill this requirement?
A.   If you have separated from the military and no longer have access to a military certifying official, you have the following options:

Option 1: USCIS will accept an uncertified Form N-426 as long as you have completed and signed Form N-426 in addition to providing to USCIS a photocopy of your DD Form 214, Certificate of Release or Discharge from Active Duty. The photocopy of your DD Form 214 must include all dates of military service listed on Form N-426 as well as identify your type of separation and character of service (this information is found on page “Member-4″.)

Option 2: If you are unable to submit a photocopy of your DD Form 214, you can complete and sign Form N-426, then send it to the applicable military personnel records center with a Standard Form 180, Military Records Request, and request certification of Form N-426.

Q.   I am a spouse of a member of the U.S. Armed Forces, and USCIS has scheduled me and my spouse for an initial interview on my pending Application to Register Permanent Residence or Adjust Status (Form I-485).  My husband is currently on an overseas military assignment. Can the Form I 485 initial interview take place without my husband being present?
A.   USCIS has the authority to waive initial interviews on Form I-485 on a case-by-case basis. If you and your spouse are requested to appear for an initial interview related to the concurrent filing of Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status, you should appear for the initial interview and provide USCIS with evidence of your spouse’s overseas military assignment. The USCIS officer may reschedule the interview so your spouse can be present or proceed with the initial interview.

Q.   I am a spouse of a member of the U.S. Armed Forces and have filed a Petition to Remove the Conditions on Residence (Form I-751), while on an overseas military assignment with my spouse. Will my Form I-751 be adjudicated while we are overseas or will it remain pending until my spouse and I return to the U.S.?
A.   If USCIS determines that you have submitted sufficient evidence to demonstrate a bona fide marital union, USCIS may proceed with adjudication regardless of your geographical location. If USCIS is unable to determine your eligibility for the immigration benefit, USCIS will withhold adjudication until you and your spouse are able to be interviewed within a USCIS Field Office to establish your eligibility.

Q.   How can I expedite my Petition for Alien Relative (Form I-130), to bring my spouse to the United States?  Is there a way she/he can enter the United States while the petition is being processed?
A.   Citizens of the United States, who are serving in the U.S. Armed Forces, and have a Petition for Alien Relative (Form I-130) pending on behalf of their spouse, may e-mail or telephone the USCIS military assistance team and ask for expedited processing of that petition. While the petition is pending, your spouse may enter the United States on a K-3 nonimmigrant visa. To apply for a K-3 visa, citizens of the United States must file a Petition for Alien Fiancé (é) (Form I-129F), on behalf of the alien spouse. An approved Form I-129F will allow your spouse to enter the United States in a valid K-3 nonimmigrant visa status. If USCIS approves Form I-130 while your alien spouse is in the United States holding a K-3 nonimmigrant visa, your alien spouse can file an Application to Register Permanent Residence or Adjust Status (Form I-485), to apply to become a Lawful Permanent Resident.

Q.   I am a spouse of a member of the U.S. Armed Forces and have filed an Application to Replace Permanent Resident Card (Form I-90). I am currently overseas since my spouse has official Permanent Change of Station (PCS) orders reassigning her/him to an overseas duty station. If the application is approved will my Permanent Resident Card be mailed to an APO/FPO address?
A.   If you provided a valid APO/FPO mailing address at the time of filing Form I-90, USCIS will mail your permanent resident card to the APO/FPO address you identified.

Q.   I am stationed abroad serving on active duty in the U.S. Armed Forces, how can I notify USCIS of my APO/FPO mailing address?
A.   Members of the military stationed abroad should notify USCIS of their new address by contacting the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-CIS-4MIL (1-877-247-4645). We are working to add APO and FPO address changes to the online change of address tool and anticipate this option to be available soon. It is important to notify USCIS when your address changes so that you and your family members may continue to receive information and correspondence about immigration benefits and services.

Q.   I am a member of the U.S. Armed Forces scheduled for an appointment at a USCIS office in the United States for my Application for Naturalization, but I am now at an overseas duty station.  What do I do?
A.   If you have an appointment for a naturalization interview or an oath ceremony, and you have transferred overseas, contact USCIS and request to have your case transferred to the nearest USCIS overseas office. You or your military installation’s USCIS liaison can request this by contacting the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-247-4645.

Q.   I have filed the Application for Naturalization (Form N-400), based on qualifying military service and I asking for overseas processing. I do not have access to the 2 FD-258 Fingerprint Cards. How can I submit my fingerprint information to USCIS so my application process can continue?
A.   USCIS can use your enlistment fingerprints or fingerprints submitted for previous immigration purposes, if the fingerprints on file are readable. In instances where it takes USCIS more than 90 days to receive your enlistment prints, the Nebraska Service Center will send you a letter requesting 2 completed FD-258 fingerprint cards. If you are unable to complete the FD-258 cards, you should contact the Nebraska Service Center via the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-247-4645.  USCIS will continue processing your case while awaiting submission of your enlistment fingerprints.

For help with your immigration issues, contact the immigration attorneys at Garces & Grabler.

For more information about Immigration Law, visit our website at www.GarcesGrabler.com

What is an Employment Authorization Document?
U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

• EAD: This document proves you are allowed to work in the United States.
• Renewal EAD: You cannot file more than 120 days before your original employment authorization expires.
• Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.

What Does the Law Say?
The Immigration and Nationality Act is a law that governs the admission of all persons to the United States. For the part of the law about Employment Authorization Documents, please see INA § 274A. The Code of Federal Regulations [CFR] discusses the employment authorization responsibilities of both employers and employees at 8 CFR § 274a.

Who is Eligible?

• The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.
• If you are a U.S. citizen, you do not need an Employment Authorization Document.
• If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States.
• If you are authorized to work for a specific employer, such as a foreign government, you do not need an Employment Authorization Document. Your passport and your Form I-94 (Arrival-Departure Record) proves that you may work in the United States. Please see 8 CFR 274a.12(b), which provides a full list of the categories of people who do not need to apply for an EAD.

How Do I Apply?
You may be eligible to file Form I-765 electronically. Please see our Introduction to E-Filing USCIS Forms for more information. The procedures for forms electronically filed with USCIS are different than described in the following paragraphs. If you are not eligible for electronic filing,you must file an Form I-765 (Application for Employment Authorization) by mail with the USCIS Regional Service Center that serves the area where you live. Please read the entire application carefully and submit the right documents, photos, and fee.

How Can I Check the Status of My Application?
Please see our information on checking the status of your application.

How Can I Appeal?
If your application for an Employment Authorization Document is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision to a higher authority. However, you may submit a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider their decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made.

For assistance with filing these motions, contact the immigration lawyers at Garces & Grabler.

For more information about immigration law, visit our website at www.GarcesGrabler.com

U.S. Citizenship and Immigration Services (USCIS) officials traveled to Afghanistan this week to process applications and interview 125 members of the military who have applied to become U.S. citizens. These USCIS officials are on site to ensure that every eligible servicemember can participate in a special Memorial Day naturalization ceremony at Bagram Air Base in Afghanistan.

“These USCIS officers volunteered to deploy in support of our military men and women serving in Afghanistan,” said acting USCIS Deputy Director Mike Aytes. “It is a privilege to support our nation’s servicemembers in their pursuit of citizenship, and we are humbled by their selfless service to the United States.”

All immigrants who have served honorably in an active-duty status for any period since Sept. 11, 2001, are eligible to apply for citizenship under special provisions in the Immigration and Nationality Act. Since then, USCIS officers have administered the Oath of Allegiance to more than 47,500 servicemembers. This includes naturalization ceremonies for more than 6,600 servicemembers in Afghanistan, Djibouti, Germany, Greece, Iceland, Iraq, Italy, Japan, Kenya, Kuwait, South Korea, Spain, the United Kingdom and onboard Navy flagships at sea.

USCIS conducts extensive outreach with the Department of Defense to ensure the military community has accurate information about immigration services and benefits. Specially trained USCIS customer service specialists staff the toll-free Military Help Line, (877) 247-4645 and assist servicemembers, their families, attorneys and others with military-specific naturalization and immigration issues.

For more information about becoming a United States citizen and the  Naturalization process, contact an immigration attorney at the Law Offices of Garces & Grabler.

The Department of State occasionally receives requests for certificates of non-citizen national status pursuant to Section 341(b)(2) of the Immigration and Nationality Act (INA), 8 USC 1452(b)(2).

As the title of the certificate indicates, only a person who qualifies as a non-citizen national (i.e. a person who is a U.S. national but not a U.S. citizen) is eligible to apply for such a certificate.

Very few persons fall within this category since, as defined by the INA, all U.S. citizens are U.S. nationals but only a relatively small number of persons acquire U.S. nationality without becoming U.S. citizens. Thus, Section 101(a)(22) INA states that all U.S. citizens are also nationals of the U.S. However, Section 308 INA confers U.S. nationality but not U.S. citizenship, on persons born in or having ties with “an outlying possession of the United States.” The outlying possessions are defined in Section 101(A)(29) INA as American Samoa and Swains Island. No other statutes define any other territories nor any of the states as outlying possessions. Those enumerated in section 308 INA as eligible for this status, in addition to those mentioned above, are those individuals born abroad to two American non-citizen national parents, or those born abroad to one alien parent and one non-citizen national parent. Also, there is a residency requirement placed upon the parents of the child prior to birth in order to transmit U.S. nationality.

In addition to Section 308 of the INA, Section 302 of Public Law 94 – 241 provides for certain inhabitants of the Commonwealth of the Northern Mariana Islands, who became United States citizens by virtue of Article III of the Covenant, to opt for non-citizen national status. (See requirements of Section 302).

As the Department has received few requests, there is no justification for the creation of a non-citizen national certificate. Designing a separate document that includes anti-fraud mechanisms was seen as an inefficient expenditure of resources. Therefore, the Department determined that those who would be eligible to apply for such a certificate may apply for a United States passport that would delineate and certify their status as a national but not a citizen of the United States.

If a person believes he or she is eligible under the law as a non-citizen national of the United States and the person complies with the provisions of 8 USC 1452(b)(1) and (2), he/she may apply for a passport at any Passport Agency in the United States.. When applying, applicants must execute a Form DS-11 and show documentary proof of their non-citizen national status as well as their identity.

Pertinent Sections of Law on Non-Citizen Nationality

Section 341 of the Immigration and Nationality Act:

(b) A person who claims to be a national, but not a citizen, of the United States may apply to the Secretary of State for a certificate of non-citizen national status. Upon – (1) proof to the satisfaction of the Secretary of State that the applicant is a national, but not a citizen, of the United States.

Section 101(a)(22) of the Immigration and Nationality Act:

The term “national of the United States” means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.

Section 101(a)(29) of the Immigration and Nationality Act:

The term “outlying possessions of the United States” means American Samoa and Swains Island.

Section 101(a)(36) of the Immigration and Nationality Act:

The term “State” includes the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the United States.

Section 308 of the Immigration and Nationality Act:

Unless otherwise provided in section 301 of this title, the following shall be nationals, but not citizens of the United States at birth:

(1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession;

(2) A person born outside the United States and is outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have had a residence in the United States, or one of its outlying possessions prior to the birth of such person;

(3) A person of unknown parentage found in an outlying possession of the United States while under the age of five years, until shown, prior to attaining the age of twenty-one years, not to have been born in such outlying possessions; and

(4) A person born outside the United States and its outlying possessions of parents one of whom is an alien, and the other a national, but not a citizen, of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than seven years in any continuous period of ten years -

(A) during which the national parent was not outside the United States or its outlying possessions for a continuous period of more than one year, and

(B) at least five years of which were after attaining the age of fourteen years.

The proviso of section (301(g) shall apply to the national parent under this paragraph in the same manner as it applies to the citizen parent under that section.

Section 302 of Public Law 94 – 241:

Any person who becomes a citizen of the United States solely by virtue of the provisions in Section 301 [applying to those born in or residing in the Northern Mariana Islands] may within six months after the effective date of that Section or within six months after reaching the age of 18 years, whichever date is later, become a national but not a citizen of the United States by making a declaration under oath before any court established by the Constitution or laws of the United States or any other court of record in the Commonwealth in the form as follows ” I _____ being duly sworn, hereby declare my intention to be a national but not a citizen of the United States.”

Introduction

U.S. Citizenship and Immigration Services (USCIS) is now responsible for initial adjudication of applications for asylum from Unaccompanied Alien Children, (UAC). The new procedures were created to carry out the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA). The TVPRA provides USCIS with initial jurisdiction over any asylum applications filed by unaccompanied children.

Background

On Dec. 23, 2008, former President Bush signed into law TVPRA, Public Law 110-457. The provisions of the TVPRA that apply to unaccompanied alien children took effect on March 23, 2009. Under one of these provisions, unaccompanied alien children who have been issued a Notice to Appear in immigration court will now file their initial application for asylum with USCIS. The TVPRA also provides an opportunity for unaccompanied alien children, who did not previously file for asylum with USCIS and who have a pending claim in immigration court, on appeal to the Board of Immigration Appeals, or in federal court, to have their asylum claim heard and adjudicated by a USCIS Asylum Officer in a non-adversarial setting.

In addition, the TVPRA makes the following changes that affect UACs applying for asylum:

• The Immigration and Nationality Act (INA) is amended so that the one-year filing deadline and any safe third country agreements do not apply to UACs.
• The Department of Health and Human Services (HHS) shall ensure pro bono counsel, to the greatest extent practicable and consistent with section 292 of the INA, for all UACs who either are or have been in its custody or in DHS custody.
• HHS is authorized to appoint independent child advocates for child trafficking victims and other vulnerable unaccompanied alien children.

Questions and Answers

Q. Who is an Unaccompanied Alien Child, (UAC)?
A. An Unaccompanied Alien Child (UAC) is a legal term referring to a child who: has no lawful immigration status in the United States; has not attained 18 years of age; and has no parent or legal guardian in the United States, or for whom no parent or legal guardian in the United States is available to provide care and physical custody.

Q. Who is affected by the new procedures for UACs?
A. The new procedures for filing the asylum application apply to a UAC, who has been issued a Notice to Appear in immigration court. These new procedures do not apply to accompanied children or to UACs who were not issued a Notice to Appear in immigration court.

Q. I was in custody with the Office of Refugee Resettlement (ORR), and was released to a relative. Am I still unaccompanied?
A. This depends on whether your relative is a legal guardian such that you are accompanied. DHS will make the determination as to whether USCIS has jurisdiction of your case because you are a UAC.

Q. I am a UAC and I wish to apply for asylum; however, I was not issued a Notice to Appear in immigration court. Where do I apply?
A. If you are a UAC who was not issued a Notice to Appear in immigration court and you wish to apply for asylum, you can file an asylum application with USCIS. You should follow the general instructions for asylum applicants not in proceedings in immigration court, in the Application for Asylum and Withholding of Removal, Form I-589.

Q. I am a UAC who was issued a Notice to Appear in immigration court. I have not previously filed for asylum. Can I file directly with USCIS or do I have to wait until my hearing date in immigration court?
A: At your hearing in immigration court, inform the immigration judge and the Immigration and Customs Enforcement (ICE) trial attorney that you intend to file for asylum. Once you receive the asylum instruction package from the ICE trial attorney, file your asylum application directly with USCIS. The instruction package includes a cover sheet that you are requested to submit to USCIS with your asylum application, so it is best to file for asylum after you have received the instruction package at your hearing in immigration court. The ICE trial attorney may recommend to the immigration judge to continue your case to allow you time to submit your application.

Q. I was a UAC when I was placed in removal proceedings, but am no longer a UAC. I want to file for asylum. Where do I file?
A: You must file your asylum application in immigration court. Since you are not a UAC at the time of filing your asylum application and you are in removal proceedings, USCIS does not have initial jurisdiction over your claim.

Q. I am in removal proceedings and filed an Application for Asylum and Withholding of Removal, Form I-589, with USCIS, according to the instructions provided by ICE. Will ICE and the immigration judge know I applied for asylum?
A: After you have received the instruction packet and filed for asylum with USCIS, you must appear at any hearings scheduled in immigration court. At your next hearing in immigration court, you may be required to provide a copy of your USCIS receipt notice to the ICE trial attorney.

Q. If I was issued a Notice to Appear and then applied for asylum with USCIS, do I still have to appear in immigration court?
A: Yes. Even while pursuing the asylum claim, you must appear in immigration court if you have a hearing scheduled. At the hearing, ICE may again seek to continue your case to allow USCIS to adjudicate your asylum application.

Q. What happens if I am in removal proceedings and I do not file an Application for Asylum and Withholding of Removal, Form I-589, with USCIS?
A: If you indicated that you wished to apply for asylum and you fail to file an Application for Asylum and Withholding of Removal, Form I-589, USCIS cannot adjudicate your asylum application and the immigration judge may proceed with your removal proceedings.

Q. I am a UAC and my asylum application is currently pending in immigration court, is on appeal before the Board of Immigration Appeals, or is on review with a federal court. May I request that USCIS adjudicate my asylum application?
A: USCIS also has initial jurisdiction over asylum applications filed by UACs with pending claims in immigration court, with a case on appeal before the Board of Immigration Appeals, or with a petition for review with a federal court. If your case is pending in any of these places and you did not file for asylum with USCIS, your concerns should be raised in the context of those pending proceedings.

Q. I already filed for asylum with USCIS and my case was referred to immigration court. Can I now file again with USCIS?
A: No. You cannot re-file with USCIS if your case, which is pending or on appeal, began as an asylum adjudication with USCIS. You already had your initial opportunity to have your asylum claim heard by USCIS.

Q. What do I do if I was released from an ORR facility or my address otherwise changed?
A: If you change your address after filing a Form I-589 application, you must:

• Submit a Form AR-11 (Alien’s Change of Address Card) to USCIS; and
• Submit a Form EOIR-33/IC (Alien’s Change of Address Form/Immigration Court) to EOIR.

If the forms are not included in the asylum instruction packet you received from ICE, Form AR-11 is available from the Related Links section of this page. Form EOIR-33/IC is available from the EOIR website.

Q. I am currently in ORR custody. Are the procedures any different for me?
A: The procedures for filing for asylum are the same. Additionally, you may wish to ask your ORR Division of Unaccompanied Children’s Services Field Coordinator or Project Officer for a copy of your ORR Interim Placement Authorization Form, to submit it with your Application for Asylum and Withholding of Removal, Form I-589 as proof of UAC status. ORR will coordinate with the local asylum office, should any interview-related issues arise.

USCIS recognizes the important sacrifices made by non-U.S. citizen members of the United States armed forces and their families and is committed to processing their naturalization applications in a timely and efficient manner while providing exemplary customer service, maintaining the integrity of the immigration system, and the security of the process.  Qualifying military service is generally in the Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and the Selected Reserve of the Ready Reserve.

Qualifications

While a member of the U.S. armed forces must meet some of the general requirements and qualifications to become a citizen of the United States, such as good moral character, some of the requirements are either reduced or completely waived.

Specifically, qualifying service members and certain veterans are not required to pay an application fee or a biometrics fee to apply for naturalization, and are not required demonstrate residence or physical presence in the United States.  Additionally, service members who serve during specifically designated periods of hostilities may not need to be lawful permanent residents.

Additionally, the National Defense Authorization Act for Fiscal Year 2004 extended all aspects of the naturalization process, including naturalization applications, interviews, oaths and ceremonies to members of the U.S. armed forces serving overseas. Before Oct. 1, 2004, military service members could only naturalize while physically within the United States.

Finally, the National Defense Authorization Act for Fiscal Year 2008 added Sections 319(e) and 322(d) to the Immigration and Nationality Act (INA), allowing certain eligible spouses and children of members of the U.S. armed forces to naturalize abroad without traveling to the United States for any part of the naturalization process.

Service in PEACEtime

Section 328 of the INA applies to all members of the U.S. armed forces or those already discharged from service. An individual may qualify for naturalization under this provision if he or she has:

• Served honorably in the military for at least one year;
• Obtained lawful permanent resident status;
• Filed an application while still in the service or within six months of separation.

Service in Wartime

Section 329 of the INA applies to members of the U.S. armed forces who serve during specifically designated periods of hostilities.  This section is sometimes referred to as wartime naturalization.  An individual may qualify for naturalization under this provision if he or she has:

• Served honorably in active-duty status for any period of time;
• Such active-duty service was during a specifically designated period of hostility;

Unlike all other provisions for naturalization, a qualifying service member is not required to be a lawful permanent resident to naturalize under this provision if the service was enlisted or inducted within the United States or other qualifying geographical area.

The Expedited Naturalization Executive Order of 2002 provides for expedited naturalization under this provision to qualified aliens and non-citizen nationals serving honorably in an active-duty status in the U.S. armed forces beginning on Sept. 11, 2001 to the present.  This section also covers veterans of designated past wars and conflicts.

ASSISTANCE TO THE MILITARY COMMUNITY

• Specially trained USCIS customer service specialists at the Nebraska Service Center staff the toll-free Military Help Line (1-877-CIS-4MIL). They assist service members, their families, attorneys and others representing them with military-specific naturalization and immigration issues.
• Specialists across USCIS have been selected to handle military naturalization packets, and each consider this responsibility a privilege and an honor, and do all that they can to ensure that applications are processed and completed as expeditiously as possible.
• In addition, every military installation has a designated point-of-contact to assist service members in preparing the naturalization application packet.  This contact is generally in the military legal office or in the personnel division.  Service members should use this contact to help prepare and file a complete naturalization application packet.

Application packet

The service member’s naturalization packet will include:

• Application for Naturalization, (USCIS Form N-400)
• Biographic Information, (USCIS Form G-325B)
• Request for Certification of Military or Naval Service, (USCIS Form N-426);
• If applicable, a copy of the USCIS Form I‑551, Permanent Resident Card; and
• Two passport-style photographs.

Members of the military applying under sections 328 or 329 of the INA are not required to pay a fee for their naturalization application.

Fingerprint Requirements

Five fingerprinting methods are available to service members:

• Have their fingerprints taken at any domestic USCIS Application Support Center (ASC) without an appointment even if their application is not yet pending with USCIS.
• Have their fingerprints taken at select military installations in the United States by USCIS personnel using mobile fingerprinting equipment.
• If USCIS fingerprinted the service member in the past for immigration purposes and USCIS is able to use these fingerprints, USCIS will re-submit these fingerprints to the FBI.
• Authorize USCIS to acquire and use the fingerprints taken at the time of enlistment by completing and submitting the Fingerprint Authorization.
• Have their fingerprints taken at U.S. military installations overseas or at U.S. Embassies and Consulates using the FD-258 fingerprint card.

Posthumous Benefits

• Section 329A of the Immigration and Nationality Act provides for posthumous citizenship to certain members of the U.S. armed forces.  A member of the U.S. armed forces who served honorably during a designated period of hostilities and dies as a result of injury or disease incurred in, or aggravated by, that service (including death in combat) may receive posthumous citizenship.
• The service member’s next of kin, the Secretary of Defense, or the Secretary’s designee in USCIS must submit the application for posthumous citizenship within two years of the service member’s death by filing an Application for Posthumous Citizenship, (USCIS Form N-644).
• Posthumous citizenship establishes that the deceased veteran is considered a citizen of the United States as of the date of his or her death.
• A surviving spouse (even if he or she remarries), child, or parent of a member of the U.S. citizen member of the armed forces, (including a service member granted posthumous citizenship), is eligible to apply for naturalization benefits under section 319(d) of the INA if the family member meets naturalization requirements other than residence and physical presence.
• For other immigration purposes, a surviving spouse (unless he or she remarries), child, or parent of a member of the U.S. armed forces who served honorably on active duty and died as a result of combat, and was a citizen at the time of death (including a posthumous grant of citizenship) is considered an immediate relative for two years after the service members dies and may file a petition for classification as an immediate relative during such period.  A surviving parent may file a petition even if the deceased service member had not reached age 21.

Military Naturalization Statistics (Through Dec. 31, 2008)

• USCIS has naturalized 45,019 service men and women since September 2001.  This includes 38,852 service members naturalized in the United States and 6,196 service members naturalized in ceremonies overseas and onboard Navy flag ships at sea. (See charts below).
• In May 2008, USCIS conducted the first overseas naturalization ceremony to include a military spouse.  Since that time, USCIS has naturalized 46 military spouses in overseas ceremonies in Germany (31), Iraq (2), Italy (2), South Korea (7), Spain (3) and the United Kingdom (1).
• Since August 2002, USCIS has granted posthumous citizenship to 118 members of the U.S. armed forces.
• Historically, the United States has conducted overseas military naturalization ceremonies during times of war.  During World War II, 20,011 service members were naturalized overseas.  During the Korean War, 7,756 service members were naturalized overseas.  Although authorized, no overseas military naturalization ceremonies were held during the Vietnam War.

Source: USCIS.gov