Non-citizen military service members may be able to naturalize faster than a civilian applicant. There are two special military naturalization statutes, INA § 328 for peacetime and INA § 329 for wartime, that offer a much faster route compared to standard civilian naturalization.
If you have a military client, keep in mind these key statutory benefits that can expedite their case: No continuous residence requirement. No physical presence requirement. No filing fees, not for the N-400, not for biometrics. And critically for anyone in proceedings: military personnel can naturalize notwithstanding a pending removal case. If you have a client in removal proceedings who is also serving honorably, that may be the case. And if the service member is deployed overseas, the interview AND the Oath can both happen abroad at U.S. embassies, consulates, or military installations.
Wartime Naturalization (INA § 329). Because we are currently in a designated period of conflict, from September 11, 2001, to the present, the requirements under INA § 329 are relaxed. Under this provision:
- The service member can file for naturalization after completing just one day of honorable service on active duty or in the Selected Reserve of the Ready Reserve.
- The applicant does not need to be a Lawful Permanent Resident (LPR) to naturalize, provided they enlisted or re-enlisted inside the United States or other specified territories.
Peacetime Naturalization (INA § 328). If a wartime executive order is not in effect, service members can still expedite their citizenship under peacetime rules via INA § 328. Under this provision:
- The applicant must complete an aggregate of at least one year of honorable military service before applying.
- Unlike the wartime provision, the applicant must have LPR status at the time they file their application (there are some extremely limited cases where, on paper at least, someone who isn’t an LPR or US Citizen may enlist.
Now, there’s always a caveat. If the service member naturalizes through military service but is subsequently separated under "other than honorable" conditions before completing five aggregate years of honorable service, citizenship is subject to revocation. So the discharge characterization matters. A lot.
The procedural pathway is streamlined but unforgiving on the details:
- Complete the Required Forms and evidence: The core of the filing consists of Form N-400 and Form N-426, which verifies military service. For currently serving personnel, the N-426 must be certified by a military official in the grade of O-6 or higher. For veterans who have separated from the military, USCIS should accept an uncertified Form N-426 provided we include a copy of the veteran's Form DD-214 or NGB Form 22.
- Submit the Application Package: Applications can be filed electronically or by mail. When filing, it is best practice to include a cover letter clearly specifying whether the applicant is applying under the peacetime provision (INA § 328) or the wartime provision (INA § 329). By law, military members and veterans are completely exempt from paying both the N-400 application filing fee and the biometrics fee under these statutes.
- Complete Biometrics: Domestic applicants can visit any USCIS Application Support Center (ASC) without an appointment simply by presenting their military ID. Occasionally, USCIS mobile fingerprint units are available at select military installations. For clients stationed overseas, fingerprints may be able to be taken manually at a U.S. military installation, embassy, or consulate using FD-258 cards and mailed to USCIS.
- Attend the Naturalization Interview: During the interview, the applicant must demonstrate knowledge of the English language and U.S. history and government. Notably, if an active-duty client is deployed overseas, both the interview and the subsequent Oath of Allegiance can be completed abroad.
- Take the Oath of Allegiance: Once the oath is administered, the applicant officially becomes a U.S. citizen.
Practical tip: many military installations have a designated USCIS military liaison, personnel office, or legal assistance office that can facilitate the N-426 certification process. Additionally, USCIS operates a toll-free Military Help Line at 1-877-CIS-4MIL (1-877-247-4645) to assist with case inquiries.
