Citizenship Through Military Service – Military Service During Hostilities

This is a special provision for U.S. military service members to become eligible for citizenship based on military service during designated periods of hostilities pursuant to Section 329 of the Immigration and Nationality Act, “INA”.

• The applicant may be of any age.
• As mentioned, the applicant must have served honorably at any time in the U.S. armed forces during a designated period of hostility.
• The applicant must either be a Legal Permanent Resident, “LPR” or have been physically present at the time of enlistment, reenlistment or extension of service or induction int the U.S. armed forces.
  • This includes presence in the United States, Canal Zone, American Samoa or Swains Island, or
  • On board a public vessel owned or operated by the United States in noncommercial service.
• The applicant must demonstrate at time of examination an ability to understand English including the ability to read, write and speak English.
• The applicant must demonstrate at time of examination knowledge of U.S. history and government.
• The applicant must demonstrate good moral character for at least one year prior to the filing of the application and up to the time of naturalization.
• The applicant must adhere 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 period under the law.

Honorable service includes service in active or reserve service in any branch of the U.S. military including the Coast Guard, Space Force and the National Guard.

If qualifying on past military service, discharge from service must have occurred under honorable conditions. Discharge based on “other than honorable,” “bad conduct,” and “dishonorable” do not qualify as honorable conditions.

If the applicant has served during multiple periods, the applicant must demonstrate at least one qualifying period of service to establish eligibility.

Applicants who file on the basis of military service during hostilities are exempt from the general naturalization requirements of continuous residence and physical presence. We discuss the general eligibility requirements for naturalization here.

Required forms for application include the application for naturalization form N-400 as well as form N-426 which is typically completed by an armed service certifying official within six months of submitting the N-400.

Applicants discharged from military service for six months or more, are not required to have the form N-426 certified however, the form must still be submitted, and applicants must submit photocopies of their certificate of release or discharge from active-duty form 214 or other official discharge documents demonstrating periods of service to demonstrate honorable service.

World War I with dates:                       April 6, 1917, to November 11, 1918

World War II with dates:                    September 1, 1939, to December 31, 1946

Korean Conflict with dates:                June 25, 1950, to July 1, 1955

Vietnam Hostilities with dates:          February 28, 1961, to October 15, 1978

Persian Gulf Conflict with dates:       August 2, 1990, to April 11, 1991

War on Terrorism with dates:           September 11, 2001 to Present

There is no fee for filing the application under this provision of the naturalization law.