Citizenship through military service – One Year Military Service

This is a special provision for U.S. military service members to become eligible for citizenship based on military service during peacetime pursuant to Section 328 of the Immigration and Nationality Act, “INA”.

• The applicant must be 18 years of age or older at time of application.
• As mentioned, the applicant must have served honorably at any time in the U.S. armed forces for a period or periods totaling at least one year.
• The applicant must be a Legal Permanent Resident, “LPR” at the time or examination of the application.
• 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 five years 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, separation of service must have occurred under honorable conditions. Discharge based on “other than honorable,” “bad conduct,” and “dishonorable” do not qualify as honorable conditions.

Applicants who file while presently serving or within six months of honorable discharge are exempt from residence and physical presence requirements for naturalization. We discuss the general eligibility requirements for naturalization here.

Applicants who file six months or more after discharge must demonstrate continuous residence in the United States for at least five years and physical presence in the Unites States for at least 30 months of the five years immediately preceding the date of filing the application. However, the applicant can count time in honorable service within five years immediately preceding the date of filing the application as time towards residence and physical presence within the United States.

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.

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