Section 319(d) of the Immigration and Nationality Act, “INA” allows for the surviving spouse, child or parent of a deceased U.S. Citizen military service member who died during a period of his honorable service.
Eligibility Requirements Include:
- Establish that the servicemember died during a period of honorable service in an active-duty status in the Armed Forces of the United States and in the case of a surviving spouse, establish that he was living in marital union with the service member at the time of the servicemember’s death.
- At the time of examination for naturalization, reside in the United States pursuant to a lawful admission for permanent residence.
- The surviving family member must establish that he is a person of good moral character, attached to the principles of the Constitution of the United States and is favorably disposed toward the good order and happiness of the United States
- Comply with all other requirements for naturalization. We have discussed naturalization requirements here.
With respect to a surviving spouse, eligibility remains even when the surviving spouse remarries.
Citizenship of the servicemember includes servicemembers who received citizenship posthumously.
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