Immigrants have served in the United States Armed Forces since the country’s founding, fighting in every major conflict in American history. Hundreds of thousands of immigrants pledged to defend the United States with their lives in the Civil War, both World Wars and conflicts like those in Vietnam, Afghanistan, and Iraq.
Approximately 700,000 foreign-born veterans live in the U.S. today. Over the last century, military service has provided a pathway to American citizenship for more than 760,000 immigrant servicemembers.
Can Noncitizen Members of the Military Become Citizens?
Yes. Members of the military who are not citizens, as well as their family members, may be eligible to apply for citizenship.
Federal law allows foreign-born individuals who serve on active duty or in any Reserve Component (such as the Navy Reserves or Army National Guard) to become naturalized U.S. citizens after completing one year of honorable service during peacetime, or immediately if they served during designated “periods of hostility” (the U.S. has been in a period of hostility since September 11, 2001).
You may apply for naturalization by filing Form N-400, Application for Naturalization, under the section that applies to you. You will not have to pay any fees for applying for naturalization. As a current or former member of the U.S. military, certain other naturalization requirements may not apply to you.
For example, if you served honorably during a designated period of hostilities, you may not have to reside in or be physically present in the U.S. for any length of time before you apply for naturalization.
Who Is Considered a Member of the U.S. Armed Forces?
Members of the U.S. Armed Forces include people in who serve in one of the following branches:
- Army;
- Navy;
- Marine Corps;
- Air Force;
- Coast Guard;
- National Guard;
- Some Reserve components of the National Guard; and
- Selected Reserve of the Ready Reserve.
Who Qualifies to Become a U.S. Citizen?
If you served honorably in the U.S. armed forces for at least one year at any time, you may be eligible to apply for naturalization. While some general naturalization requirements apply to all applicants, other requirements may not apply or are reduced for members of the military.
To qualify as a servicemember to become a U.S. citizen you must:
- Be 18 years old or older;
- Have served honorably at any time in the U.S. armed forces for a period or periods totaling at least 1 year;
- Have submitted a completed Form N-426, Request for Certification of Military or Naval Service at the time of filing your application for citizenship;
- Demonstrate that if separated from service, you were never separated except under honorable conditions;
- Be a lawful permanent resident at the time of your naturalization interview;
- Meet certain residence and physical presence requirements;
- Demonstrate the ability to read, write and speak English, unless qualified for a waiver or exception;
- Demonstrate knowledge of U.S. history and government, unless excepted;
- Demonstrate good moral character for at least five years before filing your naturalization application through the day you naturalize; and
- Demonstrate an attachment 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 periods under the law, unless waived.
Service During Times of Hostilities
If you are currently serving or previously served honorably in the U.S. armed forces during a designated “period of hostilities,” you may be eligible to apply for naturalization. While some general naturalization requirements apply under INA 329, other requirements may not apply or are reduced.
“Periods of Hostilities” includes World War I (4/6/17 – 11/11/18), World War II (9/1/39 – 12/31/46), the Korean Conflict (6/25/50 – 7/1/55), the Vietnam Hostilities (2/28/61 – 10/15/78), the Persian Gulf Conflict (8/2/90 – 4/11/91) and the War on Terrorism (9/11/01 – ongoing).
To establish eligibility as a fighter during hostilities, you must:
- Have served honorably in the U.S. armed forces during a designated period of hostility, and if separated, have been separated under honorable conditions from your qualifying period of service;
- Be a lawful permanent resident or have been physically present at the time of enlistment, reenlistment, or extension of service or induction into the U.S. armed forces;
- In the United States, the Canal Zone, American Samoa, or Swains Island, or
- On board a public vessel owned or operated by the United States for noncommercial service;
- Demonstrate the ability to read, write and speak English, unless qualified for a waiver or exception;
- Demonstrate knowledge of U.S. history and government, unless excepted;
- Demonstrate good moral character for at least 1 year prior to filing your N-400 through the day you naturalize; and
- Demonstrate an attachment 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 periods under the law, unless waived.
How Do I Apply for Citizenship?
If a military member plans on obtaining citizenship, they must apply for naturalization while still in service or within six months of being discharged. As a member of the U.S. Armed Forces, they do not have to pay any fees when applying for citizenship and can apply even if stationed abroad. An applicant who files based on military service during hostilities is exempt from the general naturalization requirements of continuous residence and physical presence.
Many military installations have a designated USCIS (United States Citizenship and Immigration Services) liaison to help you with the naturalization application process. Ask your chain of command to certify your honorable military service on Form N-426, Request for Certification of Military or Naval Service.
If you have already separated from the U.S. armed forces, you still must submit a completed Form N-426, but the Form N-426 may be uncertified. You must also submit a photocopy of your Certificate of Release or Discharge from Active Duty, National Guard Report of Separation and Record of Service, or other official discharge document for all periods of service.
What If a Family Member Died While Serving in the U.S. Armed Forces?
If requested, the United States will award posthumous citizenship to military personnel who died while serving. Moreover, family members of the deceased person will be given special consideration whenever they apply for immigration status.
Generally, individuals who served honorably in an active-duty status in the U.S. armed forces during a specified period of military hostilities and died as a result of injury or disease incurred in or aggravated by that service may be eligible for posthumous citizenship. A family member must file Form N-644, Application for Posthumous Citizenship on behalf of the deceased service member within two years of their death.
Upon approving the application, USCIS will issue a Certificate of Citizenship in the name of the deceased service member establishing posthumously that they were a U.S. citizen on the date they died.
Naturalization for Surviving Relatives of U.S. Citizen Service Members
If you are the spouse, child, or parent of a deceased U.S. citizen service member who died during a period of honorable service you may be eligible for naturalization.
You must be a lawful permanent resident and meet the other general naturalization requirements, except for the residence or physical presence requirements in the U.S.
If you were the spouse of the deceased service member, you must have been living with your spouse at the time of their death unless you lived apart because of circumstances beyond your control, such as your spouse’s military service. However, you remain eligible for naturalization under this provision even if you have remarried since the service member’s death.
Do I Need a Lawyer?
If you are a member of the U.S. Armed Forces, and would like to apply for citizenship, a citizenship attorney can ensure you meet the qualifications and have the necessary documentation to complete your application.
If a family member died while serving in the U.S. Armed Forces, an attorney can determine if you may be entitled to special benefits when applying for immigration.
