How to Get U.S. Citizenship Through Military Service
Serving in the U.S. armed forces opens a faster path to citizenship than the one most immigrants follow. A non-citizen who serves honorably may qualify to naturalize years sooner than a civilian green card holder—and, in many cases, without holding a green card at all. Which rules apply depends on when the service takes place.
Two provisions of the Immigration and Nationality Act govern military naturalization. INA Section 328 covers service during peacetime; INA Section 329 covers service during a designated period of hostilities. The differences between them are significant, and they determine how long a person must serve and whether permanent residency is required first.
What Counts as Service in the U.S. Military?
Honorable service in any branch of the U.S. armed forces can support a naturalization application: the Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, and, in certain cases, the National Guard and Selected Reserve. The service must be honorable, and an applicant who has separated must have separated under honorable conditions.
The amount of service required depends on the path. Under Section 328, a person must serve for a period or periods totaling at least one year. Under Section 329, any length of qualifying service during a designated period of hostilities can be enough.
INA Section 328: Service During Peacetime
Section 328 applies to a person who has served honorably for at least one year. To naturalize under this provision, the applicant must:
- Be at least 18 years old
- Have served honorably for a total of at least one year
- Be a lawful permanent resident
- File while still serving, or within six months of an honorable discharge, to remain exempt from the usual residence and physical presence requirements
- Read, write, and speak basic English
- Demonstrate a basic knowledge of U.S. history and government
- Show good moral character
A green card is required under this path. The main advantage over the civilian process is timing: a civilian permanent resident generally must wait five years before applying to naturalize, while a service member who qualifies under Section 328 can apply after one year of service.
INA Section 329: Service During Hostilities
Section 329 is the more expansive path, and it is the one most current service members use. It applies to anyone who has served honorably during a designated period of hostilities. The United States has been in a continuous designated period of hostilities since September 11, 2001, which means service today generally falls under Section 329.
Two requirements that apply under Section 328 are not required here:
- No minimum length of service. Even a short period of qualifying honorable service can establish eligibility.
- No green card required. A person may apply under Section 329 without ever having held lawful permanent resident status, provided they were lawfully present when they enlisted or were inducted.
Applicants under Section 329 are exempt from the continuous residence and physical presence requirements, and good moral character must be shown for one year rather than five. The English and civics requirements still apply.
Applying for Naturalization
Both paths begin with Form N-400, Application for Naturalization, with the military eligibility basis indicated on the form. Beyond that, the documents depend on whether the applicant is still serving.
A service member who is currently serving must also submit Form N-426, Request for Certification of Military or Naval Service, certified by their branch. A military official authorized to certify the form must sign it; a recruiter cannot. As of 2023, a veteran who has already separated no longer files Form N-426. Instead, they submit a copy of their discharge documents, such as the DD Form 214 or NGB Form 22, for all periods of service.
There is no filing fee for a naturalization application based on military service under Section 328 or 329. Fingerprinting and an interview are part of the process, as with civilian naturalization.
Most military installations have a designated point of contact who helps service members assemble their naturalization packets, and applicants can reach the USCIS Military Help Line for assistance, including for those serving overseas. Additional guidance is available in the USCIS Policy Manual and on the USCIS military naturalization page.
Required Forms
- Form N-400, Application for Naturalization, for all applicants
- Form N-426, Request for Certification of Military or Naval Service, for applicants who are currently serving, certified by their military branch
- Discharge documents (DD Form 214, NGB Form 22, or other official discharge records) in place of Form N-426 for applicants who have already separated
Contact an Immigration Lawyer Today
Military naturalization moves faster than the civilian path, but the rules around which provision applies, what counts as honorable service, and which documents a current or former service member needs still trip people up. A misstep on the forms or the eligibility basis can delay an application that should otherwise move quickly.
The naturalization attorneys at Scott D. Pollock & Associates, P.C. have over three decades of experience guiding people through the path to U.S. citizenship, including naturalization based on military service. If you are serving or have served in the U.S. armed forces and want to become a citizen, call 312.444.1940 or fill out our online contact form to discuss your situation.