# Chapter 3 - Military Service during Hostilities (INA 329) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/agency%3Auscis-policy-manual%3A5982da6cd1e1d4d8 ## Record - **Collection:** Agency decision - **Document type:** Agency decision ## Text Chapter 3 - Military Service during Hostilities (INA 329) | USCIS Policy Manual Contents Updates INA 8 CFR Feedback Chapter 3 - Military Service during Hostilities (INA 329) A. Background In addition to the general provisions for naturalization, including the provision for alien military service members under Immigration and Nationality Act (INA) section 328, Congress also provided a special provision for service during specific hostilities. [1] This provision has its origins in similar provisions that were enacted starting after World War I in recognition of the honorable service and sacrifice of aliens during times of war. B. General Eligibility through Military Service during Hostilities Members of the U.S. armed forces who serve honorably for any period of time during specifically designated periods of hostilities may be eligible to naturalize. [2] The alien must establish that he or she meets all of the following criteria in order to qualify: The alien may be of any age. The alien must have served honorably in the U.S. armed forces during a designated period of hostility. The alien must either be a lawful permanent resident (LPR) 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, [3] the Canal Zone, American Samoa, or Swains Island, or On board a public vessel owned or operated by the United States for noncommercial service. The alien must be able to read, write, and speak basic English. The alien must demonstrate knowledge of U.S. history and government. The alien must demonstrate good moral character for at least 1 year prior to filing the application until the time of his or her naturalization. The alien must have 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. An alien who files on the basis of military service during hostilities is exempt from the general naturalization requirements of continuous residence and physical presence. [4] As with all cases, all pertinent background checks, including applicable U.S. Department of War (DOW) checks (if required) [5] must be completed before USCIS may interview the alien applying for naturalization. C. Honorable Service 1. Qualifying Military Service Qualifying military service is honorable service in the Selected Reserve of the Ready Reserve or active duty service in the U.S. Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard. Service in the National Guard may also qualify. [6] In general, international cadets attending U.S. military academies are not considered to have served in the U.S. armed forces. [7] Honorable service means service in the U.S. armed forces that is designated as honorable service by the executive department under which the alien performed that military service. Current Military Service An alien military service member who applies for naturalization based on his or her service during specific hostilities [8] and who is serving in the U.S. armed forces at the time he or she files the naturalization application must have his or her service certified as honorable by his or her military branch. The alien military service member is responsible for submitting to USCIS a complete and certified Request for Certification of Military or Naval Service ( Form N-426 ). [9] Past Military Service An alien service member who applies for naturalization based on his or her service during specific hostilities [10] and who is separated from the U.S. armed forces at the time he or she files the naturalization application must submit a copy of his or her official discharge documentation. The U.S. armed forces generally issue a “Certificate of Release or Discharge from Active Duty” (DD Form 214) or National Guard Report of Separation and Record of Service (NGB Form 22) upon the alien military service member’s release from active duty service. Military discharge characterizations indicate the nature of a military service member’s separation and can impact eligibility for naturalization. INA 329 requires honorable service and, if the alien has separated from service, a separation under honorable conditions. [11] As illustrated in the table below, the U.S. Department of War (DOW) authorizes six characterizations of service for military service members to receive on discharge: [12] Characterizations of Military Discharges or Separations by Type and Whether Discharge or Separation Qualifies as “Under Honorable Conditions” for Naturalization Purposes Service Characterization or Separation Description [13] Description of Discharge or Separation Type Qualifies as “Under Honorable Conditions” for Naturalization Purposes? Honorable The service member generally has met the standards of acceptable conduct and performance of duty for service members or is otherwise so meritorious that any other characterization would be inappropriate. [14] Yes General (Under Honorable Conditions) The service member has served honestly and faithfully. The positive aspects of the enlisted service member’s conduct or performance of duty outweigh the negative aspects of the enlisted service member’s conduct or performance of duty as documented in their service record. [15] Yes Uncharacterized When a characterization of service or other description of separation is not authorized or warranted, administrative separations of service members may be uncharacterized. The service member may receive an uncharacterized discharge under the following circumstances: Entry-level separations; Void enlistment or induction; or Dropping from the rolls. [16] No, if discharge was after August 1, 2024 Other than Honorable Conditions The service member may be issued this characterization when: The reason for separation is based on a pattern of behavior that constitutes a significant departure from the conduct expected of enlisted service members; or The reason for separation is based on one or more acts or omissions that constitute a significant departure from the conduct expected of enlisted service members. [17] Examples of factors that may be considered include but are not limited to, the use of force or violence to produce serious bodily injury or death, acts or omissions that endanger U.S. security, or deliberate acts or omissions that seriously endanger the health and safety of others. No Bad Conduct This is not issued administratively and is considered a punitive separation and can only occur after a court-martial proceeding. No Dishonorable This is not issued administratively and is considered a punitive separation and can only occur after a court-martial proceeding. No As noted in the table, only “Honorable” and “General (Under Honorable Conditions)” discharges meet the statutory provisions requiring that an alien was separated “under honorable conditions,” because these are the only discharges that indicate honorable service.” [18] Other discharge types, such as “Uncharacterized,” [19] “Other Than Honorable,” “Bad Conduct,” and “Dishonorable,” do not qualify as a separation under honorable conditions. Both “Honorable” and “General (Under Honorable Conditions)” are defined as types of “Characterized” service, and therefore “Uncharacterized” [20] discharges do not meet the “under honorable conditions” requirement. Notwithstanding, uncharacterized discharges issued before August 1, 2024, meet the “under honorable conditions” requirement, because the Department of Defense Instructions (DODI) had treated an uncharacterized discharge as “the required characterization” for “administrative matters” before August 1, 2024. [21] The then-U.S. Department of Defense (DOD) updated the DODI on August 1, 2024, [22] which removed the language regarding an uncharacterized discharge being treated as “the required characterization” for administrative matters and addressed entry-level separations as a distinct and separate category of discharges apart from honorable and general (under honorable conditions) discharges. Therefore, only uncharacterized discharges issued on or before July 31, 2024, qualify as “under honorable conditions” for naturalization purposes. Discharges Based on Refusal to Comply with COVID-19 Vaccination Mandates On August 24, 2021, and November 30, 2021, the then-Secretary of Defense mandated that members of the U.S. armed forces be vaccinated against the coronavirus disease (COVID-19). Consequently, service members who refused to comply with the mandates were discharged from active duty. The then-Secretary of Defense later rescinded the mandates on January 10, 2023, and rendered all then-DOD component policies, directives, and guidance implementing those vaccination mandates as no longer in effect. [23] Under the then-DOD policy announced on January 10, 2023, DOW permits individuals who separated or were discharged from the military to request a change in the "characterization of their discharge" in their personnel records. [24] For the purposes of meeting eligibility for naturalization under INA 329, USCIS reviews the Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or other official discharge document to determine if the qualifying military service was both honorable service and that the alien has been separated under honorable conditions. [25] An alien who believes his or her discharge was incorrectly characterized due to refusal to comply to COVID-19 vaccination requirements may seek an upgrade to their discharge characterization through their respective military departments before applying for naturalization. [26] 2. Multiple Periods of Service Aliens who have multiple periods of service must demonstrate that they have at least one qualifying period of service to establish eligibility under INA 329 . A qualifying period of service is a period of service during which the applicant served honorably as a member of the Selected Reserve of the Ready Reserve or on active duty in the U.S. armed forces during a designated period of hostilities, and if separated, was separated under honorable conditions. Therefore, an alien who was separated under honorable conditions from a qualifying period of service may be eligible for naturalization under INA 329 even if the alien received a different type of discharge from any other period of service, including during a designated period of hostilities. For example, an alien may have enlisted in October 1975, and served honorably on active duty for one entire period of service until 1978. The alien is honorably discharged and immediately reenlists for a second period of service for 2 more years starting in 1978 and ending in 1980. During the second period of service (1978-1980), the alien is discharged under “other than honorable conditions.” This alien, if able to demonstrate good moral character and meet all other naturalization requirements, is eligible to naturalize under INA 329 based on the first qualifying period of service (1975-1978). Similarly, an alien who was previously separated with a discharge type that was not under honorable conditions, but subsequently reenlisted or was reinstated to service, may qualify for naturalization based upon the subsequent qualifying period of service if the executive department under which the alien performed the subsequent period of service certifies that the alien served honorably and, if separated, was separated under honorable conditions. D. National Guard Service An alien filing on the basis of military service during hostilities [27] who has National Guard service may qualify if the alien has honorable service in either the U.S. armed forces or in the Selected Reserve of the Ready Reserve. [28] USCIS does not require proof of federal activation for a National Guard applicant if the alien served in the Selected Reserve of the Ready Reserve during a designated period of hostility. [29] The alien service member is responsible for submitting to USCIS a complete and certified Request for Certification of Military or Naval Service ( Form N-426 ) (if currently serving), or if not currently serving, a National Guard Report of Separation and Record of Service (NGB Form 22) or other official discharge document for all periods of service. [30] The National Guard determines when one of its members is a member of the Selected Reserve of the Ready Reserve; however, most National Guard members adhere to Selected Reserve training requirements and are members of the Selected Reserve of their respective services. When a National Guard member is a member of the Selected Reserve of the Ready Reserve, the member may apply for naturalization under INA 329 based on that service, if otherwise eligible. The applicant does not need to have active duty service or be part of the National Guard during such time as the unit is federally recognized as a reserve component of the armed forces in order to qualify under INA 329. E. Designated Periods of Hostilities The INA and Presidential Executive Orders have designated the following military engagements and ranges of dates as periods of hostilities. [31] Designated Periods of Hostilities World War I [32] April 6, 1917 → November 11, 1918 World War II [33] September 1, 1939 → December 31, 1946 Korean Conflict [34] June 25, 1950 → July 1, 1955 Vietnam Hostilities [35] February 28, 1961 → October 15, 1978 Persian Gulf Conflict [36] August 2, 1990 → April 11, 1991 War on Terrorism [37] September 11, 2001 → Present On July 3, 2002, President George W. Bush issued Executive Order 13269 , which has designated a period of hostilities and has permitted the expedited naturalization for aliens eligible under INA 329 as of September 11, 2001. The current designated period continues to be a designated period of hostilities for INA 329 purposes until the President issues a new Executive Order terminating the designation. [38] F. Eligibility as Permanent Resident or if Present in United States at Induction or Enlistment In general, an alien who files on the basis of military service during hostilities [39] is not required to be an LPR if he or she was physically present at the time of induction, enlistment, reenlistment, or extension of service in 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. In addition, an alien who is lawfully admitted for permanent residence after enlistment or induction is also eligible for naturalization under this provision regardless of the place of enlistment or induction. G. Conditional Permanent Residence and Naturalization during Hostilities If the alien is a conditional permanent resident and is eligible to naturalize on the basis of military service during hostilities [40] without being an LPR based on being in the United States during enlistment or induction, the alien is not required to file or have an approved Petition to Remove Conditions on Residence ( Form I-751 ) before his or her Application for Naturalization ( Form N-400 ) may be approved. H. Military Accessions Vital to National Interest Program The general guidance in this section is from information provided by the DOW on its former Military Accessions Vital to National Interest (MAVNI) program. USCIS is providing this general information in the Policy Manual to assist current and former service members and their families. 1. Background In 2009, the then-U.S. Department of Defense (DOD) authorized the MAVNI pilot program as a recruitment tool to enlist certain nonimmigrants and other aliens who had skills that were considered vital to the national interest of the United States. The program applied to certain health care professionals and aliens who were fluent in certain foreign languages. Then-DOD allowed authorization for the MAVNI program to expire on September 30, 2017, and has not renewed the program since that time. As a result, all individuals enlisting in the military are currently required to be U.S. citizens or nationals, lawful permanent residents of the United States, or citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau (countries with which the United States has Compacts of Free Association allowing their citizens to enlist in the U.S. armed forces). [41] An alien entering active duty status or service in the Selected Reserve of the Ready Reserve may apply for military naturalization after the alien’s Request for Certification of Military or Naval Service ( Form N-426 ) has been properly authorized, completed, and signed by the appropriate person authorized by DOW. [42] USCIS is unable to adjudicate a naturalization application for current service members without a properly submitted Form N-426. Calixto Settlement Agreement Applicants On September 22, 2022, the U.S. Army entered into a settlement agreement to settle Calixto, et al., v. U.S. Dep’t of the Army, et al. (Calixto Agreement). [43] In the settlement agreement, the Army agreed to certify Forms N-426 for certain Army enlistees, including some enlistees who never began a qualifying period of service in the Army. By certifying the Form N-426, the Army is certifying that the enlistees served honorably on active duty or in the Selected Reserve of the Ready Reserve during a designated period of hostilities such that the enlistees could apply for military naturalization under INA 329 . Certain applicants who enlisted in the U.S. Army, including the Selected Reserve of the Ready Reserve Delayed Training Program (DTP) or Regular Army Delayed Entry Program (DEP), through the MAVNI pilot program on or before September 30, 2017, may receive a certified Form N-426 under the terms of the Calixto Agreement. Such applicants become eligible to apply for naturalization under INA 329 as a result of the certified Form N-426, even before attending initial entry training. Under the Calixto Agreement, [44] if the applicant was not discharged as of September 22, 2022 or had received an uncharacterized discharge [45] from the U.S. Army by that date, the Army considers the applicant to have served honorably and certifies a Form N-426 on their behalf even if they did not attend initial entry training. Applicants are required to submit a certified Form N-426 signed by a person authorized by the U.S. Army to certify the form. Applicants may also provide a copy of the September 22, 2022, Calixto Agreement with their naturalization application and with their certified Form N-426 as a substitute for identifying the type and duration of service in the Form N-426, and as evidence of honorable service or an under honorable conditions discharge. [46] Including the agreement and annotating on the Application for Naturalization ( Form N-400 ) and Form N-426 with "Calixto" at the top helps USCIS identify class members and provide for more efficient processing. [47] 2. General Eligibility Requirements Eligible Candidates To be eligible for the MAVNI program, then-DOD required aliens to be in one of the following immigration categories or authorized stays at the time of enlistment into the U.S. armed forces: Asylee; Refugee; Beneficiary of Temporary Protected Status (TPS); Person granted deferred action by USCIS under the Deferred Action for Childhood Arrivals (DACA) policy; or Nonimmigrant in any of the following categories: E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V. Valid Status for 2 Years Then-DOD required most aliens for MAVNI to have been in a valid status in one of the eligible immigration categories or authorized stays listed above for at least 2 years immediately preceding the date of enlistment. The alien was not required to be in the same qualifying category or authorized stay listed above for those 2 years on the date of enlistment. Then-DOD exempted or waived the 2-year requirement for certain aliens. Specifically, then-DOD did not require DACA recipients to meet the 2-year requirement. In addition, then-DOD considered waiving the requirement that an alien applying to the MAVNI program be in valid immigration status or within a period of authorized stay at the time of enlistment on a case-by-case basis under certain circumstances. 3. Other Factors to Consider Nonimmigrants and Absences from United States Under then-DOD guidance, most applicants to the MAVNI program under a qualifying nonimmigrant category at the time of enlistment must not have been absent from the United States for more than 90 days during the 2-year period immediately preceding the date of enlistment. Then-DOD did not apply this 90-day limitation on absences to DACA recipients. Foreign Residency Requirement A nonimmigrant exchange visitor under the J nonimmigrant visa classification may have been eligible to apply for the MAVNI program with then-DOD. Certain nonimmigrant exchange visitors were subject to a statutory foreign residence requirement. [48] J exchange visitors who enlisted in the military through the MAVNI program were not required to comply with the foreign residence requirement in order to naturalize. [49] In addition, the dependent spouse or child of the exchange visitor was not required to comply with the foreign residence requirement. [50] Adjustment of Status Applicants Then-DOD did not disqualify otherwise eligible applicants to the MAVNI program by virtue of having a pending adjustment of status application with USCIS. [51] I. Veterans Residing Outside the United States Admission or Parole into United States for Naturalization Interview Aliens who reside outside the United States and have separated from the military are required to appear for an interview in the United States. [52] All aliens must be inspected and admitted or paroled in order to enter the United States. [53] If seeking parole into the United States, the alien may file the naturalization application concurrently with an Application for Travel Documents, Parole Documents, and Arrival/Departure Records ( Form I-131 ) without a fee to seek an advance parole document for a humanitarian or significant public benefit parole before entering the United States, if necessary. [54] USCIS coordinates with the alien to schedule an interview date and location. Documentation An alien who is concurrently seeking naturalization and an advance parole document must provide all the required documentation to establish eligibility for naturalization with Application for Naturalization (Form N-400), [55] including a police clearance from every place of residence outside the United States within 1 year of filing the naturalization application. In addition, the alien is required to provide documentation to establish eligibility for an advance parole document with Form I-131, including submitting an Affidavit of Support (Form I-134). [56] USCIS will inform the alien if they need to submit biometrics in connection with the naturalization application at an authorized site such as a U.S. embassy, U.S. consulate, or U.S. military installation. In addition, the alien submitting Form I-131 [57] is required to provide documentation to establish eligibility for an advance parole document. Failure to Appear at Interview USCIS considers the alien to have abandoned his or her application and administratively closes the application in cases where the alien: Fails to appear at his or her scheduled naturalization interview; and Fails to notify USCIS of the reason for nonappearance within 30 days of the scheduled interview. USCIS considers subsequent correspondence from an alien within 1 year of the administrative closure a request to reopen the application. [58] Jurisdiction The USCIS office having jurisdiction over the alien’s last residence within the United States or Outlying Possession (OLP) maintains jurisdiction over the naturalization application. [59] If there is no evidence in the application to establish the alien’s last place of residence in the United States or OLP, the field office should review the service record for the address of record at the time of departure. If the alien requests to have the naturalization interview conducted at a USCIS office other than the office having jurisdiction based on the applicant’s last residence, the office having jurisdiction may coordinate, if practicable, with the appropriate office to accommodate the request. Even if such a request for an interview is approved, the original office retains jurisdiction over the adjudication of the naturalization application. Footnotes [^ 1] See INA 329 . [^ 2] See INA 329 . [^ 3] Includes the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. See INA 101(a)(38) . [^ 4] See INA 329(b) . See 8 CFR 329.2(e) . [^ 5] Including Defense Clearance Investigation Index (DCII) queries. See Chapter 6, Required Background Checks [ 12 USCIS-PM I.6 ] for information on background checks and fingerprint requirements for aliens applying for naturalization based on military service. Additionally, in certain cases that involved aliens recruited through the Military Accessions Vital to the National Interest (MAVNI) program, USCIS required then-DOD background and security checks to be completed and a review of any derogatory information then-DOD obtained regarding an alien applying for naturalization. USCIS does not require any DOW adjudication of the alien’s suitability for military service, including a Military Service Suitability Recommendation or a Military Service Suitability Determination, to be complete before interviewing or beginning adjudication of a naturalization application, and the outcome of any such DOW adjudication does not determine the outcome of the naturalization adjudication. [^ 6] See Section D, National Guard Service [ 12 USCIS-PM I.3(D) ]. [^ 7] In general, a military academy cadet who is a U.S. citizen or national is considered to be serving in the U.S. armed forces, but international cadets attending U.S. military academies are not considered as having served in the U.S. armed forces. This is because international cadets, sponsored by their home country, are generally considered to be serving in their home country’s military and are obligated to serve in their home country upon graduation. [^ 8] See INA 329 . [^ 9] See Chapter 5, Application and Filing for Service Members (INA 328 and 329) [ 12 USCIS-PM I.5 ] for additional information about Form N-426. [^ 10] See INA 329 . [^ 11] See INA 329(a) . See 8 CFR 329.2(a) and 8 CFR 329.2(b) . [^ 12] See Certificate of Uniformed Service (DD Form 214/5 Series) (PDF) , U.S. Department of Defense Instruction No. 1336.01, Section 3, effective February 17, 2022. [^ 13] Also known as “discharge.” See 32 CFR 73.2 (The characterization of a discharge or dismissal is a determination reflecting a Service member's conduct and performance of duty while in military service during a specific period of military service. Administrative discharges can be characterized as honorable, general (under honorable conditions), other than honorable conditions, or can be described as uncharacterized (as in an entry-level separation). If a discharge is adjudged at a court-martial, the assigned characterization may be a bad-conduct discharge, or dishonorable discharge, or a dismissal. The term characterization of a discharge or dismissal is also referred to as a “character of discharge” or “character of service.”). [^ 14] See Enlisted Administrative Separations (PDF) , U.S. Department of Defense Instruction No. 1332.14, Section 4.3, effective August 1, 2024. [^ 15] See Enlisted Administrative Separations (PDF) , U.S. Department of Defense Instruction No. 1332.14, Section 4.3, effective August 1, 2024. [^ 16] See Enlisted Administrative Separations (PDF) , U.S. Department of Defense Instruction No. 1332.14, Section 4.3, effective August 1, 2024. [^ 17] See Enlisted Administrative Separations (PDF) , U.S. Department of Defense Instruction No. 1332.14, Section 4.3, effective August 1, 2024. [^ 18] See Enlisted Administrative Separations (PDF) , U.S. Department of Defense Instruction No. 1332.14, Section 3, effective August 1, 2024. [^ 19] See Enlisted Administration Separations, (PDF) U.S. Department of Defense Instruction No. 1332.14, Section 3, effective August 1, 2024. [^ 20] See Enlisted Administration Separations, (PDF) U.S. Department of Defense Instruction No. 1332.14, Section 3, effective August 1, 2024. [^ 21] See Alam v. USCIS, et al., 592 F. Supp. 3d 810 (D. Minn. March 21, 2022) (indicating that the DODI indicated that the uncharacterized discharged is “treated as the required characterization”). [^ 22] See Enlisted Administration Separations, (PDF) U.S. Department of Defense Instruction No. 1332.14, Section 3, effective August 1, 2024. [^ 23] See Department of Defense Memorandum Recission of August 24, 2021 and November 30, 2021 Coronavirus Disease 2019 Vaccination Requirements for Members of Armed Forces (PDF) , issued January 10, 2023. [^ 24] See Department of Defense News Release, Veterans Have Options to Upgrade Discharge Characterization , issued June 4, 2024. [^ 25] See INA 329(a) . [^ 26] See Department of Defense News Release, Veterans Have Options to Upgrade Discharge Characterization , issued June 4, 2024. [^ 27] See INA 329 . [^ 28] See 8 CFR 329.1 . See 10 U.S.C. 10143 for more information on the Selected Reserve of the Ready Reserve. [^ 29] The National Guard and Reserve service requirements under INA 329 differ from those under INA 328 . See Chapter 2, One Year of Military Service during Peacetime (INA 328), Section D, National Guard Service [ 12 USCIS-PM I.2(D) ]. [^ 30] See Chapter 5, Application and Filing for Service Members (INA 328 and 329) [ 12 USCIS-PM I.5 ] for additional information about Form N-426. [^ 31] See 8 CFR 329.1 and 8 CFR 329.2 . [^ 32] See 8 CFR 329.1 and 8 CFR 329.2 . Declared by Joint Resolution of Congress of April 6, 1917 (40 Stat. 429, Ch. 1) and Joint Resolution of Congress, December 7, 1917 (40 Stat. 429, Ch. 1). Armistice signed, November 11, 1918. [^ 33] See 8 CFR 329.2 . See Proclamation No. 2714 , Cessation of Hostilities of World War II, 61 Stat. 1048 (December 31, 1946). [^ 34] See 8 CFR 329.2 . [^ 35] See 8 CFR 329.2 . See Exec. Order No. 12081 , Termination of Expeditious Naturalization Based on Military Service, 43 FR 42237 (September 18, 1978). [^ 36] See 8 CFR 329.2 . See Exec. Order No. 12939 , Expedited Naturalization of Aliens and Noncitizen Nationals Who Served in an Active-Duty Status During the Persian Gulf Conflict, 59 FR 61231 (November 22, 1994). [^ 37] See 8 CFR 329.2 . See Exec. Order No. 13269 , Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism, 67 FR 45287 (July 3, 2002). [^ 38] See 8 CFR 329.2 . See Exec. Order No. 13269 , Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism, 67 FR 45287 (July 3, 2002). [^ 39] See INA 329 . [^ 40] See INA 329 . [^ 41] See 10 U.S.C. 504(b) . [^ 42] MAVNI enlistees should speak with their commanding officers for additional information regarding the circumstances under which the military departments will sign and certify the Form N-426. [^ 43] Entered into under Calixto, et al., v. U.S. Dep’t of the Army, et al. , 1:18-cv-01551 (D.D.C. Sept. 22, 2022). [^ 44] See Calixto, et al., v. U.S. Dep’t of the Army, et al. , 1:18-cv-01551 (D.D.C. Sept. 22, 2022). [^ 45] The August 1, 2024, changes to the Department of Defense Instruction (DODI) struck prior language that an entry-level separation of a service member will be treated as “the required characterization” for “administrative matters.” This change prompted a change in USCIS policy, only allowing for a separation discharge of “honorable” or “General-Under Honorable Conditions,” to meet the threshold for “under honorable conditions.” These changes do not affect Calixto class members who receive an uncharacterized discharge and meet all other requirements. [^ 46] The settlement agreement may be used as a substitute for identifying the applicant’s type of service and periods of service. [^ 47] For applicants filing online, annotate "Calixto" only on top of Form N-426 . [^ 48] See INA 212(e) . [^ 49] The J exchange visitor is not required to obtain a waiver of the INA 212(e) foreign residence requirement. See INA 329 . [^ 50] A J-1 exchange visitor’s dependent spouse or child is issued a J-2 nonimmigrant visa. [^ 51] See Application to Register Permanent Residence or Adjust Status ( Form I-485 ). [^ 52] USCIS does not have statutory authority to conduct naturalization interviews and oath ceremonies overseas for those former alien service members who reside outside of the United States. See INA 104(a) , which grants U.S. Department of State (DOS) authority to determine the nationality of a person who is outside the United States. See 8 U.S.C. 1443a , which authorizes USCIS to conduct naturalization interviews and oath ceremonies for current members of the U.S. armed forces outside of the United States, but does not extend to former alien service members. [^ 53] See INA 235(a)(3) . An alien may qualify for parole under INA 212(d)(5) . [^ 54] Both the Form N-400 and Form I-131 are fee exempt for current and former service members. In some cases, such as where an alien has been deported or removed from the United States, U.S. Immigration and Customs Enforcement (ICE) has jurisdiction over the request for an advance parole document. In those cases, USCIS will send Form I-131 to ICE for adjudication. [^ 55] See Chapter 5, Application and Filing for Service Members (INA 328 and 329), Section A, Required Forms [ 12 USCIS-PM 5.A ]. [^ 56] See Application for Travel Documents, Parole Documents, and Arrival/Departure Records ( Form I-131 ) and Affidavit of Support ( Form I-134 ). In addition, see the Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States webpage. [^ 57] See Application for Travel Documents, Parole Documents, and Arrival/Departure Records (Form I-131) and Affidavit of Support (Form I-134) . In addition, see the Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States webpage. [^ 58] See 8 CFR 335.6 . [^ 59] See INA 329 . USCIS should not apply the 3- or 5-year residency requirement if the alien served during a designated period of hostilities. Resources Legal Authorities 8 CFR 316.5(b)(6) - Residence for certain spouses of military personnel 8 CFR 316.6 - Physical presence for certain spouses of military personnel 8 U.S.C. 1443a - Overseas naturalization for service members and their qualifying spouses and children INA 101(f) - Definition of good moral character INA 312 , 8 CFR 312 - Educational requirements for naturalization INA 316 , 8 CFR 316 - General requirements for naturalization INA 329 , 8 CFR 329 - Naturalization through military service during hostilities INA 332 , 8 CFR 332 - Naturalization administration, executive functions Forms G-1055, Fee Schedule G-28, Notice of Entry of Appearance as Attorney or Accredited Representative N-400, Application for Naturalization N-426, Request for Certification of Military or Naval Service Other Materials Citizenship Resource Center: Check for Test Updates Citizenship Resource Center: Study for the Test Citizenship Resource Center: The Naturalization Interview and Test How to Use the USCIS Policy Manual Website Appendices Appendix: History of Acquiring Citizenship under INA 320 for Children of U.S. Citizens who are Members of the U.S. Armed Forces, U.S. Government Employees, or their Spouses Before October 29, 2019, USCIS considered children of members of the U.S. armed forces or U.S. government employees, who were stationed outside of the United States, to meet the requirement of “is residing in” the United States for the purpose of acquiring citizenship under INA 320 . [1] This interpretation was consistent with the definition of “residence” for purposes of naturalization under INA 316 . [2] Based on this treatment of U.S. government employees and their children in the context of naturalization under INA 316, USCIS determined that “residing in the United States” for purposes of acquisition of citizenship under INA 320 should likewise be interpreted to include children of U.S. military and government employees stationed outside of the United States who were residing with their parents. [3] This interpretation, however, was inconsistent with other provisions of the Immigration and Nationality Act (INA), including the definition of “residence” at INA 101(a)(33) and language in INA 322(a) and INA 322(d) , which suggested that the citizenship of military children residing outside of the United States should be considered under that provision rather than under INA 320. Effective October 29, 2019, USCIS amended its policy guidance to address these concerns, and determined that children of members of the U.S. armed forces or U.S. government employees stationed outside of the United States would not be eligible for citizenship acquisition under INA 320. [4] On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted, [5] amending INA 320, so that a child residing with his or her U.S. citizen parent, who is stationed outside of the United States as a member of the U.S. armed forces or a U.S. government employee, or is residing in marital union with a member of the U.S. armed forces or a U.S. government employee who is stationed outside of the United States, acquires citizenship under INA 320 if all requirements of INA 320(c) and INA 320(a)(1)-(2) are met. In line with the statute, USCIS rescinds its previous guidance, clarifying that these children are eligible to acquire citizenship under INA 320 if all other requirements under INA 320 are met. The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020. Footnotes [^ 1] Even though the child of a member of the U.S. armed forces or U.S. government employee stationed outside of the United States may be eligible to apply for a Certificate of Citizenship under INA 322 since he or she resides outside of the United States, USCIS interpreted the child to meet residency requirements under INA 320 as well, which formerly required the child to be residing in the United States with his or her parent to acquire citizenship. [^ 2] For example, U.S. government employees, including members of the U.S. armed forces, are eligible to apply for an exception to the continuous residence requirement for naturalization under INA 316 as long as their residency outside of the United States was on behalf of the U.S. government. See INA 316(b) . See INA 316(a) . See Part D, General Naturalization Requirements, Chapter 3, Continuous Residence [ 12 USCIS-PM D.3 ]. [^ 3] See Policy Manual Technical Update, Child Citizenship Act and Children of U.S. Government Employees Residing Abroad (July 20, 2015); and Acquisition of Citizenship by Children of U.S. Military and Government Employees Stationed Abroad under Section 320 of the Immigration and Nationality Act (INA), No. 103, issued May 6, 2004. [^ 4] See USCIS Policy Alert, Defining “Residence” in Statutory Provisions Related to Citizenship [PA-2019-05] . This Policy Alert has been superseded by Policy Manual updates to reflect changes made under Pub. L. 116-133 (PDF) . [^ 5] See Pub. L. 116-133 (PDF) (March 26, 2020). Appendix: Legislation Assisting Military Members and their Families Obtain Immigration Benefits The table below provides some of the major legislative amendments that have aimed at assisting qualified military personnel and their eligible family members to become U.S. citizens or to acquire other immigration benefits, or both. Major Legislative Amendments Assisting Military Members and their Eligible Relatives to Become U.S. Citizens or to Acquire Other Immigration Benefits Act of May 9, 1918 (40 Stat. 512) Accorded World War I servicemen certain exemptions from the then existing naturalization requirements First statute to provide for overseas processing; however, petitions that were filed and not acted upon by the courts were declared invalid before May 25, 1932 [1] Modifications of 1918 Act [2] Under certain circumstances resident aliens who had departed from the United States and had served honorable in the military or naval forces of an allied country during World War I were granted special naturalization Second War Powers Act of March 27, 1942 (amending Nationality Act of 1940) Provided for the expeditious naturalization of members of the U.S. armed forces serving in the United States and abroad Provided for the naturalization of aliens serving during the war; the law permitted naturalization of those who did not meet requirements Section 702, authorized the actual naturalization of World War II servicemen outside the United States First time the Service had administrative authority to conduct naturalizations Legislation of December 7, 1942 (amending Nationality Act of 1940) Addition of section 323a Granted special naturalization privileges to World War I veterans Embraced persons who served with the United States military or naval forces at any time after April 20, 1898, and before July 5, 1902 (Spanish-American War), as well as persons who served on the Mexican border between June 1916 and April 1917 as members of the Regular Army or National Guard (expired December 8, 1943) Act of June 1, 1948; Immigration and Nationality Act Added section 324A to the Act of October 14, 1940 (Nationality Act of 1940) Revised, modified, and made permanent the earlier provisions for the expeditious naturalization of persons who served honorably in the United States armed forces during either World War I or II Lodge Act, June 30, 1950 (64 Stat. 316) Was periodically extended during the 1950s, finally expiring on July 1, 1959 The Act authorized naturalization under INA 329 of an alien who enlisted or reenlisted overseas under the terms of the Act; subsequently entered the United States, American Samoa, Swains Island, or the Canal Zone pursuant to military orders; completed five years of service; and was honorably discharged Korean Hostilities; Act of June 30, 1953 (Pub. L. 86) Provided for the expeditious judicial naturalization of aliens, upon completion of at least 90 days' active and honorable service in the United States Armed Forces during a specified period (June 25, 1950 - July 1, 1955) extending beyond the termination date of the Korean conflict Under the statute, all petitions had to be filed before January 1, 1956 Vietnam Hostilities Act of October 24, 1968 (82 Stat. 1343) Including Vietnam Hostilities to add as qualifying, service during a period beginning February 28, 1961, and ending on the termination fixed by the President By Executive Order 12081, September 18, 1978, the President terminated the period of Vietnam hostilities as of October 15, 1978 Allowed the designation by executive order such periods when the armed forces of the United States are engaged in armed conflict with a hostile foreign force Grenada 15 Executive Order 12582 (February 2, 1987) [3] Although President Reagan designated the Grenada campaign as a period of hostilities, a federal court invalidated it entirely because, in contravention of statutory guidelines for such designations, the executive order attempted to limit the expedited naturalization benefit to persons who served in certain geographic areas and the record showed that the President would not have designated the campaign as a period of hostilities without the geographic limitations Naturalization of Natives of the Philippines (WWII Service), Sec. 405 of Pub. L. 101-649 Addressed by Congress in 1990 by amending INA 329 (IMMACT90) Such veterans were exempted from the requirement of having been admitted to lawful permanent residence to the United States or having enlisted or reenlisted in the United States Subsequent amendments enabled naturalization processing to be conducted in the Philippines Only applied to applications filed by February 2, 1995 Hmong Veterans’ Naturalization Act of 2000 For Hmong guerilla units that aided the U.S. military during the Vietnam War era Provided an exemption from the English language requirement and special consideration for civics testing for Laotian refugees who supported the U.S. armed forces as members of guerrilla or irregular forces in Laos during the Vietnam War period of hostilities Only applied to naturalization applications filed by a veteran or spouse, within three years after May 26, 2000, or by a veteran’s widow within three years after November 1, 2000 National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136) Pub. L. 108-136 was enacted on November 24, 2003 and amended certain military-related immigration provisions of the INA, to include: Reduced the required period of military service from three years to one year under INA 328 Exempted all fees from naturalization applications filed under INA 328 and 329 by eligible service members and certain veterans Added provision that citizenship obtained through INA 328 and 329 may be revoked if the person is separated from the U.S. armed forces under other than honorable conditions before the person has served for a period or periods aggregating five years Added under 8 U.S.C. 1443a that DHS must ensure that any filings, interviews, oath ceremonies, or other proceedings relating to naturalization of service members and certain military family members are available abroad through U.S. embassies, consulates, and U.S. military installations overseas as practical Extended benefits under INA 329(a) to those who serve or served as a member of the Selected Reserve of the Ready Reserve Extended certain immigration benefits to surviving spouses, children and parents of U.S. citizen service members (including those granted citizenship posthumously under INA 329 (a) [4] National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181) Pub. L. 110-181 was enacted on January 28, 2008 and amended certain military-related immigration provisions of the INA focused on qualifying spouses or children of members of the U.S. armed forces, to include: Added INA 284(b) to make clear that the lawful permanent resident status of a service member’s spouse or child is not jeopardized because the spouse or child resided abroad, as authorized by official orders, with the service member. This provision clarifies that USCIS must not treat such absences as abandonment or relinquishment of the spouse or child’s lawful permanent resident (LPR) status [5] Added INA 319(e) to allow the LPR spouse of a service member to count any qualifying time spent abroad on official orders as continuous residence and physical presence in the United States. Also permits the spouse to complete the naturalization process overseas Added INA 322(d) to allow the U.S. citizen parent and service member of a child filing for naturalization to count time abroad under military orders as physical presence in the United States. Also permits the child to complete the naturalization process overseas Kendell Frederick Citizenship Assistance Act (KFCAA) (Pub. L. 110-251) The KFCAA was enacted on June 26, 2008 Requires DHS to use the fingerprints provided by an individual at the time the individual enlisted in the U.S. armed forces (referred to as “OPM” or “enlistment” fingerprints) or fingerprints the applicant previously submitted to USCIS for another application to satisfy the fingerprint requirement If DHS determines that new biometrics would result in more timely and effective adjudication of the individual’s naturalization application, DHS must inform the applicant of this determination and provide the applicant with information on how to submit fingerprints Requires USCIS to adjudicate applications for naturalization filed by active-duty members of the U.S. armed forces serving abroad within 180 days of the receipt of responses to all background checks Military Personnel Citizenship Processing Act (MPCPA) (Pub. L. 110-382) The MPCPA was enacted on October 9, 2008 Requires USCIS to complete applications for naturalization filed by service members (and certain spouses) within six months of receipt or notify the applicant of the delay Six-month notification letters must include the reason for delay and an estimated adjudication date Footnotes [^ 1] See Application of Campbell , 5 F.2d 247 (E.D. Wash. 1925). See Op. Sol. of Labor , Jan, 1926, CO file 79/9. [^ 2] See Acts of July 19 and November 6, 1919, May 26, 1926, March 4, 1929, May 25, 1932, June 24, 1935, August 23, 1937, June 21, 1939, December 7, 1942. [^ 3] See Executive Order 12582 , signed on February 2, 1987 (52 FR 3395, February 4, 1987). In consideration of Matter of Reyes , 910 F. 2d 611 (9th Cir. 1990), Executive Order 12582 was revoked by Executive Order 12913 (PDF) , effective February 2, 1987, (59 FR 23115, May 4, 1994). [^ 4] See Sec. 1703 of PL 108-136. [^ 5] See Sec. 673 of PL 110-181. Updates POLICY ALERT - Naturalization Guidance for Alien Service Members September 26, 2025 U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual to explain why uncharacterized discharges no longer meet the requirement of a separation “under honorable conditions” for former alien service members to naturalize under Sections 328 and 329 of the Immigration and Nationality Act (INA), and to explain changes in process for former alien service members who had been receiving naturalization interviews and oath ceremony services at land ports of entry. Read More Affected Sections 12 USCIS-PM I.1 - Chapter 1 - Purpose and Background 12 USCIS-PM I.2 - Chapter 2 - One Year of Military Service during Peacetime (INA 328) 12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329) 12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329) Technical Update - Replacing the Term "Noncitizen" February 26, 2025 This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes. Affected Sections 1 USCIS-PM - Volume 1 - General Policies and Procedures 2 USCIS-PM - Volume 2 - Nonimmigrants 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole 4 USCIS-PM - Volume 4 - Refugees and Asylees 5 USCIS-PM - Volume 5 - Adoptions 6 USCIS-PM - Volume 6 - Immigrants 7 USCIS-PM - Volume 7 - Adjustment of Status 8 USCIS-PM - Volume 8 - Admissibility 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief 10 USCIS-PM - Volume 10 - Employment Authorization 11 USCIS-PM - Volume 11 - Travel and Identity Documents 12 USCIS-PM - Volume 12 - Citizenship and Naturalization Technical Update - Updating Name of Form I-131 October 30, 2024 This technical update to Volumes 1, 3, 7, 11 and 12 of the Policy Manual updates the name of Form I-131 to align with the current edition of the form. Affected Sections 1 USCIS-PM A.5 - Chapter 5 - Expedite Requests 1 USCIS-PM A.7 - Chapter 7 - Privacy and Confidentiality 1 USCIS-PM B.1 - Chapter 1 - Purpose and Background 1 USCIS-PM B.3 - Chapter 3 - Fees 1 USCIS-PM B.4 - Chapter 4 - Fee Waivers and Fee Exemptions 1 USCIS-PM E.8 - Chapter 8 - Discretionary Analysis 3 USCIS-PM B.12 - Chapter 12 - Travel Outside the United States 3 USCIS-PM G.6 - Chapter 6 - Family Members 7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements 11 USCIS-PM A.3 - Chapter 3 - Reissuance of Secure Identity Documents 12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329) POLICY ALERT - Revision of Request for Certification of Military or Naval Service (Form N-426) March 22, 2023 U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide that only applicants for naturalization under Section 328 or Section 329 of the Immigration and Nationality Act (INA) who are currently serving in the U.S. armed forces are required to file a Request for Certification of Military or Naval Service (Form N-426) along with their Application for Naturalization (Form N-400). Read More Affected Sections 12 USCIS-PM I.2 - Chapter 2 - One Year of Military Service during Peacetime (INA 328) 12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329) 12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329) POLICY ALERT - Calixto Settlement Agreement and Military Accessions Vital to National Interest Naturalization Applicants October 07, 2022 U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update guidance regarding certain Military Accessions Vital to National Interest (MAVNI) naturalization applicants based on a settlement agreement in Calixto, et al., v. U.S. Dep’t of the Army, et al . (Calixto Agreement). Read More Affected Sections 12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329) 12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329) POLICY ALERT - Uncharacterized Military Discharges Eligible for Naturalization August 02, 2022 U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address eligibility of military service members with uncharacterized military discharges for purposes of naturalization under section 328 or section 329 of the Immigration and Nationality Act (INA). Read More Affected Sections 12 USCIS-PM I.2 - Chapter 2 - One Year of Military Service during Peacetime (INA 328) 12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329) POLICY ALERT - Clarifying Guidance on Military Service Members and Naturalization November 12, 2021 U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide clarifications regarding certain naturalization applications filed by current or former members of the U.S. armed forces under sections 328 and 329 of the Immigration and Nationality Act (INA). Read More Affected Sections 12 USCIS-PM I.2 - Chapter 2 - One Year of Military Service during Peacetime (INA 328) 12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329) 12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329) 12 USCIS-PM I.9 - Chapter 9 - Spouses, Children, and Surviving Family Benefits POLICY ALERT - Veterans Residing Outside the United States and Naturalization May 28, 2021 U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide clarifications regarding certain naturalization applications filed by veterans of the U.S. armed forces under section 329 of the Immigration and Nationality Act (INA). These clarifications ensure eligible military veterans who served honorably during specifically designated periods of hostility and meet all other statutory requirements for naturalization are able to naturalize and become U.S. citizens in accordance with U.S. immigration laws. Read More Affected Sections 12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329) 12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329) Technical Update - Replacing the Term “Alien” May 11, 2021 This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”]. Affected Sections 1 USCIS-PM - Volume 1 - General Policies and Procedures 2 USCIS-PM - Volume 2 - Nonimmigrants 6 USCIS-PM - Volume 6 - Immigrants 7 USCIS-PM - Volume 7 - Adjustment of Status 8 USCIS-PM - Volume 8 - Admissibility 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief 10 USCIS-PM - Volume 10 - Employment Authorization 11 USCIS-PM - Volume 11 - Travel and Identity Documents 12 USCIS-PM - Volume 12 - Citizenship and Naturalization POLICY ALERT - Residency Requirements for Children of Service Members and Government Employees Residing Outside of the United States for Purposes of Acquisition of Citizenship September 18, 2020 U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding residency requirements under Section 320 of the Immigration and Nationality Act (INA), as amended by the Citizenship for Children of Military Members and Civil Servants Act. Read More Affected Sections 12 USCIS-PM H - Part H - Children of U.S. Citizens 12 USCIS-PM I - Part I - Military Members and their Families Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual May 21, 2020 U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual. Affected Sections 1 USCIS-PM - Volume 1 - General Policies and Procedures 2 USCIS-PM - Volume 2 - Nonimmigrants 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole 4 USCIS-PM - Volume 4 - Refugees and Asylees 5 USCIS-PM - Volume 5 - Adoptions 6 USCIS-PM - Volume 6 - Immigrants 7 USCIS-PM - Volume 7 - Adjustment of Status 8 USCIS-PM - Volume 8 - Admissibility 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief 11 USCIS-PM - Volume 11 - Travel and Identity Documents 12 USCIS-PM - Volume 12 - Citizenship and Naturalization Technical Update - Implementation of Policy Guidance on Defining “Residence” in Statutory Provisions Related to Citizenship October 29, 2019 This technical update incorporates into Volume 12 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced August 28, 2019 addressing requirements for “residence” in statutory provisions related to citizenship. This guidance became effective October 29, 2019. Affected Sections 12 USCIS-PM H - Part H - Children of U.S. Citizens 12 USCIS-PM I - Part I - Military Members and their Families Technical Update - Replacing the Term “Foreign National” October 08, 2019 This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”]. Affected Sections 1 USCIS-PM - Volume 1 - General Policies and Procedures 2 USCIS-PM - Volume 2 - Nonimmigrants 6 USCIS-PM - Volume 6 - Immigrants 7 USCIS-PM - Volume 7 - Adjustment of Status 8 USCIS-PM - Volume 8 - Admissibility 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief 10 USCIS-PM - Volume 10 - Employment Authorization 11 USCIS-PM - Volume 11 - Travel and Identity Documents 12 USCIS-PM - Volume 12 - Citizenship and Naturalization POLICY ALERT - Defining “Residence” in Statutory Provisions Related to Citizenship August 28, 2019 U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address requirements for “residence” in statutory provisions related to citizenship, and to rescind previous guidance regarding children of U.S. government employees and members of the U.S. armed forces employed or stationed outside the United States. This guidance becomes effective October 29, 2019. Read More Affected Sections 12 USCIS-PM H - Part H - Children of U.S. Citizens 12 USCIS-PM I - Part I - Military Members and their Families Technical Update - Military Accessions Vital to National Interest March 21, 2018 This technical update clarifies that foreign nationals may apply for military naturalization after the certification of honorable service has been properly processed by the U.S. armed forces. Affected Sections 12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329) Technical Update - Clarifying Designated Periods of Hostilities for Naturalization under INA 329 December 13, 2016 This technical update clarifies that, for purposes of naturalization under INA 329, the current period designated by Presidential Executive Order 13269 (July 3, 2002), as a period in which the U.S. armed forces are considered to be engaged in armed conflict with a hostile foreign force, is still in effect. In addition, this update adds information about the USCIS Military Help Line in this part. Affected Sections 12 USCIS-PM I.1 - Chapter 1 - Purpose and Background 12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329) Technical Update - Military Accessions Vital to National Interest Program and Time of Filing for Naturalization October 19, 2016 This technical update clarifies that, in general, Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) enlistees may file an application for naturalization during basic training in the U.S. armed forces. Affected Sections 12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329) POLICY ALERT - Department of Defense Military Accessions Vital to National Interest Program August 03, 2016 U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to provide information about the existing Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) Program. Read More Affected Sections 12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329) POLICY ALERT - Comprehensive Citizenship and Naturalization Policy Guidance January 07, 2013 USCIS is issuing updated and comprehensive citizenship and naturalization policy guidance in the new USCIS Policy Manual. Read More Affected Sections 12 USCIS-PM - Volume 12 - Citizenship and Naturalization 0 Current as of September 18, 2026 Previous Next Was this page helpful? 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