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Tuesday, March 29, 2011

Basic Requirements For Military Exemptions For Citizenship

CHANGES IN INA SEC. 328 AND 329

  • A streamlined process for veterans to become citizens.
  • Avoids time requirements for living in the US or for marriage in order to apply for citizenship.

a.  Usually need at least five years in the US or 3 years in a marriage

 

 

PEACE TIME ACTIVE DUTY EXCEPTION  Sec. 328

  • Can apply after one year of military service
  • Be a legal permanent resident at the time of his/her examination by USCIS on form N-400, application for naturalization.
  • No minimum requirement for residence or physical presence within the US.
  • Application must be filed while the person is still serving in the military or within 6 months of an honorable discharge.
  •  

 

SERVICE DURING HOSTILE TIMES  Sec. 329

 

  • Requires at least ONE DAY of active duty during hostile service.
  • Applies to Viet Nam Vets, operation Desert Storm, and the Korean War.

 

SURVIVING SPOUSE OF PERSON WHO WAS KILLED WHILE ON ACTIVE DUTY  329( a ) and 319 (d )

  • Section 319(d) of the INA provides for the naturalization of the surviving spouse of a U.S. citizen who died while serving honorably in an active duty status in the armed forces of the United States.
  • The spouse and U.S. citizen servicemember must have been living as a married couple at the time of death.
  • No prior residency or physical presence in the United States, a state, or immigration district is required to file a naturalization application under this section.

 

SERVICE IN NATIOAL GUARD

  • On November 24, 2003, the National Defense Authorization Act for Fiscal Year 2004,
    [Pub. L. 108-136, 117 Stat. 1392 (2003)] extended the benefit of naturalization under section 329 to individuals who have served honorably as members of the Selected Reserve of the Ready Reserve1 of the U.S. Armed Forces during designated periods of
    hostilities.

  • The Selected Reserve consists of those individuals within the Ready Reserve
    designated by their respective services as so essential to the national military strategy that they
    have priority over all other Reserves. They also adhere to specific training requirements
    1 Prior
  • Must file Form N-426, “Request for Certification of Military or Naval Service.”
  • Can submit form “DD Form 214”, “Certificate of Release or Discharge from
    Active Duty,” in place of N-426

    a.  The applicant is separated from the Armed Forces at the time of filing Form N-400;
    b.  2. The applicant submitted a photocopy of his or her NGB Form 22 that lists eligible service
    (such service should also be listed on Form N-426); and
    c. NGB Form 22 lists information on the type of separation and character of service (such
    information may be found in block 24).

GENERAL REQUIREMENTS

  • Moral Character: You must be a person of good moral character.
  • Criminal record – Your criminal record will be considered when determining eligibility.
  • Lying and crimes of moral terpitude, (theft, prostitution, violence, drugs) may be used to disqualify you.
  • Proficiency in the English Language:  You will have to show proficiency with the English Language.
  • Knowledge of Civics: You will have to show a basic knowledge of history, form of government and other civics basics.

 

If a representative is not available on base, visit USCIS atwww.USCIS.gov. A military help line is also available through USCIS at 877-CIS-4MIL (877-247-4645).

tim paynter attorney at law

120 South Kalamath St. Denver, CO., 80223

720.951.1700/immigrants2bfree@gmail.com

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