1 Naturalization Workshop for the Military USCIS Information and Customer Service Division Customer Assistance Office

2 Objectives Review general steps of naturalization process Completing the N-400, G-325B, and N-426 Certification for military or naval services Identify problematic situations Waivers, exceptions and special cases Child Citizenship Act of 2001 Posthumous benefits

3 Determine eligibility requirements for military personnel and family members Define the key terminology relevant to naturalization processes At the conclusion of the workshop, you should be able to do the following: Workshop Expectations

4 U.S. Citizenship Citizenship is one of the most coveted gifts that the U.S. government can bestow and the most important immigration benefit that USCIS can grant. Most people become U.S. citizens in one of two ways: By birth, either within the territory of the United States or to U.S. citizen parents, or By naturalization

5 Contiguous United States or U.S. Territories United States Guam Panama Canal Zone American Samoa Swains Island Virgin Island On a U.S. flag ship after 1997

6 Naturalization Information for Military Personnel Army Navy Marine Corp Air Force Coast Guard Certain Reserve components of the National Guard Selected Reserve of the Ready Reserve

7 Naturalization Requirements Completed N-400, Application for Naturalization, G-325B, Biographic Information, N-426, Request for Certification of Military or Naval Service, and FD-258, Fingerprint Card or Fingerprint Authorization Form. Ability to read, write, and speak English Knowledge and understanding of U.S. history and government Good moral character Attachment to the principles of the U.S. Constitution Favorable disposition toward the United States

8 Section of Law for Armed Forces All naturalization applicants filing under the military provisions of Section 328 or 329 of the Immigration and Nationality Act (INA) need to be members of the United States Armed Forces.

9 Section 328 Requirements Must be lawful permanent residence at time of filing Serving in US military, honorable service, or was honorably discharged within 6 months at time of filing N-400, Application for Naturalization Has at least one year of service under honorable conditions at time of filing

10 What Is Section 329? Military personnel are eligible to apply for citizenship under special provisions provided for in the Immigration and Nationality Act (INA) Section 329. Honorable service in active duty military status during period of war/hostility declared by President in Executive Order Became a Legal Permanent Resident (LPR) after enlistment/ induction, or enlisted/re-enlisted while in the United States, whether or not applicant is a LPR

11 Dates Specified in Section 329 World War I Between Sept. 1, 1939, and Dec. 31, 1946 (World War II) Between June 25, 1950, and July 1, 1955 (Korean War) Between Feb. 28, 1961, and Oct. 15, 1978 (Vietnam War) Between Aug. 29, 1990, and April 11, 1991 (Persian Gulf War) Between Sept. 11, 2001, and Present (War on Terrorism) Conflict and dates designated in Section 329:

12 Selective Service All males between the ages of 18 and 26 residing in the United States must register for Selective Service.

13 Address for Application Purposes May use the address of one of the following: Physical residence three months prior to joining Armed Forces Residence of spouse or minor children Home of record

14 Fee Waiver Fees have been waived for military personnel effective October 1, Fee may not be waived for family members – the family members may qualify for a fee waiver under 8 CFR 103.7(c)

15 Constitutional Attachments Acceptance of the constitutional process and willingness to obey the laws of the United States Modified oath permissible due to religious or personal objection

16 Point of Contact Assistance Designated military official or point of contact (POC) under each branch of the military will assist their members who are applying for naturalization under Section 328 or 329. The designated POC will: –Pre-certify the N-426 –Conduct the G-325B background check –Refer the applicant to be fingerprinted at an Application Support Center (ASC), consulate, or military installation abroad

17 Exceptions Applicants and petitioners residing abroad United States consular or military installation abroad DO NOT need to be fingerprinted by USCIS FD-258 filed the same time as the application Fingerprints taken within one year of filing the application FP authorization form

18 Form N-426─Request for Certification of Military or Naval Service The applicant completes the front page regarding service information; the back is verified and certified by the military POC. Certifying official completes pages 2, 4, and 6 only - Applicant completes pages 1, 3, and 5 only Please ensure the pages indicated above are completely filled out and that you have not omitted any information.

19 N-400─Application for Naturalization Please read and follow instructions for completing N-400.

20 Passport-Style Photos NEW! ─ USCIS now uses passport-style photos using full- frontal face position RightWrong

21 G-325B─Biographical Information This document is for used by the Armed Forces for military personnel only; it is not used for family members.

22 Application Process If you qualify… Every military installation should have a designated POC to handle your application and certify your Request for Certification of Military or Naval Service (N-426).

23 Potential Problems with Application Process N-426 form not properly certified by designated military POC G-325B form not completed properly Applicant not referred to ASC for fingerprinting prior to filing Applicant does not receive assistance from local unit/base Applicant filed at wrong Service Center

24 Potential Problems With Overseas Applications Lists foreign mailing address Lists APO/FPO or foreign residential address No interview site identified Fingerprints unacceptable No fingerprints submitted with case Dates of availability not listed

25 Where to File Nebraska Service Center P.O. Box Lincoln, Nebraska

26 Naturalization Test Exceptions These exceptions apply for all applicants: English literacy: –50 years old and 20 years of residency –55 years old and 15 years of residency Modified government and history: –65 years old and 20 years residency

27 Naturalization Text Examples Civics Who is the President of the United States? There are how many stars on the flag? I want to be a citizen of the (United States). I want to become an American citizen so I can (vote). English Literacy He has a big dog. He came to live with his brother. I came to _____(city) today. I drive a blue car.

28 Oath Ceremony Notice providing location, date, and time of ceremony will be sent once the applicant is approved. Changes as of October 1, 2004: –No fees will be charged when members of the Armed Forces file for naturalization. –The naturalization process is now available overseas to members of the Armed Forces at U.S. embassies, consulates, and, where practical, at military installations abroad.

29 Overseas Naturalization As of October 1, 2004, military applicants naturalizing overseas should notify either the Rome or Seoul Consulates of their intention. DHS.gov

30 Overseas Ceremonies Naturalization ceremonies have taken place in numerous overseas locations: Iraq Afghanistan Rome Frankfurt Seoul Tokyo Okinawa

31 N-336─Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336 of the Act If you are denied citizenship, you may file a Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336 of the Act (N-336).

32 Additional Information If you are married to a U.S. citizen who is a member of the U.S. Armed Forces and your spouse is, or will be, deployed abroad by the Armed Forces for one year, you may be, eligible for expedited naturalization under Section 319(b) of the Immigration and Nationality Act (INA). Please refer to the USCIS Guide to Naturalization (page 22) at Military Spouses ─ Spouses of US citizens Deployed Abroad

33 Additional Information (Continued) Automatic citizenship for biological and adopted child if: ─ Under 18 at time of parent’s naturalization ─ Lawful Permanent Resident (green card) ─ Legal and physical custody of parent Stepchildren are NOT eligible. Parents may file N-600, Application of Certification of Citizenship, to obtain proof of citizenship Child Citizenship Act of 2001─ Enacted on Feb. 27, 2001

34 Section 329A─Posthumous Citizenship Posthumous benefits ─ The Immigration and Nationality Act (INA) allows for awarding of posthumous citizenship to active- duty military personnel who died while serving in the Armed Forces. In addition, surviving family members seeking immigration benefits are given special consideration. Request for posthumous citizenship ─ The request is accompanied by a duly authenticated certificate from the executive department under which the person served that states the person satisfied the requirements of this law and the Director finds that the person satisfied the requirements.

35 Questions?

36