Naturalization for the Military by fqy94797

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									Naturalization for
the Military
U.S. Citizenship

People become U.S. citizens in one of
two ways:
 •Birth in the United States or abroad
  to U.S. citizen parents, or
 •Naturalization
United States or U.S. Territories

•United States (& territorial water, air space)
•Guam
•American Samoa
•Swains Island
•Virgin Island
•Puerto Rico
Naturalization for Military
Personnel
• Army
• Navy
• Marine Corp
• Air Force
• Coast Guard
• Certain Reserve components of the National Guard
• Selected Reserve of the Ready Reserve
Statistics
• 2008: 6,179 members of military were
  naturalized
• Since September 2001:
  41,000 members of military have been
  naturalized
  117 grants of posthumous citizenship
• 5% of U.S. military is foreign born (1/2 are
  naturalized U.S. citizens)(Mexico &
  Philippines two countries most represented)
 Naturalization Requirements for
 Military
• Forms: Completed N-400, Application for Naturalization,
  G-325B, Biographic Information,
  N-426, Certification of Military or Naval Service, and
  FD-258, Fingerprint Card
• English(speak, read, write)
• Civics exam: U.S. history and government
• Good moral character
• Oath of allegiance: Attachment to the principles of the U.S.
  Constitution, renunciation of former citizenship.
 Special Naturalization Provisions
 for Military
---Immigration and Nationality
Act (INA) sec. 328, 8 USC
1439 if serve during
peacetime.
---INA sec. 329, 8 USC 1440, if
serve during war.
Section 328 – Peacetime
• Must be lawful permanent residence
• Serve at least one year (aggregate) under
  honorable conditions at time of filing
• Exempt from requirement of physical presence in
  the U.S. if presently serving in US military, or
  honorably discharged within past 6 months
• Good moral character
 Section 329 – Wartime Service
●Honorable service in active duty military status
during period of war/hostility declared by President in
Executive Order—1 day sufficient
●Legal Permanent Resident (LPR) or enlisted while
in the United States
●Good moral character for 1 year prior to filing
application & until take oath
Dates Specified in Section 329

• World War I: April 6, 1917 – Nov. 11, 1918
• World War II: Sept. 1, 1939, and Dec. 31, 1946
• Korean Conflict: June 25, 1950, and July 1, 1955
• Vietnam Hostilities: Feb. 28, 1961, and Oct. 15, 1978
• Persian Gulf War: Aug. 29, 1990, and April 11, 1991
• War on Terrorism: Sept. 11, 2001, and Present
Statutory Definition of GMC
INA § 101(f), 8 USC 1101(f):
 lack good moral character if:
 ●convicted of crime involving moral turpitude
 ●convicted of 2 or more crimes & sentenced to 5 years or more
  ●gives false testimony to obtain an immigration benefit,
  ●convicted of murder (permanent bar)
  ●convicted of an aggravated felony on or after 11/29/1990
 (permanent bar). Aggravated felonies are listed at
 1101(a)(43)(A)-(U).

  ●makes false claim of U.S. citizenship, unlawfully registers to
 vote, fails to register for Selective Service, & other behavior
 reflective of bad moral character.
Hypo

• Highly decorated officer in the Navy
  discovers he is not in fact a U.S. citizen.
  His parents had paid a midwife to register
  his birth in the U.S. He would like to be
  naturalized. However, in January 2001, he
  was convicted of theft and received a 1
  year sentence, that the court suspended
  the execution of.
• Is he eligible to naturalize?
No—An aggravated felony conviction
after 11/29/1990, is a permanent bar.
• He should not apply for naturalization because he
  is not eligible and might end up in removal
  proceedings.
• Could apply for pardon by President or Governor.
• Could return to criminal court to seek resentencing
  to less than 1 year (which is minimum sentence for
  theft to be an aggravated felony).
• An expungement based on rehabilitation is
  ineffective for immigration purposes.
The ―Unlawful Acts‖ Regulation
“Unless the applicant establishes extenuating
circumstances, the applicant shall be found
to lack good moral character if, during the
statutory period, the applicant committed
unlawful acts that adversely reflect upon the
applicant’s moral character….”
8 CFR § 316.10(b)(3)(iii).
Fee Waiver
• Fees have been waived for military personnel
  effective October 1, 2004.


• Fees are not waived for military’s family
  members. However, there is a general fee
  waiver provision for demonstrated inability to
  pay under 8 CFR 103.7(c)
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
Fingerprinting—various locations
• Applicant may appear at any domestic USCIS Application
  Support Center for fingerprinting
• USCIS may use any fingerprints already on file for the
  applicant
• USCIS may use fingerprints taken at the time of enlistment
  into the military
• The applicant may have fingerprints taken at a U.S.
  Military installation overseas, or at a U.S. embassy using
  the FD-258 fingerprint card
• The applicant may have fingerprints taken at select military
  installations in the U.S. by USCIS personnel
N-400─Application for Naturalization
G-325B─Biographical Information
This document is for used by
the Armed Forces for military
personnel only; it is not used for
family members.
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
• Lack of Good Moral Character -- e.g. committed
  fraud when enlisted, or conviction, etc.
Application Process

Every military installation should
have a designated POC to
handle the application and
certify the Request for
Certification of Military or Naval
Service (N-426).
Where to File (even if stationed
abroad)

Nebraska Service Center
P.O. Box 87426
Lincoln, Nebraska 68501-7426
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 exam:
  –65 years old and 20 years residency
Naturalization Text Examples
Civics                           English Literacy
• Who is presently the Vice      • He has a big dog.
  President of the United
  States?                        • He came to live with his
• Name one state that borders      brother.
  Canada.
                                 • I came to _____(city) today.
• Name one war fought by the
  United States in the 1800s.    • I drive a blue car.
• The Federalist Papers
  supported the passage of the
  U.S. Constitution. Name one
  of the writers (Madison,
  Hamilton, Jay & aka Publius)
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.
Overseas Naturalization
As of October 1, 2004, military applicants naturalizing
overseas should notify either the Rome or Seoul
Consulates of their intention.
  • Rome.Natz@DHS.gov
  • CIS.Seoul@ DHS.gov
Overseas Ceremonies
Naturalization ceremonies have taken place in numerous
 overseas locations:
  • Iraq (week of June 29, 2009—ceremony for 300 scheduled)
  • Afghanistan
  • Rome
  • Frankfurt
  • Seoul
  • Tokyo
  • Okinawa
INA 336, 8 USC 1447─
if USCIS denies naturalization
application, there is de novo
review available in federal
court
 Child Citizenship Act of
 2001, INA sec. 320
• Automatic citizenship for biological and adopted child if:
  ─Child is under 18
  ─At least one parent is citizen (by birth or naturalization)
  ─Child is a Lawful Permanent Resident (green card)
  ─Child is in legal and physical custody of citizen parent
• Stepchildren are NOT eligible.
• Good moral character is not required.
Section 329A─Posthumous
Citizenship
• Posthumous citizenship ─ Available for active-duty military
  personnel who died while serving in the Armed Forces. Must
  apply within 2 years. Surviving family members also eligible
  for immigration benefits.


• 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.
Questions?

								
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