Military Service and U.S. Citizenship

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Most Common Immigration Law Issues:

Who Can Serve in the U.S. Military?

Certain aliens are allowed to serve in the U.S. Military, namely those who have already been issued green cards.  In some instances, foreign nationals with temporary visas may be eligible for service in the United States military.

Generally, “service in the U.S. military” includes service in the following branches:  Army, Air Force, Navy, Marine Corps, Coast Guard, some functions of the National Guard, and certain parts of the Ready Reserve. 

What are Some Requirements for Military Personnel Seeking U.S. Citizenship?

Members of the U.S. military are usually are usually eligible for naturalization and citizenship.  In fact, depending on their military status, they may be eligible for special or expedited processing of their citizenship. 

However, aliens serving in the U.S. military still need to meet all the basic requirements for U.S. citizenship through naturalization.  These include:  filing Form N-400 (“Application for Naturalization”); meeting good moral character requirements; having knowledge of U.S. history and government; being able to speak, read, and write in the English language.  Also, they must state their allegiance and loyalty to the U.S., and demonstrate a willingness to uphold the U.S. Constitution.

What is a Form N-426?

Applicants for naturalization serving in the military (or who have served in the military) usually must submit a Form N-426, “Certification of Military or Naval Service”.  This form should be signed by the appropriate military personnel, and should be submitted along with their Form N-400. 

Service members must also file Form N-426 along with their N-400 forms. This is a Certification of Military or Naval Service, and it must be signed by military personnel.
Service members must meet the same other requirements as anyone else applying for naturalization as a U.S. citizen. They must demonstrate knowledge of the U.S. government and history, and they must be able to read, speak, and write English. They must be of good moral character.

Can Naturalization be Revoked?

Under certain circumstances, an application for naturalization can be revoked, and citizenship can sometimes be revoked after it’s been granted.  Some reasons for this can include: 

Thus, while military personnel may have certain privileges when it comes to filing for naturalization, they can also be subject to stricter requirements.  This is especially true when it comes to the manner in which they were discharged from service.  For these reasons, it’s generally recommended to work with a lawyer when filing a naturalization application.

Do I Need a Lawyer for Advice on Military Service and U.S. Citizenship?

Immigration and citizenship laws can often be complex, especially for person who are serving in the military.  It’s to your advantage to hire a lawyer for advice regarding U.S. military service and citizenship applications.  Your lawyer can help review your application and other important documents, to ensure that you’re meeting all the various requirements.  Also, if any additional hearings are required, your attorney can be on hand to guide you during the process.

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Last Modified: 08-06-2012 04:11 PM PDT

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