The applicant must be able to read, write, and speak basic English. Both “Honorable” and “General-Under Honorable Conditions” discharge types qualify as honorable service for immigration purposes. VI, 45 Stat. U.S. VI, 54 Stat. L. 116-133 (PDF). 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. See Op. 2. Service in a National Guard Unit may also qualify. 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. [^ 3] See Executive Order 12582, signed on February 2, 1987 (52 FR 3395, February 4, 1987). The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020. IV, 22 Stat. 405 of Pub. MANAGERS: Perlmutter/Woodall 1. In April 2020, EPA and the Army Corps of Engineers issued the final Navigable Waters Protection Rule amending the definition of “water of the United States” and replacing EPA’s October 2019 final rule. L. 116-133 (PDF) (March 26, 2020). An applicant who files on the basis of military service during hostilities is exempt from the general naturalization requirements of continuous residence and physical presence. Judicial challenges to EPA’s October 2019 and April 2020 final … [^ 2] See INA 329(b). [^ 13] See 8 CFR 329.2. L. 382 (38 U.S.C. Order No. 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”]. 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. The DOD requires most applicants 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. VI, 47 Stat. 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. [^ 1] See Application of Campbell, 5 F.2d 247 (E.D. Publication 3 - Introductory Material What's New Reminders Introduction. Share sensitive information only on official, secure websites. Under 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. 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. 587, 589, effective 1850, Art. 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 DOD. 2817, 2821 (effective 1926 to February 8, 1958), Art. L. 110-382), 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. [^ 8] See 8 CFR 329.1 and 8 CFR 329.2. 2105, 2108, effective 1902, Art. of Labor, Jan, 1926, CO file 79/9. [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. 12.17 - 12.18 Unclaimed effects to be sold/ Disposition of funds and effects left by officers and enlisted men on the active list of the Army, Navy or Marine Corps of the United States Under Pub. Wash. 1925). An applicant who requested, applied for, and obtained a discharge or exemption from military service from the U.S. armed forces on the ground that he or she is an alien (“alienage discharge”) is permanently ineligible for naturalization unless he or she qualifies for an exception (discussed below). [1]Â, An exemption from military service is either a permanent exemption from induction into the U.S. armed services or the release or discharge from military training or service in the U.S. armed forces. [2] Induction means compulsory entrance into military service of the United States by conscription or by enlistment after being notified of a pending conscription.Â. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. U.S. L. 116-133 (PDF). There are exceptions to the permanent bar to naturalization for obtaining a discharge or exemption from military service on the ground of alienage. [3]Â, The permanent bar does not apply to the applicant if he or she establishes by clear and convincing evidence that:Â. X, 10 Stat. 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. [19]. USCIS is providing this general information in the Policy Manual to assist potential service members and their families. The applicant had no liability for military service (even in the absence of an exemption) at the time he or she requested an exemption from military service; The applicant did not request or apply for the exemption from military service, but such exemption was automatically granted by the U.S. Government; [4]Â. [25], The DOD does not disqualify otherwise eligible applicants to the MAVNI program by virtue of having a pending adjustment of status application with USCIS. VI, 44 Stat, 2441, 2445 (effective 1925 to July 5, 1952), Art. The exemption from military service was based upon a ground other than the applicant's alienage; The applicant was unable to make an intelligent choice between an exemption from military service and citizenship because he or she was misled by an authority from the U.S. Government or from the government of his or her country of nationality; The applicant applied for and received an exemption from military service on the basis of alienage, but was subsequently inducted into the U.S. armed forces or the National Security Training Corps; [5]Â, Prior to requesting the exemption from military service, the applicant served a minimum of eighteen months in the armed forces of a nation that was a member of the North Atlantic Treaty Organization at the time of his or her service, or the applicant served a minimum of twelve months and applied for registration with the Selective Service Administration after September 28, 1971; or, Prior to requesting the exemption from military service, the applicant was a “treaty national” [6] who had served in the armed forces of the country of which he or she was a national. [7]Â, The tables below provide lists of countries that currently have (or previously had) effective treaties providing reciprocal exemption from military service. [8]Â, Countries with Effective Treaties Providing Reciprocal Exemption from Military Service, Art. [^ 26] See Form I-485, Application to Register Permanent Residence or Adjust Status. 2641, 2643, effective 1928, Art. [2], 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, or Coast Guard. [^ 22] See section on eligibility in the DOD MAVNI Fact Sheet (PDF). A .gov website belongs to an official government organization in the United States. 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. 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. 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. IX, 10 Stat. See the DOD MAVNI Fact Sheet (PDF). [^ 4] See USCIS Policy Alert, Defining “Residence” in Statutory Provisions Related to Citizenship [PA-2019-05] (PDF, 308.45 KB). 1443a - Overseas naturalization for service members and their qualifying spouses and children, INA 101(f) - Definition of good moral character, INA 314 - Ineligibility to naturalization of deserters from U.S. armed forces, INA 315 - Citizenship denied alien relieved of service in armed forces because of alienage, INA 316, 8 CFR 316 - General requirements for naturalization, INA 328, 8 CFR 328 - Naturalization through peacetime military service for one year, INA 329, 8 CFR 329 - Naturalization through military service during hostilities, INA 332, 8 CFR 332 - Naturalization administration, executive functions, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, N-426, Request for Certification of Military or Naval Service, 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. 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], Naturalization of Natives of the Philippines (WWII Service), Sec. Honorable service means only service in the U.S. armed forces that is designated as honorable service by the executive department under which the applicant performed that military service. [1] This interpretation was consistent with the definition of “residence” for purposes of naturalization under INA 316. [5] USCIS does not require proof of federal activation for a National Guard applicant if the applicant served in the Selected Reserve of the Ready Reserve during a designated period of hostility. [7], 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 and noncitizen nationals eligible under INA 329 as of September 11, 2001. [^ 17] For further information and details of the DOD program, see the DOD MAVNI Fact Sheet (PDF) or contact the DOD. 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. 12 USCIS-PM I.1 - Chapter 1 - Purpose and Background. A nonrequesting spouse is the individual to whom the requesting spouse was married and whose income or deduction gave rise to the tax liability from which the requesting spouse seeks relief in whole or in part. 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], 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 non-citizens 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), 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, 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. 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). XIV, 63 Stat. See Exec. [1]. Guidance Documents. [22] The DOD does not apply this 90-day limitation on absences to DACA recipients. U.S. [^ 25] A J-1 exchange visitor’s dependent spouse or child is issued a J-2 nonimmigrant visa. "As a freshman at Mason, I had difficulties being on my own for the first time. 916, 921, effective 1851, Art. L. 108-136). of Labor, Jan, 1926, CO file 79/9. 12 USCIS-PM H - Part H - Children of U.S. Citizens, 12 USCIS-PM I - Part I - Military Members and their Families. L. 110-251), 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. Use the following coupon code : ESYD15%2020/21 Copy without space. [20] USCIS is unable to adjudicate a naturalization application without a properly submitted N-426. Order No. The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020. See INA 329. [3]. To find remaining AFM content, see the crosswalk (PDF, 327.05 KB) between the AFM and the Policy Manual. Declared by Joint Resolution of Congress of April 6, 1917 (40 Stat. Recent legislation contains new rules that provide for tax-favored withdrawals, income inclusion, and repayments for individuals who were diagnosed with or suffered …