**INA: ACT 329 - NATURALIZATION THROUGH ACTIVE-DUTY SERVICE IN THE ARMED
FORCES DURING WORLD WAR I, WORLD WAR II, THE KOREAN HOSTILITIES, THE
VIETNAM HOSTILITIES, OR IN OTHER PERIODS OF MILITARY HOSTILITIES**

**Sec. 329. \[8 U.S.C. 1440\]**

\(a\) Any person who, while an alien or a noncitizen national of the
United States, has served honorably as a member of the Selected Reserve
of the Ready Reserve or 1/ in an active-duty status in the military,
air, or naval forces of the United States during either World War I or
during a period beginning September 1, 1939, and ending December 31,
1946, or during a period beginning June 25, 1950, and ending July 1,
1955, or during a period beginning February 28, 1961, and ending on a
date designated by the President by Executive order as the date of
termination of the Vietnam hostilities, or thereafter during any other
period which the President by Executive order shall designate as a
period in which Armed Forces of the United States are or were engaged in
military operations involving armed conflict with a hostile foreign
force, and who, if separated from such service, was separated under
honorable conditions, may be naturalized as provided in this section if
(1) at the time of enlistment, reenlistment, extension of enlistment, 1/
or induction such person shall have been in the United States, the Canal
Zone, America Samoa, or Swains Island, or on board a public vessel owned
or operated by the United States for noncommercial service, 1/ whether
or not he has been lawfully admitted to the United States for permanent
residence, or (2) at any time subsequent to enlistment or induction such
person shall have been lawfully admitted to the United States for
permanent residence. The executive department under which such person
served shall determine whether persons have served honorably in an
active-duty status, and whether separation from such service was under
honorable conditions: Provided, however, That no person who is or has
been separated from such service on account of alienage, or who was a
conscientious objector who performed no military, air, or naval duty
whatever or refused to wear the uniform, shall be regarded as having
served honorably or having been separated under honorable conditions for
the purposes of this section. No period of service in the Armed Forces
shall be made the basis of a application for naturalization under this
section if the applicant has previously been naturalized on the basis of
the same period of service.

\(b\) A person filing an application under subsection (a) of this
section shall comply in all other respects with the requirements of this
title, except that-

\(1\) he may be naturalized regardless of age, and notwithstanding the
provisions of section 318 as they relate to deportability and the
provisions of section 331;

\(2\) no period of residence or specified period of physical presence
within the United States or any State or district of the Service in the
United States shall be required; 2/

\(3\) service in the military, air, or naval forces of the United States
shall be proved by a duly authenticated certification from the executive
department under which the applicant served or is serving, which shall
state whether the applicant served honorably in an active-duty status
during either World War I or during a period beginning September 1,
1939, and ending December 31, 1946, or during a period beginning June
25, 1950, and ending July 1, 1955, or during a period beginning February
28, 1961, and ending on a date designated by the President by Executive
order as the date of termination of the Vietnam hostilities, or
thereafter during any other period which the President by Executive
order shall designate as a period in which Armed Forces of the United
States are or were engaged in military operations involving armed
conflict with a hostile foreign force, and was separated from such
service under honorable conditions; and 2/

\(4\) 2/ notwithstanding any other provision of law, no fee shall be
charged or collected from the applicant for filing a petition for
naturalization or for the issuance of a certificate of naturalization
upon citizenship being granted to the applicant, and no clerk of any
State court shall charge or collect any fee for such services unless the
laws of the State require such charge to be made, in which case nothing
more than the portion of the fee required to be paid to the State shall
be charged or collected.

\(c\) 3/ Citizenship granted pursuant to this section may be revoked in
accordance with section 340 if the person is separated from the Armed
Forces under other than honorable conditions before the person has
served honorably for a period or periods aggregating five years. Such
ground for revocation shall be in addition to any other provided by law,
including the grounds described in section 340. The fact that the
naturalized person was separated from the service under other than
honorable conditions shall be proved by a duly authenticated
certification from the executive department under which the person was
serving at the time of separation. Any period or periods of service
shall be proved by duly authenticated copies of the records of the
executive departments having custody of the records of such service.

**8 CFR PART 328 \-- SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED:
PERSONS WITH THREE YEARS SERVICE IN ARMED FORCES OF THE UNITED STATES**

Sec. 328.1 Definitions.

Sec. 328.2 Eligibility.

Sec. 328.3 Jurisdiction.

Sec. 328.4 Application.

Authority: 8 U.S.C. 1103, 1439, 1443.

Sec. 328.1 Definitions.

As used in this part:

Honorable service means only that military service which is designated
as honorable service by the executive department under which the
applicant performed that military service. Any service that is
designated to be other than honorable will not qualify under this
section.

Service in the Armed Forces of the United States means:

\(1\) Active or reserve service in the United States Army, United States
Navy, United States Marines, United States Air Force, or United States
Coast Guard; or

\(2\) Service in a National Guard unit during such time as the unit is
Federally recognized as a reserve component of the Armed Forces of the
United States.

Sec. 328.2 Eligibility.

To be eligible for naturalization under Section 328(a) of the Act, an
applicant must establish that the applicant:

\(a\) Has served honorably in and, if separated, has been separated
honorably from, the Armed Forces of the United States;

\(b\) Has served under paragraph (a) of this section for a period of
three or more years, whether that service is continuous or
discontinuous;

\(c\) Is a lawful permanent resident of the United States at the time of
the examination on the application;

\(d\) Has been, during any period within five years preceding the filing
of the application for naturalization, or the examination on the
application if eligible for early filing under Section 334(a) of the
Act, and continues to be, of good moral character, attached to the
principles of the Constitution of the United States, and favorably
disposed toward the good order and happiness of the United States.

\(1\) An applicant is presumed to satisfy the requirements of this
paragraph during periods of honorable service under paragraph (a) of
this section.

\(2\) An applicant must establish that he or she satisfies the
requirements of this paragraph from the date of discharge from military
until the date of admission to citizenship.

\(3\) An applicant whose honorable service is discontinuous must also
demonstrate that he or she satisfies the requirements of this paragraph
for those periods of time when that applicant is not in honorable
service.

\(e\) Has complied with all other requirements for naturalization as
provided in part 316 of this chapter, except that:

\(1\) An applicant who files an application for naturalization while
still in honorable service, or within six months after termination of
such service, is generally not required to satisfy the residence
requirements under Sec. 316.2(a)(3) through (a)(6) of this chapter;
however, if the applicant\'s military service is discontinuous, that
applicant must establish, for periods between honorable service during
the five years immediately preceding the date of filing the application,
or the examination on the application if eligible for early filing under
Section 334(a) of the Act, that he or she resided in the United States
and in the State or Service district in the United States in which the
application is filed.

\(2\) An applicant who files an application for naturalization more than
six months after terminating honorable service must satisfy the
residence requirements under Sec. 316.2(a)(3) through (a)(6) of this
chapter. However, any honorable service by the applicant within the five
years immediately preceding the date of filing of the application shall
be considered as residence within the United States for purposes of Sec.
316.2(a)(3) of this chapter.

Sec. 328.3 Jurisdiction.

An application filed within 6 months after discharge may be filed with
any office of the Service within the United States regardless of place
of residence of the applicant. An application filed more than 6 months
after discharge shall be filed with the Service office having
jurisdiction over the State or Service district where the applicant has
been residing for at least three months immediately preceding the filing
of the application, or immediately preceding the examination on the
application if the application was filed early pursuant to Section
334(a) of the Act and the three month period falls within the required
period of residence under Section 316(a) or 319(a) of the Act.

Sec. 328.4 Application.

An applicant for naturalization under this part must submit an
Application for Naturalization, Form N-400, as provided in Sec. 316.4 of
this chapter. The application must be accompanied by Form N-426,
Certificate of Military or Naval Service; and Form G-325B, Biographic
Form.