# Part I - Military Members and their Families

- Guidance
- Resources (30)
- Appendices (2)
- Updates (17)
- History (0)

## Resources

8 CFR 316.5(b)(6) - Residence for certain spouses of military personnel

8 CFR 316.6 - Physical presence for certain spouses of military personnel

8 U.S.C. 1443a - Overseas naturalization for service members and their qualifying spouses and children

INA 101(b)(1) - Definition of child

INA 101(c) - Definition of child for citizenship and naturalization

INA 101(f) - Definition of good moral character

INA 284 - Applicability to members of the armed forces

INA 312, 8 CFR 312 - Educational requirements for naturalization

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 319, 8 CFR 319 - Spouses of U.S. citizens

INA 320, 8 CFR 320 - Children residing permanently in the United States

INA 322, 8 CFR 322 - Children residing outside the United States

INA 328(f) - Revocation of naturalization

INA 328, 8 CFR 328 - Naturalization through peacetime military service for one year

INA 329(c) - Revocation of naturalization

INA 329, 8 CFR 329 - Naturalization through military service during hostilities

INA 329A, 8 CFR 392 - Posthumous citizenship

INA 332, 8 CFR 332 - Naturalization administration, executive functions

INA 336, 8 CFR 336 - Hearings on denials of applications for naturalization

INA 340 - Revocation of naturalization

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

N-336, Request for a Hearing on a Decision in Naturalization Proceedings

N-400, Application for Naturalization

N-426, Request for Certification of Military or Naval Service

N-600, Application for Certificate of Citizenship

N-600K, Application for Citizenship and Issuance of Certificate Under Section 322

N-644, Application for Posthumous Citizenship

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

## Appendices

Appendix: History of Acquiring Citizenship under INA 320 for Children of U.S. Citizens who are Members of the U.S. Armed Forces, U.S. Government Employees, or their Spouses

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.**[1]** This interpretation was consistent with the definition of “residence” for purposes of naturalization under INA 316.**[2]** Based on this treatment of U.S. government employees and their children in the context of naturalization under INA 316, USCIS determined that “residing in the United States” for purposes of acquisition of citizenship under INA 320 should likewise be interpreted to include children of U.S. military and government employees stationed outside of the United States who were residing with their parents.**[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. Effective October 29, 2019, USCIS amended its policy guidance to address these concerns, and determined that children of members of the U.S. armed forces or U.S. government employees stationed outside of the United States would not be eligible for citizenship acquisition under INA 320.**[4]**

On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted,**[5]** amending INA 320, so that a child residing with his or her U.S. citizen parent, who is stationed outside of the United States as a member of the U.S. armed forces or a U.S. government employee, or is residing in marital union with a member of the U.S. armed forces or a U.S. government employee who is stationed outside of the United States, acquires citizenship under INA 320 if all requirements of INA 320(c) and INA 320(a)(1)-(2) are met. 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.

The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020.

### Footnotes

----

[^ 1] Even though the child of a member of the U.S. armed forces or U.S. government employee stationed outside of the United States may be eligible to apply for a Certificate of Citizenship under INA 322 since he or she resides outside of the United States, USCIS interpreted the child to meet residency requirements under INA 320 as well, which formerly required the child to be residing in the United States with his or her parent to acquire citizenship.

[^ 2] For example, U.S. government employees, including members of the U.S. armed forces, are eligible to apply for an exception to the continuous residence requirement for naturalization under INA 316 as long as their residency outside of the United States was on behalf of the U.S. government. See INA 316(b). See INA 316(a). See Part D, General Naturalization Requirements, Chapter 3, Continuous Residence [12 USCIS-PM D.3].

[^ 3] See Policy Manual Technical Update, Child Citizenship Act and Children of U.S. Government Employees Residing Abroad (July 20, 2015); and Acquisition of Citizenship by Children of U.S. Military and Government Employees Stationed Abroad under Section 320 of the Immigration and Nationality Act (INA), No. 103, issued May 6, 2004.

[^ 4] See USCIS Policy Alert, Defining “Residence” in Statutory Provisions Related to Citizenship [PA-2019-05] (PDF, 308.45 KB). This Policy Alert has been superseded by Policy Manual updates to reflect changes made under Pub. L. 116-133                                   (PDF).

[^ 5] See Pub. L. 116-133                                   (PDF) (March 26, 2020).

Appendix: Legislation Assisting Military Members and their Families Obtain Immigration Benefits

The table below provides some of the major legislative amendments that have aimed at assisting qualified military personnel and their eligible family members to become U.S. citizens or to acquire other immigration benefits, or both.

### Footnotes

----

[^ 1] See *Application of Campbell*, 5 F.2d 247 (E.D. Wash. 1925). See *Op. Sol. of Labor*, Jan, 1926, CO file 79/9.

[^ 2] See Acts of July 19 and November 6, 1919, May 26, 1926, March 4, 1929, May 25, 1932, June 24, 1935, August 23, 1937, June 21, 1939, December 7, 1942.

[^ 3] See Executive Order 12582, signed on February 2, 1987 (52 FR 3395, February 4, 1987). In consideration of *Matter of Reyes*, 910 F. 2d 611 (9th Cir. 1990), Executive Order 12582 was revoked by Executive Order 12913                         (PDF), effective February 2, 1987, (59 FR 23115, May 4, 1994).

[^ 4] See Sec. 1703 of PL 108-136.

[^ 5] See Sec. 673 of PL 110-181.

## Updates

March 22, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide that only applicants for naturalization under Section 328 or Section 329 of the Immigration and Nationality Act (INA) who are currently serving in the U.S. armed forces are required to file a Request for Certification of Military or Naval Service (Form N-426) along with their Application for Naturalization (Form N-400).

Read More

12 USCIS-PM I.2 - Chapter 2 - One Year of Military Service during Peacetime (INA 328)

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329)

October 07, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update guidance regarding certain Military Accessions Vital to National Interest (MAVNI) naturalization applicants based on a settlement agreement in *Calixto, et al., v. U.S. Dep’t of the Army, et al*. (Calixto Agreement).

Read More

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329)

August 02, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address eligibility of military service members with uncharacterized military discharges for purposes of naturalization under section 328 or section 329 of the Immigration and Nationality Act (INA).

Read More

12 USCIS-PM I.2 - Chapter 2 - One Year of Military Service during Peacetime (INA 328)

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

November 12, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide clarifications regarding certain naturalization applications filed by current or former members of the U.S. armed forces under sections 328 and 329 of the Immigration and Nationality Act (INA).

Read More

12 USCIS-PM I.2 - Chapter 2 - One Year of Military Service during Peacetime (INA 328)

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329)

12 USCIS-PM I.9 - Chapter 9 - Spouses, Children, and Surviving Family Benefits

May 28, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide clarifications regarding certain naturalization applications filed by veterans of the U.S. armed forces under section 329 of the Immigration and Nationality Act (INA). These clarifications ensure eligible military veterans who served honorably during specifically designated periods of hostility and meet all other statutory requirements for naturalization are able to naturalize and become U.S. citizens in accordance with U.S. immigration laws.

Read More

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

12 USCIS-PM I.5 - Chapter 5 - Application and Filing for Service Members (INA 328 and 329)

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, 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”].

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

September 18, 2020

U.S. 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.

Read More

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM I - Part I - Military Members and their Families

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. 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. To find remaining AFM content, see the crosswalk (PDF, 316.97 KB) between the AFM and the Policy Manual.

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

December 18, 2019

U.S. Citizenship and Immigration Services (USCIS) is clarifying guidance in the USCIS Policy Manual to indicate that the spouse, child, or parent of a deceased U.S. citizen member of the U.S. armed forces who died “during a period of honorable service” (instead of as the result of honorable service) may be eligible for naturalization as the surviving relative of the service member, consistent with the statutory language in INA 319(d).

12 USCIS-PM I.9 - Chapter 9 - Spouses, Children, and Surviving Family Benefits

October 29, 2019

This technical update incorporates into Volume 12 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced August 28, 2019 addressing requirements for “residence” in statutory provisions related to citizenship. This guidance became effective October 29, 2019. 

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM I - Part I - Military Members and their Families

October 08, 2019

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”].

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

August 28, 2019

U.S. 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. This guidance becomes effective October 29, 2019.

Read More

12 USCIS-PM H - Part H - Children of U.S. Citizens

12 USCIS-PM I - Part I - Military Members and their Families

March 21, 2018

This technical update clarifies that foreign nationals may apply for military naturalization after the certification of honorable service has been properly processed by the U.S. armed forces.

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

December 13, 2016

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. In addition, this update adds information about the USCIS Military Help Line in this part.

12 USCIS-PM I.1 - Chapter 1 - Purpose and Background

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

October 19, 2016

This technical update clarifies that, in general, Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) enlistees may file an application for naturalization during basic training in the U.S. armed forces.

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

August 03, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to provide information about the existing Department of Defense (DOD) Military Accessions Vital to National Interest (MAVNI) Program.

Read More

12 USCIS-PM I.3 - Chapter 3 - Military Service during Hostilities (INA 329)

January 07, 2013

USCIS is issuing updated and comprehensive citizenship and naturalization policy guidance in the new USCIS Policy Manual.

Read More

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

## Version History

No historical versions available.

0
-                  Chapter 1 - Purpose and Background               
-                  Chapter 2 - One Year of Military Service during Peacetime (INA 328)               
-                  Chapter 3 - Military Service during Hostilities (INA 329)               
-                  Chapter 4 - Permanent Bars to Naturalization               
-                  Chapter 5 - Application and Filing for Service Members (INA 328 and 329)               
-                  Chapter 6 - Required Background Checks               
-                  Chapter 7 - Revocation of Naturalization               
-                  Chapter 8 - Posthumous Citizenship (INA 329A)               
-                  Chapter 9 - Spouses, Children, and Surviving Family Benefits               

Current as of April 11, 2024

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