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The U.S. government offers multiple ways to become an American citizen, one of which is through military duty. Whether you’re an active service member in the U.S. military or have previously served as a veteran, you may qualify for Berwyn naturalization through military duty.

Here, we will help you determine whether you’re able to gain citizenship due to your time serving in this country’s armed forces and how an experienced naturalization attorney could help ease this process.

Can You Gain U.S. Citizenship through Military Duty in Berwyn?

Like other states in the U.S., Illinois allows immigrants to potentially initiate the naturalization process if they serve or have served in a branch of the U.S. armed forces. This capability came with certain provisions under the Immigration and Nationality Act (INA).

Specifically, U.S. Citizenship and Immigration Services (USCIS) allows immigrant veterans to apply for citizenship if they meet the eligibility requirements detailed in INA sections 328 or 329.

According to USCIS, veterans may also be exempt from certain requirements for other immigrants seeking naturalization. For instance, they may not need to be physically in or reside in the U.S. for any specific period of time if their military service deployed them abroad.

Eligibility for Veterans Serving for at Least One Year

If immigrants have served in the U.S. military for a minimum of one year, they may be able to gain citizenship if they meet the following key criteria:

  • They must be at least 18 years old
  • They need to have served for a period totaling or exceeding one year
  • If they become separated from service, they must show how this separation occurred honorably
  • They must meet physical and residence requirements
  • They need to demonstrate that they understand and can communicate in basic English
  • They have a history of at least five years of demonstrably good moral character before filing for naturalization

Additionally, applicants will need to show that they adhere to the U.S. Constitution and that they are “well disposed to the good order and happiness of the U.S. during all relevant periods under the law, unless waived,” according to USCIS.

Service in Periods of Hostility

Applicants may be able to bypass residence and physical presence requirements if they served honorably abroad during “periods of hostility” throughout their service.

USCIS lists the following periods of hostility:

  • Apr. 6, 1917 – Nov. 11, 1918
  • Sept. 1, 1939 – Dec. 31, 1946
  • June 25, 1950 – July 1, 1955
  • Feb. 28, 1961 – Oct. 15, 1978
  • Aug. 2, 1990 – April 11, 1991
  • Sept. 11, 2001 – present

How to Apply for Naturalization through Military Duty

If immigrants would like to apply for Berwyn naturalization through military service, they can do so by taking the following basic steps upon meeting the above eligibility requirements:

File Form N-426

The first step is to request certification from the applicant’s chain of command by completing and submitting Form N-426, Request for Certification of Military or Naval Service.

File Form N-400

Once the applicant has successfully filed Form N-426, they must complete and file Form N-400, Application for Naturalization.

Submit Supporting Documentation

Individuals will also need to submit various supporting documents, such as their:

  • Passport
  • Permanent resident card
  • Relevant deployment documents and military orders

Attend an Interview

The next step will entail attending an interview with an immigration official, who will ask the applicant various questions to further confirm eligibility for citizenship.

Await a Response

Wait for USCIS to issue a response, which can result in an approval, denial, or request for additional information.

Served in the U.S. Military? Get Help With Naturalization from a Berwyn Attorney

The process of obtaining naturalization through military duty can be daunting and confusing, but an immigration lawyer in Berwyn can put you at ease and provide guidance. The right lawyer can help determine eligibility and ensure you know what to expect before, during, and after this process.

Reach out to one of our experienced immigration attorneys to discuss your needs and find out how we can help.

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