USCIS Updates Military Naturalization Qualifications

U.S. Citizenship and Immigration Services  (USCIS) has updated military naturalization qualifications so that a “current or former service member who received an uncharacterized discharge may be eligible for naturalization under sections 328 and 329 of the Immigration and Naturalization Act (INA),” effective August 2, 2022. Previously, a military member applying for naturalization was required to have left military service “under honorable conditions.”

What Is Uncharacterized Discharge From the Military?

A military uncharacterized discharge is given to individuals who are discharged before they serve 180 days of military service, this type of discharge is neither honorable nor dishonorable. Typically, an individual’s type of military discharge affects their eligibility for veterans benefits. It also impacts their benefits under immigration law.

Naturalization Requirements for Military Members

Due to their military service, immigrant military service members have special immigration law naturalization benefits. Veterans or active duty military members can qualify to become a naturalized U.S. citizens if they:

• Are over 18 years of age
• Have good moral character
• Can speak, write, and read English
• Will declare an oath to uphold the U.S. Constitution
• Pass a history and civics test
• Clear all security and suitability screening requirements
• Have served honorably in the U.S. armed forces for a designated amount of time

Read More: 

• #DYK: 3 Facts About Immigrants in the Military
• Citizenship Through MAVNI – The Military Accessions Vital to the National Interest Program 
• Expedited Naturalization for Spouses of Military Members
• Green Cards for Military Families

Are You In the Military and Need to Talk To An Immigration Lawyer?

Current or former U.S. military service members who need help applying for citizenship and other benefits for their families should seek guidance from an experienced immigration and naturalization attorney. The immigration attorneys at Godoy Law Office in Chicago and Oak Brook, Illinois can help you with your immigration case. If you need help with an immigration issue, please contact our office or call us at 630-912-0322.