Order Code RL31884
Expedited Citizenship
Through Military Service:
Current Law, Policy and Issues
Updated February 11, 2008
Margaret Mikyung Lee
Legislative Attorney
American Law Division
Ruth Ellen Wasem
Specialist in Immigration Policy
Domestic Social Policy Division

Expedited Citizenship Through Military Service:
Current Law, Policy and Issues
Summary
Since the beginning of Operation Iraqi Freedom in March 2003 there has been
considerable interest in legislation to expand the citizenship benefits of aliens serving
in the military. The reported deaths in action of noncitizen soldiers drew attention
to provisions of the immigration laws that grant posthumous citizenship to those who
die as a result of active-duty service during a period of hostilities and to the
advantages of further expediting naturalization for noncitizens serving in the United
States military. In the wake of September 11, 2001, and the war against terrorism,
President George W. Bush officially designated the period beginning on September
11, 2001, as a “period of hostilities,” which triggered immediate naturalization
eligibility for active-duty U.S. military service members. At the time of the
designation (July 3, 2002), the Department of Defense and the former Immigration
and Naturalization Service announced that they would work together to ensure that
military naturalization applications were processed expeditiously.
Title XVII of P.L. 108-136, the National Defense Authorization Act for Fiscal
Year 2004 (November 24, 2003), entitled “Naturalization and Other Immigration
Benefits for Military Personnel and Families,” amended existing military
naturalization statutes by reducing the period of service required for naturalization
based on peacetime service from three years to one year; waiving fees for
naturalization based on military service during peacetime or wartime; permitting
naturalization processing overseas in U.S. embassies, consulates, and military bases;
providing for priority consideration for military leave and transport to finalize
naturalization; and by extending naturalization based on wartime service to members
of the Selected Reserve of the Ready Reserve. Additionally, the Secretary of Defense
or the Secretary’s designee within the U.S. Citizenship and Immigration Services was
authorized to request posthumous citizenship immediately upon obtaining permission
from the next-of-kin. The law also expanded immigration benefits available to the
immediate relatives (spouses, children, and parents) of citizens, including
posthumous citizens, who die from injuries or illnesses resulting from or aggravated
by serving in combat. The effective date of the provisions was retroactive to
September 11, 2001, except for the fee waivers and provision for naturalization
proceedings abroad, which took effect on October 1, 2004.
Efforts since P.L. 108-136 have focused on further streamlining procedures or
extending immigration benefits to immediate relatives of U.S. service members.
Most recently, in the 110th Congress, §§673 and 674 of P.L. 110-181, the National
Defense Authorization Act for Fiscal Year 2008 (January 28, 2008), respectively
ensured reentry into the United States by lawful permanent residents (LPRs) who are
spouses and children accompanying a military service member abroad (whose
presence abroad might otherwise be deemed as abandonment of LPR status) and also
provided for overseas naturalization for such LPRs. Other notable bills include H.R.
1645, H.R. 1745, H.R. 2884/S. 2516, S. 1348, and S. 1639.
This report will be updated as legislative activity occurs or other events warrant.

Contents
Latest Legislative Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Brief Overview of Naturalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Executive Order 13269 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Historical Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Noncitizens in the Military . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Current Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Naturalization Through Service During Peacetime . . . . . . . . . . . . . . . . . . . 10
Naturalization Through Active-Duty Service During Hostilities . . . . . . . . 10
Posthumous Naturalization Through Active Duty Service . . . . . . . . . . . . . 12
Immigration Benefits for the Family of Military Personnel . . . . . . . . . . . . . 13
Other Relevant Laws and Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Naturalization Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Restrictions on Alienage in the Armed Forces . . . . . . . . . . . . . . . . . . 15
Expedited Naturalization for Extraordinary Contributions to
National Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Special Immigrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Legislative Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
P.L. 108-136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Subsequent Legislation in the 108th Congress . . . . . . . . . . . . . . . . . . . 19
Legislation in the 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Legislation in the 110th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Current Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Waiver or DOD adjudication of Naturalization Requirements . . . . . . 23
Providing Immigration Benefits for Immediate Relatives . . . . . . . . . . 24
Appendix A. Active Duty and Selected Reserve Noncitizen Accession
Locations, by State, as of January 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Appendix B. Active Duty Citizenship Status, by Country of Birth:
Top 50 Countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Appendix C. Reserve Citizenship Status, by Country of Birth:
Top 50 Countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
List of Figures
Figure 1. Naturalization Petitions Approved FY1990-FY2006 . . . . . . . . . . . . . . 3
Figure 2. Noncitizens in the U.S. Military by Service Area: 2003 and 2007 . . . . 7
Figure 3. Top Ten Countries of Countries of Citizenship for Noncitizens in
the U.S. Armed Forces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Figure 4. Top Ten States of Noncitizens in the U.S. Armed Forces, 2006 . . . . . . 9

Expedited Citizenship Through Military
Service: Current Law, Policy and Issues
Latest Legislative Developments
Sections 673 and 674 of P.L. 110-181, the National Defense Authorization Act
for Fiscal Year 2008 (January 28, 2008), respectively ensured reentry into the United
States by lawful permanent residents (LPRs) who are spouses or children
accompanying a military service member abroad — whose presence abroad might
otherwise be deemed as abandonment of LPR status — and also provided for
overseas naturalization for such LPRs.
Background
Since the beginning of Operation Iraqi Freedom in March 2003 there has been
considerable interest in legislation to expand the citizenship benefits of aliens serving
in the military. The reported deaths in action of noncitizen soldiers drew attention
to provisions of the Immigration and Nationality Act (INA) that grant posthumous
citizenship to those who die as a result of active-duty service during a period of
hostilities and to the advantages of further expediting naturalization for noncitizens
serving in the United States military, beyond the former special naturalization rules
for aliens with service in the U.S. military. Title XVII of P.L. 108-136, the National
Defense Authorization Act for Fiscal Year 2004 (November 24, 2003), entitled
“Naturalization and Other Immigration Benefits for Military Personnel and
Families,” amended military naturalization and posthumous citizenship statutes and
provided immigration benefits for immediate relatives (spouses, children, and parents
of citizens)1 of U.S. citizen service members who die as a result of actual combat.
This report gives an overview of the history of naturalization based on military
service, discusses current law and policy, analyzes data on noncitizens in the military
today and prior to the enactment of P.L. 108-136, and discusses current legislative
proposals and related issues.
Brief Overview of Naturalization
Title 3, Chapter 2 of the INA provides that all LPRs may potentially become
citizens through a process known as naturalization. To naturalize, aliens must have
1 “Immediate relatives” are defined at INA §201(b)(2)(A)(i), codified at 8 U.S.C.
§1151(b)(2)(A)(i), as including spouses; children; and parents of a citizen who is at least 21
years old. A “child” is defined at INA §101(b), codified at 8 U.S.C. §1101(b) as an
unmarried person under twenty-one years of age.

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continuously resided in the United States for five years as LPRs (3 years in the case
of spouses of U.S. citizens and members of the armed services); show that they have
good moral character; demonstrate the ability to read, write, speak, and understand
English; and pass an examination on the government and history of the United
States.2 Applicants pay fees totaling $675 when they file their materials and have the
option of taking a standardized civics (i.e., government and history of the United
States) test or of having the examiner quiz them on civics as part of their interview.
Naturalization duties are now handled by U.S. Citizenship and Immigration Services
(USCIS) in the Department of Homeland Security (DHS).3
The INA also provides for expedited naturalization for noncitizens serving in
the U.S. military.4 During peacetime, noncitizens serving honorably in the military
may petition to naturalize after a period(s) of military service aggregating one year
rather than the requisite five years of lawful permanent residence. During periods of
military hostilities designated by executive order, noncitizens serving honorably in
the armed forces can naturalize immediately. Certain requirements for naturalization
are waived for those who are serving in the U.S. military, notably the requirement to
reside continuously in the United States. The INA also provides that noncitizens who
die during active duty may become citizens posthumously, and also provides that
surviving immediate family members may derive nationality benefits from the
granting of posthumous citizenship.5
2 The language requirement is waived for those who are at least 50 years old and have lived
in the United States at least 20 years, or who are at least 55 years old and have lived in the
United States at least 15 years. Special consideration on the civics requirement is to be
given to aliens who are over 65 years old and have lived in the United States for at least 20
years. Both the language and civics requirements are waived for those who are unable to
comply due to physical or developmental disabilities or mental impairment.
3 §451(b) of the Homeland Security Act of 2002 (P.L. 107-296).
4 §329 of INA, 8 U.S.C. §1440.
5 §329A of INA, 8 U.S.C. §1440-1.

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Figure 1. Naturalization Petitions Approved FY1990-FY2006
1,200,000
20,000
18,000
1,000,000
16,000
14,000
800,000
s
12,000
n
titions
o
e
600,000
ti
10,000
P
ti
e

ry
8,000
a
ll P
400,000
ilit
A
6,000
M
4,000
200,000
2,000
-
-
19901991 19921993 19941995 19961997 199819992000 20012002 20032004 20052006
Total Petitions
Military
Source: CRS presentation of USCIS data.
The total number of approved naturalization (N-400) petitions rose in the mid-
1990s, dropped in FY1997, and rose again in FY1999 (Figure 1).6 Since FY2003,
total naturalization approvals have been rising. Interestingly, USCIS reported that
more petitions were approved (604,280) than were filed (602,972) in FY2005, due
in part to backlog reduction efforts.7
The trend line of approved naturalization petitions among the military differs
from the overall trends, as Figure 1 illustrates. Military naturalizations, as one might
predict, coincide with the Persian Gulf Conflict in the early 1990s and the current war
on terror, which are discussed more fully below in this report.
Executive Order 13269
On July 3, 2002, President George W. Bush officially designated the period
beginning on September 11, 2001, as a “period of hostilities,” which triggered
immediate naturalization eligibility for active-duty U.S. military service members.8
The justification offered for this order is the war against terrorism conducted through
Operation Enduring Freedom and Operation Noble Eagle in response to the
6 DHS statistics are from Table 20, Office of Immigration Statistics, the 2006 Yearbook of
Immigration Statistics. Mari-Jana Oboroceanu, Information Research Specialist, Knowledge
Services Group in the Congressional Research Service, obtained the DOD statistics;
LaTanya Andrews and Jamie L. Hutchinson produced the graphics in this report.
7 The total number of naturalization petitions approved tracks the overall trend in citizenship
applications. For a variety of reasons, the number of immigrants petitioning to naturalize
surged in the mid-1990s, jumping from just over half a million applicants in FY1994 to
more than 1 million in FY1995. There were an unprecedented 1.6 million petitions in
FY1997, but the number had declined to 460,916 petitions in FY2000. The number of N-400
petitions filed has been edging upward in the mid-2000s.
8 Executive Order 13269, Federal Register, v. 67, no. 130, July 8, 2002.

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September 11, 2001, terrorist attack. At the time of the designation, the Department
of Defense (DOD) and the former Immigration and Naturalization Service (INS)
announced that they would work together to ensure that military naturalization
applications would be processed expeditiously.
Historical Background
Special naturalization provisions for aliens serving in the U.S. military date back
at least to the Civil War9 and special enactments were made during major conflicts
since that time, up to and including the Vietnam War. The specific conditions for
naturalization under the various statutes that were enacted before the INA vary.10 For
example, the original Civil War statute affected only persons serving in the armies
of the United States and did not include the Navy or Marine Corps, which were
included in 1894.11
Among other standards under various statutes, the Civil War statute required
residency of one year. Later statutes governing naturalization through service in the
Navy or Marine Corps required service of 5 consecutive years in the Navy (the length
of one tour of duty in the Navy at that time) or service for one tour of duty in the
Marine Corps. Subsequent statutes have similar requirements with variations in the
length of service required and the degree to which residency is waived.
The early statutes required the alien to be 21 years old and waived the now-
obsolete requirement to declare one’s intent to become a citizen a certain period of
time prior to filing a naturalization application. The requirement of an honorable
discharge dates from the Civil War statute. Statutes during World War I and the
Korean War permitted naturalization proceedings to take place abroad.12 The World
War I statute13 for the first time waived the fee during wartime; permitted
reenlistment only upon the condition that the alien was in the process of becoming
a citizen (i.e., had filed a declaration of intent to naturalize); and required that a
naturalization application based on peacetime service have been filed while in regular
service after reenlistment or within six months of honorable discharge or separation
from such service (which is currently the deadline for filing) or while in reserve
service after regular service. Thus, at least one term of enlistment had to have been
completed before an alien could file for naturalization during peacetime. For
Filipinos, that statute required three years of service for naturalization based on
peacetime service (which is the currently required period).
9 Act of July 17, 1862, ch. 200, §21, 12 Stat. 594, 597.
10 For a discussion of the legislative history of the various military naturalization statutes,
see Darlene C. Goring, In Service to America: Naturalization of Undocumented Alien
Veterans
, 31 Seton Hall L. Rev. 400, 408-430 (2000).
11 Act of July 26, 1894, ch. 165, 28 Stat. 124.
12 Act of May 9, 1918, 40 Stat. 542, and R.S. 1750, cross-referenced in that Act; Act of June
30, 1953 (P.L. 86), ch. 162, §2, 67 Stat. 108, 109; USCIS Interpretations 329.1(e)(2).
13 Act of May 9, 1918, ch. 69, 40 Stat. 542.

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Until the Vietnam War, special provisions for wartime service were generally
enacted during a particular war and only covered service during that war, not for
either past or prospective periods of conflict. Although §329 of the INA as enacted
in 1952 included World Wars I and II, it made no provision for future periods. As
a consequence, Congress enacted laws to include the Korean War and the Vietnam
War. In 1968, Congress amended §329 of the INA to provide that the President is
to designate by executive order such periods when the armed forces of the United
States are engaged in armed conflict with a hostile foreign force.
Not every deployment of U.S. forces to an area where armed conflict occurred
has been designated as a period of hostilities. Since the executive order designating
the termination of the Vietnam War for naturalization purposes, only two additional
periods of hostilities have been designated for such purposes. President Clinton
designated the Persian Gulf Conflict as a period of hostilities, and in 2002 President
Bush designated the War on Terrorism beginning on September 11, 2001, as a period
of hostilities.14 Although President Reagan designated the Grenada campaign as a
period of hostilities, a federal court invalidated it entirely because, in contravention
of statutory guidelines for such designations, the executive order attempted to limit
the expedited naturalization benefit to persons who served in certain geographic areas
and the record showed that the President would not have designated the campaign as
a period of hostilities without the geographic limitations.15 As a result of the
decision, President Clinton revoked the earlier Grenada designation.16
Military actions in Somalia, Bosnia, Kosovo, Haiti, and Panama have not been
designated as a period of hostilities, although U.S. forces faced hostile conditions.
Special issues arose with regard to Filipinos who fought the Japanese in the
Philippines (then a U.S. territory) during World War II. Many of these veterans
served in irregular units or in the Philippine Army, had never had LPR status
although they were U.S. nationals until Philippine independence in 1946,17 and/or
failed, because of bureaucratic policies of the time, to comply with certain filing
14 Executive Order 12939, Federal Register, v. 59, no. 228, November 22, 1994; and
Executive Order 13269, Federal Register, v. 67, no. 130, July 8, 2002.
15 Executive Order 12582, Federal Register, v. 52, no. 23, February 2, 1987; Matter of
Reyes
, 910 F. 2d 611 (9th Cir. 1990).
16 Executive Order 12913, 59 Federal Register, no. 89, p. 23115 (May 4, 1994).
17 At the time the United States acquired the Philippines, Philippine natives were given the
option of affirming allegiance to the Spanish empire and remaining Spanish nationals, or
becoming U.S. nationals by default. However, Filipinos were never collectively granted
U.S. citizenship. Pursuant to a U.S. statute accepted by the Philippine legislature in 1934,
a 10-year transition period was to culminate in Philippine independence and the termination
of U.S. nationality for Philippine citizens who had not acquired U.S. citizenship. During
that period, Filipinos were considered U.S. nationals owing allegiance to the United States,
yet the Philippines were considered a foreign country for immigration purposes with an
immigration quota of 50. Japanese occupation during World War II disrupted this period
and the Philippines were ultimately granted independence in 1946, whereupon the U.S.
nationality of Philippine citizens who had not otherwise previously acquired U.S. citizenship
was terminated.

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deadlines. After extended litigation and debate, Congress amended §329 in 1990 to
address Filipino veterans of World War II.18 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. However, such
special considerations only applied to applications filed by February 2, 1995.
Special consideration was also extended to members of Hmong guerilla units
that aided the U.S. military during the Vietnam War era. The Hmong Veterans’
Naturalization Act of 200019 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. These special provisions also cover
widows and spouses of such guerrilla veterans who were also admitted as Laotian
refugees. The spouses of living veterans have to have been married to the veteran at
the time such veteran sought admission into the United States as a refugee. The
number of beneficiaries under this statute was limited to 45,000. The special
provisions 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.
During the 1950s there was a special statute authorizing naturalization for those
aliens who had enlisted outside the United States and had not been admitted to the
United States as LPRs. Popularly known as the Lodge Act,20 it was originally
enacted in 1950 and was periodically extended during the 1950s, finally expiring on
July 1, 1959. Notwithstanding that service was not during a specified period of
hostilities, the Act authorized naturalization under §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. Such an alien
was deemed lawfully admitted for permanent residence for the purposes of
naturalization under §329.
Prior to the current statute concerning posthumous citizenship for persons who
die as a result of active-duty service during periods of hostilities, there was no public
law for posthumous conferral. Posthumous grants of citizenship were accomplished
through private laws for specific individuals. These private laws usually specified
that no immigration benefit accrued to the surviving immediate relatives as a result
of the posthumous grant. Authority to grant posthumous citizenship was added by
the Posthumous Citizenship for Active Duty Service Act of 1989.21
18 P.L. 101-649, §405, 104 Stat. 5039 (1990), described as amended as a note to INA §329
(8 U.S.C. §1440).
19 P.L. 106-207, 114 Stat. 316 (2000), codified as amended as a note to INA §312 (8 U.S.C.
§1423).
20 Act of June 30, 1950, 64 Stat. 316.
21 §2(a) of P.L. 101-249, 104 Stat. 94 (1990).


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Noncitizens in the Military
Prior to Operation Iraqi Freedom, in February 2003, there were a total of 57,754
foreign nationals serving in the U.S. armed forces. Of these, over 37,000 noncitizens
served among the 1.4 million persons in active duty status in the Army, Navy, Air
Force and Marines, or 2.6% of those in active duty. Almost 12,000 other foreign
nationals were serving in the Selected Reserves, and another 8,000 were serving in
the Inactive National Guard and Individual Ready Reserves. As Figure 2 illustrates,
the Navy had the largest number of foreign nationals (15,845 or 27.8% of all
noncitizens in military), followed by the selected reserves (11,861 or 20.8%) and the
Army (11,523 or 20.2%).
By 2007, there was a shift of foreign nationals in the service areas, as well as
decrease in the total number serving. In terms of the Army, Navy, Air Force and
Marines, the number of foreign nationals had fallen to 21,752 serving in active duty
as of March 2007.22 However, the other service areas had increased to 23,285 foreign
nationals serving in the Reserves, the Inactive National Guard, and Individual Ready
Reserves. As Figure 2 illustrates, the Navy has the largest number of foreign
nationals (36% of all noncitizens in the military), followed by the National Guard
(21%), with the Reserves and the Marines each comprising 15%.
Figure 2. Noncitizens in the U.S. Military
by Service Area: 2003 and 2007
Source: CRS analysis of DOD data.
This shift is likely due to several factors, most notably the number of foreign
nationals who became citizens since 2003 and a deplenished number of foreign
nationals eligible to serve.
22 These DOD data are approximate since current citizenship status is not reported for every
service member. The data are from the DRS #17612 Active Duty Master Files and Reserve
Duty Master Files.

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Foreign nationals from the Philippines appear to comprise the largest single
country of citizenship for aliens in the armed forces, although the DOD does not have
native country data for about 25,000 foreign nationals in the military and does not
have citizenship data for almost 22,000 foreign nationals in the military.23 Mexico
is the second largest source country, followed by Jamaica, Dominican Republic, and
Haiti. The top ten source countries are rounded out by Colombia, El Salvador,
Trinidad and Tobago, Peru and Guyana, as Figure 3 depicts. These may be
compared with the countries of citizenship for foreign nationals in the armed forces
in 2003. Then, as now, foreign nationals from the Philippines comprised the largest
single country of citizenship for aliens in the armed forces, although the DOD did not
have citizenship data for about 11,000 foreign nationals in the military. Mexico was
the second largest source country, followed by Jamaica, El Salvador, and Haiti. The
top ten source countries were rounded out by Trinidad and Tobago, Colombia, South
Korea and Peru.
Figure 3. Top Ten Countries of Countries of Citizenship
for Noncitizens in the U.S. Armed Forces
Philippines
Mexico
2003
Jamaica
2007
Dominican Republic
El Salvador
Haiti
Trinidad/Tobago
Colombia
S. Korea
Peru
Guyana
0
1,000
2,000
3,000
4,000
5,000
6,000
Source: CRS analysis of DOD data as of November 2007.
As one might expect given the distribution of foreign born in the United States,
California leads as the accession location state — 13.90% of all aliens in the military.
New York (7.99%), Florida (5.82%), and Texas (4.37%) follow. As Figure 4
presents, the remainder of the top 10 states are New Jersey, Illinois, Maryland,
Virginia, Massachusetts and Washington. The state that is the accession location is
not necessarily the state in which the alien has resided for the longest period of time
23 It is unclear what accounts for this substantial under-reporting of citizenship status; it may
be due in part to foreign nationals in the military who have petitions pending with USCIS
as well as foreign nationals who are part of households with mixed immigrant and
citizenship statuses.

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or where his or her family lives. The accession location state is the place where the
alien’s unit is located. Appendix A lists the number of aliens whose unit is located
in each state.
Figure 4. Top Ten States of Noncitizens
in the U.S. Armed Forces, 2006
California
5,806
New York
3,338
Florida
2,430
Texas
1,825
New Jersey
1,250
Illinois
579
Maryland
519
Virginia
499
Massachusetts
472
Washington
379
0
1,000 2,000 3,000 4,000 5,000 6,000 7,000
Source: CRS analysis of DOD data as of January 2006.
With regard to posthumous citizenship granted for death resulting from active-
duty service during a period of hostilities, as of December 8, 2007, 81 service
members were granted posthumous citizenship out of 142 foreign nationals who have
died in active duty service in Operations Iraqi Freedom and Enduring Freedom.24
Current Law
There are currently two sections of the INA that provide for expedited
naturalization based on military service, during peace time and during war time (“a
period of hostilities”) and one section that provides for posthumous naturalization
based on military service. Another provision permits the immediate relatives of a
U.S. citizen who died as a result of active-duty service during a period of hostilities
to be naturalized without being subject to any specific required residency or physical
presence in the United States. These provisions are discussed below.
24 Based on statistics from the DOD.

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Naturalization Through Service During Peacetime
Section 328 of the INA (8 U.S.C. §1439) provides for expedited naturalization
through military service during peacetime. The current administrative view is that
service does not have to be in active-duty status and may include service in an
inactive reserve unit, including a federally recognized National Guard organization.25
Fees for naturalization are waived based on this provision. The following conditions
apply to naturalization under this provision:
! The applicant must have served at least one year (three years before
P.L. 108-136) in aggregate and file the naturalization application
while still in the service or within six months of leaving the service.
! There must be current honorable service or a subsequent honorable
discharge. Naturalization may be revoked if the service member is
discharged under other than honorable conditions before serving
honorably for a five-year period in aggregate (unlike §329, before
P.L. 108-136, this section did not provide for discretionary
revocation in the event of discharge under other than honorable
conditions).
! The usual specified periods of residence or physical presence in the
United States, a state, or immigration district are not required in
order to file an application. No current residence within a particular
state or immigration district is required.
! Other naturalization requirements must be satisfied, including good
moral character, allegiance to the United States and its Constitution,
knowledge of civics and English, etc.
! Lawful admission to permanent residence, as required under the INA
for naturalization, may occur before, during, or after the qualifying
military service; however, current enlistment requirements permit
only a citizen or LPR to enlist.
! The provision of 8 U.S.C. §1429 prohibiting naturalization of a
person subject to a final order of removal is waived.
! Where qualifying military service periods were not continuous, the
requirements for naturalization, including residency, must be proved
for any non-service intervals within five years before the date the
naturalization application was filed.
Naturalization Through Active-Duty Service During Hostilities
Section 329 of the INA (8 U.S.C. §1440) provides for expedited naturalization
through U.S. military service during designated periods of hostilities. The periods
of hostilities designated in the statute or by executive order pursuant to the statute
25 USCIS Interpretations §328.1(b)(4)(iii).

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include World War I, World War II, the Korean War, the Vietnam War, the Persian
Gulf Conflict, and the current War on Terrorism; as noted above, the Grenada
campaign was briefly designated and the designation revoked pursuant to a court
holding of unconstitutionality. Fees for naturalization are waived. The conditions
for eligibility include the following:
! The applicant must have served in active-duty status in the U.S.
Armed Forces or in the Selected Reserve of the Ready Reserves
during a designated period of hostilities. No specified period of
service is required prior to application.
! There must be honorable service and discharge. Naturalization may
be revoked if the service member is discharged under other than
honorable conditions before the person has served honorably for an
aggregate period of five years, but such revocation arguably raises
constitutional issues (before P.L. 108-136, naturalization under this
section could be revoked if the service member was discharged
under other than honorable conditions at any time after
naturalization).
! No specified period of residence in the United States prior to
application is required. No current residence or physical presence
within the United States, a particular state, or immigration district is
required.
! Other naturalization requirements must be satisfied, including good
moral character, allegiance to the United States and its Constitution,
knowledge of civics and English, etc.
! The service member must have either (1) been in the United States
or a U.S. territory or on board a U.S. public vessel at the time of
enlistment, whether or not the enlistee was a LPR, or (2) been
admitted as a LPR after enlistment.
! The provision of 8 U.S.C. §1429 prohibiting naturalization of a
person subject to a final order of removal is waived.
! An applicant may be naturalized regardless of age (i.e., a minor
serving in the military may naturalize of his/her own accord under
this provision).
Section 3 of P.L. 90-633, 82 Stat. 1344 (1968), found at 8 U.S.C. §1440e,
waives the fees for a naturalization application made under §329 of the INA based
on active-duty service during the Vietnam War or subsequently designated periods
of hostilities, but only if such application is made during the period of hostilities.
Thus, service members filing now do not have to pay the fees. This appears to date
back to a World War I statute that waived fees during wartime for applications based
on military service during that war. P.L. 108-136 amended INA §329 to prohibit fees
for naturalization under that section; however, 8 U.S.C. §1440e was not repealed.

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The definition of “active-duty” under this provision is determined by the service
branch of the armed forces in which the noncitizen served, pursuant to the statutory
definition in Title 10 of the U.S. Code, concerning the armed forces.26 According to
this definition, “active-duty” does not include inactive service in a reserve unit or
inactive or non-federalized active service in a National Guard unit.27 Active-duty
service need not be in a combatant capacity.28 The service branch also determines
whether the service was honorable and whether the applicant was honorably
discharged. The service branch provides a duly authenticated certification of the
relevant particulars of the applicant’s military service.
Posthumous Naturalization Through Active Duty Service
Section 329A of the INA (8 U.S.C. §1440-1) provides for posthumous
naturalization where death resulted from serving while on active-duty during World
War I, World War II, the Korean War, the Vietnam War, or other designated periods
of hostilities. Before this addition to the INA, posthumous citizenship could only be
granted via the enactment of private legislation. As originally enacted, the next-of-
kin or other representative had to file a request for posthumous citizenship within two
years of the date of enactment (March 6, 1990) for past hostilities or of the death of
the noncitizen member of the armed forces for periods of hostilities after the date of
enactment. Many persons who would have requested posthumous citizenship for an
eligible individual did not learn about this provision until after the deadline regarding
persons who died during past hostilities, and legislation was enacted in the 107th
Congress to extend the deadline.29 P.L. 108-136 further expedited the procedures.
The conditions for a posthumous grant include the following:
! The deceased must have served honorably in an active-duty status in
the U.S. military during World War I, World War II, the Korean
War, the Vietnam War, or other designated periods of hostilities
under §329 of the INA.
! Death was a result of injury or disease incurred in or aggravated by
service during a period of hostilities.
! The deceased must have either (1) been in the United States or a
U.S. territory or on board a U.S. public vessel at the time of
enlistment, whether or not the enlistee was a LPR, or (2) been
admitted as a LPR after enlistment.
A request for posthumous citizenship may be filed by the Secretary of Defense
or the Secretary’s designee (after locating the next-of-kin and at their request) or by
26 10 U.S.C. §101(d).
27 For more information on the reserve components, see CRS Report RL30802, Reserve
Component Personnel Issues
, by Lawrence Kapp.
28 USCIS Interpretations §329.1(c)(4)(iv).
29 P.L. 107-273, §11030, 116 Stat. 1836 (2002).

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the next-of-kin or other representative.30 The USCIS/DHS shall approve such a
request if:
! The request was filed by November 24, 2005, or is filed within two
years of the death of the service member, whichever is later.
! The service branch under which the person served certifies that the
person served honorably in an active-duty status during a designated
period of hostilities and died because of such service.
! The USCIS finds that the person either enlisted in the United States
or its territories or on board a U.S. public vessel or was admitted as
a LPR after enlistment.
Documentation of a posthumous grant of citizenship is sent to the next-of-kin
or representative who requested the grant. Essentially, posthumous citizenship is a
symbolic honor accorded noncitizens who gave their lives in defense of the United
States and has no automatic substantive effect per se on the immigration status of
surviving family. However, provisions in P.L. 108-136 extended benefits to the
surviving family members of service members who died as a result of active duty
service during a period of hostilities. There is an $80 fee for a posthumous
citizenship application.
Immigration Benefits for the Family of Military Personnel
Prior to P.L. 108-136, INA §319(d) (8 U.S.C. §1430(d)) provided for the
naturalization of the surviving spouse of a U.S. citizen who died while serving
honorably in an active-duty status in the armed forces of the United States. The
spouse and U.S. citizen service member must have been living in marital union at the
time of the citizen’s death. All the other usual requirements for naturalization
applied except that no prior residency or physical presence in the United States, a
state, or immigration district was required to file a naturalization application.
Section 1703 of P.L. 108-136, Div. A, expanded the scope of the naturalization
benefit to the children and parents of a U.S. citizen who dies during a period of
honorable service in an active duty status in the U.S. Armed Forces and expressly
included service members who died on or after September 11, 2001, and were
granted posthumous citizenship. This provision also extended other benefits to
surviving immediate relatives, codified at notes under 8 U.S.C. §1151. The surviving
30 The “next-of-kin” and “other representative” are both defined in current regulations. The
next-of-kin means the closest surviving blood or legal relative of the decedent in the
following order of succession: 1) the surviving spouse; 2) the surviving child or children
if there is no surviving spouse; 3) the surviving parent(s) if there is no surviving spouse or
child; 4) the surviving siblings if there is no surviving spouse, child, or parent. Other
representative includes the following: 1) the executor or administrator of the decedent’s
estate, including a special administrator appointed for the purpose of requesting posthumous
naturalization; 2) the guardian, conservator or committee of the next-of-kin; 3) a service
organization listed in 38 U.S.C. §3402, chartered by Congress or a State, or recognized by
the Department of Veterans Affairs. 8 C.F.R. §392.1.

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spouse, children and parents of a U.S. citizen who served honorably in an active duty
status in the U.S. Armed Forces and died as a result of injury or disease incurred in
or aggravated by combat may self-petition as immediate relatives within two years
of the citizen’s death and adjust status to lawful permanent residency. The parent of
such a citizen may be considered an immediate relative regardless of whether the
citizen had attained 21 years of age. Certain immigration benefits are also available
to the spouses, children, and parents of aliens who served honorably in an active duty
status in the U.S. Armed Forces, died as a result of injury or disease incurred in or
aggravated by combat, and were granted posthumous citizenship. They may continue
to be considered immediate relatives if a family petition was filed by the alien before
his/her death; self-petition for classification as a family-based immigrant within two
years of either the date of the service member’s death or the date on which
posthumous citizenship is granted (exactly which is unclear) if such petition was not
filed before the alien’s death; and adjust status to lawful permanent residency.
Certain grounds of inadmissibility are waived for these purposes.
Other Relevant Laws and Issues
Naturalization Restrictions. Those who have requested exemption from
selective service registration or a draft, or discharge on grounds of alienage or
noncitizenship,31 are generally barred from naturalization.32 Those who have deserted
from the armed forces or evaded the draft are also explicitly barred from
naturalization;33 they may possibly be otherwise barred for failing to satisfy the
requirement of good moral character or for being dishonorably discharged or
disciplined, which would tend to show lack of good moral character.34 The bar is
permanent and even if a draft evader subsequently enlists and serves honorably, he
is barred absent an act of Congress or a grant of amnesty by the President removing
31 Between 1918 and 1971, selective service laws permitted any alien to request exemption
from military service obligation in exchange for permanent ineligibility to naturalize, which
persisted even if the alien subsequently changed his mind and served honorably in the U.S.
armed forces during a period of hostilities. In 1971, the laws were amended to permit only
nonimmigrant aliens to be exempt. Additionally, treaties between the United States and
certain countries exempt each country’s nationals from military service in the other country.
See 8 C.F.R. Part 315; Charles Gordon, et al., Immigration Law and Procedure,
§95.04[2][e] (2007); Captain Samuel Bettwy, Assisting Soldiers in Immigration Matters,
1992 Army Law. 3, 10 (1992).
32 INA §315 (8 U.S.C. §1426). According to USCIS Interpretations 329.1(d), the
administration formerly interpreted this section as barring naturalization even where the
federal government initiated the discharge and the service was otherwise honorable.
However, the USCIS now follows the holding in In re Watson, 502 F. Supp. 145 (D.D.C.
1980), that the disqualification does not apply where the federal government, not the alien,
sought the discharge on alienage grounds for its convenience. In this case, a nonimmigrant
alien was mistakenly permitted to enlist in the National Guard and was eventually
discharged when the error was discovered, despite having served on active-duty during the
Vietnam War period.
33 INA §314 (8 U.S.C. §1425).
34 Bettwy, supra note 31, at 14.

CRS-15
the bar.35 Similarly, a conviction for desertion would have to be vacated or pardoned
in some manner to remove the naturalization bar.36
Restrictions on Alienage in the Armed Forces. Although under federal
statutes and regulations LPRs may enlist in the active and reserve forces of the
military,37 there are certain restrictions with regard to reenlistment and eligibility for
certain ranks and occupations. By statute, only U.S. citizens are eligible for certain
officer commissions.38 Additionally, positions requiring security clearance are
generally restricted to U.S. citizens. The major exception to the citizenship
restrictions concerns citizens of the Federated States of Micronesia or the Republic
of the Marshall Islands, who may serve in the U.S. armed forces pursuant to the
Compacts of Free Association between the United States and those countries, under
which the United States provides for the defense of those countries;39 since those
countries do not maintain their own armed forces, their citizens who serve in the U.S.
armed forces in effect are serving in the defense of their own countries.
Certain occupations requiring security clearance such as intelligence operations
and special forces, require U.S. citizenship,40 in some instances, not just of the
service member, but of immediate family members;41 dual citizenship is a negative
35 Charles Gordon et al., supra note 31, at §95.04[2][d]; Bettwy, supra note 31, at 10-11.
36 Bettwy, supra note 31, at 11.
37 10 U.S.C. §§504 and 12102; see also DOD Instruction No. 1304.26, E2.2.2.1 & E2.2.2.2
(September 20, 2005) (hereafter cited as DOD Instruction). The statutes concern enlistment
in the Army, Air Force, and Reserve components. Although no statute restricts enlistment
to citizens and LPRs in the Navy and Marine Corps, they usually apply the same citizenship
requirements as the Army and Air Force; see Department of the Navy,
COMNAVCRUITCOMINST 1130.8F, Navy Recruiting Manual-Enlisted, Chapter 2D
(March 11, 2002), and MCO P1100.72C, Military Procurement Manual, Vol. 2, Enlisted
Procurement
, §3221 (February 10, 2004).
38 10 U.S.C. §§532, 12201; see also, DOD Instruction at E2.2.2.3. U.S. citizenship is
required to be a commissioned or warrant officer, except for a reserve appointment, for
which a person must have LPR status. National Guard officers must be U.S. citizens under
32 U.S.C. §313. 10 U.S.C. §532(f) authorizes the Secretary of Defense to exempt LPRs and
U.S. noncitizen nationals from this requirement if national security requires, but only for an
original appointment in a grade below the grade of major or lieutenant commander.
39 Section 341 in each of the following: the Compact of Free Association between the
Federated States of Micronesia and the United States, P.L. 108-188, §201(a), 117 Stat. 2784
(48 U.S.C. 1921 note); the Compact of Free Association between the Republic of the
Marshall Islands and the United States, §201(b), 117 Stat. 2823 (48 U.S.C. 1921 note); the
Compact of Free Association between Palau and the United States, P.L. 99-658, §201, 100
Stat. 3678 (48 U.S.C. 1931 note). Also see, Department of the Army, Regular Army and
Army Reserve Enlistment Program/Army Regulation 601-210, §2-4.a(4) (June 7, 2007)
(hereinafter 2007 Army Regulation 601-210).
40 See DOD Directive 5200.2, DOD Personnel Security Program, §§3.4 and 3.6 (April 9,
1999) and generally DOD 5200.2-R, Personnel Security Program Regulation (January 1,
1987), issued under DOD Directive 5200.2.
41 2007 Army Regulation 601-210, §5-56; Department of the Army, Personnel Security
(continued...)

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or prohibitive factor.42 Until recently, some service branches restricted the amount
of time that a noncitizen could serve.43
The Air Force restricts noncitizens to one term of enlistment: they cannot
reenlist unless they have become a citizen, but an extension of the original enlistment
is available to an airman who has filed an application for naturalization.44 The
extension may not exceed the earlier of (1) six months or (2) the date of the expected
naturalization ceremony plus 30 days. However, additional extensions may be
granted.
Apparently there are no explicit statutory or regulatory restrictions on
reenlistment in the Navy or the Marine Corps.
Although it is a component of the armed forces,45 the Coast Guard is not
generally under the jurisdiction of the DOD, but rather formerly under the
Department of Transportation and now under DHS, which promulgates the
regulations governing enlistment. As a component of the armed forces, the Coast
Guard is subject to the uniform enlistment statute re citizenship and LPR
restrictions.46 The Coast Guard regulations require U.S. citizenship or LPR status for
enlistment;47 an alien must have become a naturalized citizen to reenlist.48
Nonimmigrants may not enlist. LPRs with any prior military service may not enlist;
this restriction may not be waived. Noncitizens in the Coast Guard are not eligible
41 (...continued)
Program/Army Regulation 380-67, §3-501 (September 9, 1988).
42 32 C.F.R. §§154.7(f), 154.16(f), Part 154, Appendix H, Guideline C; see e.g., 2007 Army
Regulation 601-210, §2-4.e.
43 Formerly, the Army limited a service member to eight years of service in noncitizen
status. If a person reached the eight-year limit by the end of the current term of enlistment,
that person was barred from reenlisting. Department of the Army, formerly at Regular Army
and Army Reserve Enlistment Program/Army Regulation 601-210, §§2-4.a.(5), 3-4.b
(February 28, 1995); rescinded in the June 7, 2007, version. The enlistment term could be
extended for a maximum of 12 months to allow the service member sufficient time to
complete naturalization procedures, but not more than 90 days beyond the expected date of
the naturalization ceremony. Formerly at Department of the Army, Army Regulation 601-
280, Army Retention Program, §4-9.k (March 31, 1999); substance deleted from current
version (June 31, 2006).
44 Secretary of the Air Force, Air Force Instruction 36-2606, Reenlistment in the United
States Air Force
, paragraphs 3.12, 4.5.4 (November 21, 2001).
45 10 U.S.C. §101(a)(4).
46 10 U.S.C. §504.
47 U.S. Coast Guard of the DHS, Coast Guard Recruiting Manual (COMDTINST
M1100.2E) §2.B.1.d and Table 2-2 (June 22, 2006). (Hereinafter cited as CG Recruiting
Manual).
48 U.S. Coast Guard of the DHS, Coast Guard Personnel Manual (COMDTINST M1000.6A)
§1.G.5.5 (June 18, 2007). This does not apply to a service member who originally enlisted
from the Philippines.

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to be officers.49 Although the current Coast Guard security manual concerning
security clearance apparently does not expressly require U.S. citizenship, it refers to
federal mandated guidelines and to the manual’s explicit compliance with federal
guidelines and provides that in cases of apparent conflict between the manual and
statutes, law enforcement practices, and other regulations, the latter regulations shall
apply and the Commandant should be advised of the apparent conflict for
resolution.50
Despite the foregoing restrictions, nonimmigrant and even undocumented (i.e.,
“illegal”) aliens have apparently enlisted in the military at times.51
Expedited Naturalization for Extraordinary Contributions to
National Security. Although not enacted to benefit U.S. military service members,
expedited naturalization for extraordinary contributions to national security under 8
U.S.C. §1427(f) may have relevance in the context of aliens who provide valuable
military intelligence during the war on terror. Legislative history indicates that this
provision is primarily intended to benefit those aliens who have provided invaluable
intelligence in the course of a long-term relationship with the United States.52 This
provision permits a maximum of five aliens per year to be naturalized upon a
determination by the Director of National Intelligence/Director of the Central
Intelligence Agency, the Secretary of Homeland Security, and the Director of
USCIS53 that such aliens have made an extraordinary contribution to national security
or intelligence activities. The Director of National Intelligence/Director of the
Central Intelligence Agency must inform the congressional committees on
Intelligence and the Judiciary prior to the filing of an application under this
provision. The usual residence and physical presence requirements are waived, but
the alien must be otherwise eligible for naturalization and have continuously resided
in the United States for one year prior to naturalization. The alien must also not have
participated in persecution, serious crimes, or terrorism, or be a danger to the security
49 U.S. Coast Guard of the DHS, Coast Guard Recruiting Manual (COMDTINST
M1100.2E) §4.B.1.f (June 22, 2006).
50 U.S. Coast Guard of the DHS, Personnel Security and Suitability Program (COMDTINST
M5520.12C) preamble §4.c & d (December 17, 2007).
51 E.g., see In re Watson, 502 F. Supp. 145 (D.D.C. 1980), supra note 32, involving a
nonimmigrant mistakenly permitted to enlist in the National Guard, contrary to enlistment
rules.
52 See H.Rept. 99-373, at 22 (1985) — “The conferees expect that the authority provided by
Subsection 316(g) will be used to reward those aliens who for a significant time have
maintained a relationship with the United States. Only in rare instances should expedited
citizenship be afforded to defectors with no previous relationship with the United States, and
only after careful scrutiny should the promise of expedited citizenship be offered as an
inducement for future services .... The conferees emphasize that private immigration
legislation remains the preferred method for processing exceptions to [the INA] .... the
Executive Branch should, in each case, determine whether a private bill or use of the waiver
authority provided for in subsection 316(g) is most appropriate.”
53 This statute still refers to the Director of Central Intelligence, the Attorney General, and
the Commissioner of Immigration, although these positions have either been renamed or
have had functions transferred pursuant to statutory amendments.

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of the United States. The naturalization ceremony may take place in any federal
district court regardless of residency and the conduct of naturalization proceedings
must be consistent with the protection of intelligence activities.
Special Immigrant. Section 101(a)(27)(K) of the INA (8 U.S.C.
§1101(a)(27)(K)) defines “special immigrant” as including an immigrant who has
served honorably on active duty in the Armed Forces of the United States after
October 15, 1978, and after original lawful enlistment outside the United States
(under a treaty or agreement in effect on the date of the enactment of this
subparagraph) for a period or periods aggregating (1) 12 years and who, if separated
from such service, was never separated except under honorable conditions, or (2) six
years, in the case of an immigrant who is on active duty at the time of seeking special
immigrant status under this subparagraph and who has reenlisted to incur a total
active duty service obligation of at least 12 years. This provision also includes the
spouse or child of any such immigrant if accompanying or following to join the
immigrant, but only if the executive department under which the immigrant serves
or served recommends the granting of special immigrant status to the immigrant.
Such special immigrants may be paroled into the United States and adjust status;
given the length of service, even under peace-time military naturalization provisions,
service members who are special immigrants in this category would likely qualify for
naturalization. According to immigration authorities, this provision benefits
nationals of the Philippines, Micronesia, the Marshall Islands, and Palau, all of which
have the type of agreement to which the statute refers, and would apparently
primarily benefits Philippine nationals in the U.S. Navy.54
Legislative Issues
Legislative History
P.L. 108-136. P.L. 108-136, the FY2004 Defense Department Authorization
bill (H.R. 1588), was the culmination of congressional efforts begun in the 107th
Congress. During the 107th Congress, there was renewed legislative interest in
amending the various naturalization provisions based on military service as a result
of the launching of the War on Terror, the campaign in Afghanistan, and the prospect
of an armed confrontation in Iraq. This interest continued in the 108th Congress and
developed momentum in the wake of Operation Iraqi Freedom.
Of the many bills introduced during the 108th Congress that contained provisions
concerning expedited or posthumous citizenship as the result of military service, H.R.
1588, the National Defense Authorization Act for Fiscal Year 2004, became P.L.
108-136 on November 24, 2003. Title XVII of H.R. 1588, entitled “Naturalization
and Other Immigration Benefits for Military Personnel and Families,” amended
existing military naturalization statutes by:
54 Charles Gordon et al., supra note 31, at §35.10, State Dept. Authorizes Special Immigrant
Status for Members of Armed Forces
, 68 Interpreter Releases 1572 (1991).

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! reducing the period of service required for naturalization based on
peacetime service from three years to one year;
! waiving fees for naturalization based on military service during
peacetime or wartime;
! permitting discretionary revocation of naturalization granted on or
after the date of enactment through peacetime or wartime service if
the citizen were discharged from military service under other than
honorable conditions before serving honorably for an aggregate
period of five years;
! permitting naturalization processing overseas in U.S. embassies,
consulates, and military bases;
! providing for priority consideration for military leave and transport
to finalize naturalization;
! extending naturalization based on wartime service to members of the
Selected Reserve of the Ready Reserve.
Additionally, the Secretary of Defense or the Secretary’s designee within the USCIS
is authorized to request posthumous citizenship immediately upon obtaining
permission from the next-of-kin.
The law also expanded immigration benefits available to the immediate relatives
of citizens, including posthumous citizens, who die from injuries or illnesses
resulting from or aggravated by serving in combat. Such relatives may remain
classified as immediate relatives of a U.S. citizen for immigration purposes,
notwithstanding the death of the service member, and can self-petition for immigrant
status. To qualify for such treatment, immediate relatives must self-petition within
two years of the date of the service member’s death or, in the case of posthumous
citizens, within two years of either the date of the service member’s death or the date
on which posthumous citizenship is granted, exactly which is unclear. Certain
adjustment requirements and the public charge grounds for inadmissibility are
waived. Children and parents, as well as spouses, of U.S. citizens who died during
honorable active-duty service are eligible to naturalize without prior residence or a
specified period of physical presence in the United States. This includes survivors
of posthumous citizens who died on or after September 11, 2001.
References to the Attorney General in the relevant sections of the INA Act were
changed to references to the Secretary of Homeland Security. The effective date of
the provisions is retroactive to September 11, 2001, except for the fee waivers and
provision for naturalization proceedings abroad, which took effect on October 1,
2004.
Subsequent Legislation in the 108th Congress. After the enactment of
P.L. 108-136, other bills were introduced that would have further expedited
naturalization based on military service or linked military service to immigration
benefits. H.R. 4873, the Active Duty Naturalization Accommodation Act of 2004,

CRS-20
would have provided additional flexibility in the naturalization process to enable
applicants in active-duty status abroad to satisfy the procedural requirements. Any
requirement or deadline for naturalization would have been suspended for a service
member stationed abroad in active duty service, until the service member had had at
least 30 days after his or her return to the United States to comply with the
requirement or deadline. This relief could have been waived by the service member.
Similar relief would have been retroactive for those service members who were
stationed abroad in active duty service between September 11, 2001, and the effective
date of H.R. 4873, had it been enacted. H.R. 3928/H.R. 4532 would have permitted
U.S. nationals, that is, non-citizen nationals (American Samoans) to attend military
service academies and receive Reserve Officers’ Training Corps (ROTC)
scholarships on condition that they naturalize before graduation. S. 1545 and title
XVIII of S. 2863, the Development, Relief, and Education for Alien Minors Act of
2007 (the DREAM Act), would have provided that two years of military service may
satisfy one of the requirements for achieving full-fledged LPR status after being in
conditional LPR status.
Legislation in the 109th Congress. Section 542 of P.L. 109-16355 amended
10 U.S.C. 504 and repealed 10 U.S.C. §§3253, 8253 to establish uniform standards
for enlistment in the several armed forces service branches. Aside from LPRs, the
only foreign nationals permitted to enlist are nationals of the former Trust Territories,
Micronesia, the Marshall Islands, and Palau, which all have Compacts of Free
Association with the United States providing that the United States will provide
defense for those countries and that their nationals may enlist in the U.S. defense
forces. The Secretary of the relevant service branch may authorize the enlistment of
others if the Secretary determines that such enlistment is vital to the national interest.
Sections in Title VII of the Comprehensive Immigration Reform Act of 2006
(S. 2611/S. 2612) as passed by the Senate would have built on the expansion of
expedited naturalization and other citizenship-related benefits for aliens serving in
the U.S. military enacted by Title XVII of P.L. 108-136. Among other things, §§711
to 715, the Kendell Frederick Citizenship Assistance Act, would have waived the
fingerprint requirement for members of the Armed Forces who were fingerprinted by
DOD upon enlistment if they submit a naturalization application within 12 months
of enlistment. Similar legislative proposals included other versions of the Kendell
Frederick Citizenship Assistance Act (H.R. 4533, S. 2097, S. 2165) and the Soldiers
to Citizens Act (S. 3947). Section 751 of S. 2611/S. 2612 would have provided that
aliens shall not be denied the opportunity to serve in the U.S. Armed Forces, and that,
during a period of hostilities, aliens may be granted U.S. citizenship after at least two
years of honorable and satisfactory service on active duty and have other
requirements waived, if they file an application, demonstrate English and civics
knowledge and good moral character to their chain of command, and take the oath
of allegiance. Similar legislative proposals were included in the Soldiers to Citizens
Act (S. 3947) and the Riayan Tejada Memorial Act of 2005 (H.R. 661, based on
service in a combat zone). The Bruce Vento Hmong Veterans’ Naturalization Act
of 2005 (H.R. 3018) would have amended the Hmong Veterans Naturalization Act
of 2000 by eliminating the deadline for applying for naturalization.
55 Div. A, §542, 119 Stat. 3253 (2006).

CRS-21
H.R. 3911 would have further expedited military-service-based naturalization
during peacetime by providing that the requirements for English and civics
knowledge, good moral character and allegiance to the United States and its
constitutional principles do not apply; by eliminating any required specific period of
service; and by permitting a veteran to apply for such naturalization at any time, not
just within six months of termination of service.
Several bills would have provided immigration benefits to the spouses and
children of U.S. citizen military personnel and veterans. In addition to provisions
expediting military naturalizations, H.R. 661 would have provided that certain
immigration benefits for the spouses (regardless of length of marriage), children, and
parents of a U.S. citizen who served in a combat zone designated in connection with
Operation Iraqi Freedom and died as a result of injury or disease caused by such
service. These provisions would have established specific guidelines for the
immigration benefits; however, it appears that these were similar to the provisions
of §1703 of P.L. 108-136, Div. A, codified under 8 U.S.C. §1151 notes, regarding
family-based immigrant petitions and adjustment-of-status applications, and as
amendments to INA §319 (8 U.S.C. §1430), which provides that the surviving
spouse, child or parent of a U.S. citizen (including a person granted military-service-
based posthumous citizenship) who dies during a period of honorable service in an
active duty status in the U.S. Armed Forces may be naturalized upon compliance
with all the INA requirements except for the residence and physical presence
requirements. However, the provisions of P.L. 108-136 were not limited to survivors
of service members who died as a result of combat in Operation Iraqi Freedom, but
were extended to survivors of service members who died as a result of service during
periods of hostilities.
Section 509 of S. 2611/S. 2612 would have provided that numerical limits on
immigrant visas shall not apply to the adult sons and daughters of U.S. citizens
naturalized under a statute benefitting Filipino World War II veterans. H.R. 901
would have given priority to the issuance of immigrant visas to the children and adult
sons and daughters of these naturalized Filipino World War II veterans. H.R. 4498
would have authorized the case-by-case waiver of certain naturalization requirements
for a child adopted outside the United States by military personnel who at the time
of adoption was stationed outside the United States.
Legislation in the 110th Congress. Sections 673 and 674 of P.L. 110-181,
the National Defense Authorization Act for Fiscal Year 2008 (January 28, 2008),
respectively (1) ensured reentry into the United States by LPRs who are spouses and
children accompanying a military service member abroad who might otherwise be
deemed to have abandoned their LPR status and (2) provided for the treatment of
periods abroad accompanying the service member as periods in the United States for
residence and physical presence purposes and for overseas naturalization for such
LPRs.
Although not directly involving military service, with regard to the
naturalization of LPRs originally admitted into the United States as special

CRS-22
immigrant Iraqi or Afghani translators or interpreters, P.L. 110-3656 provides that
time spent abroad as a translator or interpreter for the U.S. Department of State or
Armed Forces shall not be considered to break any period for which continuous
residence in the United States is required for naturalization.
Aside from these public laws, several bills would permit the use in military-
service naturalization applications of fingerprints taken by the DOD at the time of
enlistment, rather than requiring service members to obtain and submit separate
fingerprints in accordance with the naturalization requirements of the DHS, provided
that the naturalization application was filed within a certain period (12 or 24 months)
after enlistment. These include the Kendell Frederick Citizenship Assistance Act,
H.R. 2884/S. 2516, which would also provide for a report and study by the
Comptroller General concerning the implementation of and process for military-
service-based naturalization and recommendations for improvements. The report
would be submitted to the congressional committees on the Armed Services and on
the Judiciary. The bills would also require timely updates to agency websites and
application forms after changes to regulations on military naturalization. The
comprehensive immigration reform bills, S. 1348 (§§711-715 as placed on the Senate
calendar), S. 1639 (§701, as placed on the Senate calendar), and H.R. 1645 (§§711-
715, as introduced), also contained versions of this legislation. S. 1348 and H.R.
1645 would also provide for a dedicated toll-free telephone information service to
assist military service members with military-service-based naturalization.
It appears that the immediate problem of requiring fingerprints from military
service members has been addressed by USCIS. The fingerprint requirement is not
in the statutes or regulations governing naturalization; rather, it is the practice to
submit these to be used in conducting the criminal background check on
naturalization applicants. In testimony before the Senate Committee on Armed
Forces, Director Emilio Gonzalez of the USCIS noted that USCIS, in collaboration
with the DOD and the Federal Bureau of Investigation, had instituted a change in the
fingerprinting process permitting U.S. military personnel to sign a release authorizing
the use of fingerprints provided at enlistment for immigration purposes.57
S. 1348, one of the comprehensive immigration reform bills, included the
DREAM Act (§§621-632) with its provision that two years of military service
(honorable discharge if discharged) may satisfy one of the requirements for achieving
unconditional LPR status. This would be available to an undocumented alien who
has initially been granted conditional LPR status as a person who has been
continuously physically present in the United States after initially entering while
under the age of 16 years, among other qualifications.
56 121 Stat. 227 (2007), amending the National Defense Authorization Act for FY2006, P.L.
109-163, Div A, §1059, 119 Stat. 3443 (2006).
57 Testimony at a hearing on “Contributions of Immigrants to the U.S. Military” on July 10,
2 0 0 6 , a v a i l a b l e a t [ h t t p : / / a r m e d - s e r v i c e s . s e n a t e . g o v / s t a t e m n t / ]
2006/July/Gonzalez%2007-10-06.pdf (last visited February 4, 2008). This policy change
apparently was in response to recommendations made by the USCIS Ombudsman in March
2006, as described in USCIS Ombudsman, Annual Report 2006 at p. 73 (submitted to the
Congressional Committees on the Judiciary on June 19, 2006).

CRS-23
Section 751 of S. 1348 would amend INA §329 to provide that persons who are
not U.S. citizens shall not be denied the opportunity to serve in the U.S. Armed
Forces and that, with the approval of the chain of command, an alien who has
performed two years of honorable, satisfactory, active-duty service shall be granted
U.S. citizenship without regard to other naturalization requirements, processes or
procedures upon the satisfaction of three conditions. First, the alien must have filed
a naturalization application. Second, the alien must demonstrate English and civics
knowledge and good moral character to the military chain of command, consistent
with the requirements of the INA. Third, the alien must take the naturalization oath
of allegiance. The alien shall be naturalized not later than 90 days after satisfying the
requirements of this provision.
H.R. 1745 would provide immigration benefits to the immediate relatives of an
active duty or reserve member of the armed forces. It would waive inadmissibility
of such immediate relatives based on misrepresentation of material fact in order to
procure an immigration benefit or on a false claim of citizenship for any purpose or
benefit under any federal or state law. The bill would also extend the V
nonimmigrant visa to military families. V visas enable the spouses and children of
LPRs, who filed family-based immigrant petitions before December 21, 2000, and
are awaiting the availability of an immigrant visa, to enter and wait in the United
States for the immigrant visa if the petition (or the visa availability, if the petition
was approved) has been pending for three years or longer. The bill would permit the
spouses and children of active duty or reserve military personnel to receive a V visa
regardless of when the petition was filed or how long the petition or visa had been
pending.
Current Issues
Waiver or DOD adjudication of Naturalization Requirements.
Although P.L. 108-136 and close cooperation between the DOD and USCIS of the
DHS appear to have facilitated the naturalization of military service personnel,
particularly of those serving abroad, supporters of military service members advocate
further streamlining of the process. Some proposals would make naturalization
automatic for persons who are deployed to a combat zone, waiving any requirement
for demonstrating good moral character or knowledge of civics or English. Critics
of such proposals, although acknowledging the sacrifice and contribution of military
personnel in a combat zone, urge caution when considering eliminating substantive
requirements such as good moral character. Supporters of such proposals argue that
persons serving in the military can be assumed to have a working knowledge of
English and that an allegiance to the principles of U.S. government and good moral
character can be fairly attributed to persons serving honorably in a combat zone,
justifying the waiver of any technical test of civics and English or necessity of
demonstrating good moral character independently. Furthermore, once a person is
deployed to a combat zone, the timely processing of a naturalization application
becomes more urgent.
Other proposals would not waive requirements for good moral character, civics,
and English, but would authorize the chain of command in the DOD to determine
whether a military service member satisfies these requirements. Proponents assert
that the commanding officers of a military service member would be better able than

CRS-24
a USCIS adjudicator to judge whether that service member satisfies the requirements.
Opponents note that it would burden military officers with having to learn
immigration law and act as immigration adjudicator and that commanding officers
may inadvertently take into account factors that are not relevant to a naturalization
adjudication or may even interject personal knowledge and biases in the process.
Providing Immigration Benefits for Immediate Relatives. There is
currently no special relief from removal or special consideration for permitting aliens
waiting for an immigrant visa to enter or remain in the United States based on
whether the alien is an immediate relative of a military service members. Advocates
of special immigration benefits for family members of military personnel frame such
benefits as consideration extended to the military personnel, to relieve them of
anxiety and uncertainty concerning the status of family members while they are on
active duty, particularly if they are deployed abroad in a hostile area. Supporters of
current law argue that family members should not receive special treatment because
they happen to be related to a U.S. military service member. They warn that
expansion of removal relief and other immigration benefits to family members would
have implications beyond the desire to assist U.S. military personnel.

CRS-25
Appendix A. Active Duty and Selected Reserve
Noncitizen Accession Locations, by State,
as of January 2006
Percentage
State
Total
of all aliens
Alabama
17
0.04%
Alaska
49
0.12%
Arizona
288
0.69%
Arkansas
18
0.04%
California
5,806
13.90%
Colorado
137
0.33%
Connecticut
284
0.68%
Delaware
26
0.06%
District of Columbia
48
0.11%
Federated States of Micronesia
4
0.01%
Florida
2,430
5.82%
Georgia
264
0.63%
Guam
10
0.02%
Hawaii
361
0.86%
Idaho
49
0.12%
Illinois
579
1.39%
Indiana
65
0.16%
Iowa
62
0.15%
Kansas
61
0.15%
Kentucky
24
0.06%
Louisiana
29
0.07%
Maine
14
0.03%
Marshall Islands
1
0.00%
Maryland
519
1.24%
Massachusetts
472
1.13%
Michigan
121
0.29%
Minnesota
128
0.31%
Mississippi
9
0.02%
Missouri
57
0.14%
Montana
10
0.02%
Nebraska
52
0.12%

CRS-26
Percentage
State
Total
of all aliens
Nevada
209
0.50%
New Hampshire
29
0.07%
New Jersey
1,250
2.99%
New Mexico
94
0.23%
New York
3,338
7.99%
North Carolina
104
0.25%
North Dakota
3
0.01%
Northern Mariana Islands
4
0.01%
Ohio
74
0.18%
Oklahoma
68
0.16%
Oregon
127
0.30%
Palau
2
0.00%
Pennsylvania
227
0.54%
Puerto Rico
48
0.11%
Rhode Island
104
0.25%
South Carolina
30
0.07%
South Dakota
8
0.02%
Tennessee
51
0.12%
Texas
1,825
4.37%
Utah
69
0.17%
Vermont
8
0.02%
Virgin Islands
74
0.18%
Virginia
499
1.19%
Washington
379
0.91%
West Virginia
5
0.01%
Wisconsin
89
0.21%
Wyoming
9
0.02%
Unknown
21,039
50.38%
Total
41,760
100.00%
Source: DOD data as of January 2006.

CRS-27
Appendix B. Active Duty Citizenship Status, by
Country of Birth: Top 50 Countries
U.S. Citizen/
Country of Birth
National
Noncitizen
Unknown
Total
Philippines
14,816
4,560
705
20,081
Mexico
4,893
2,657
1,213
8,763
Jamaica
2,865
1,050
395
4,310
Dominican Republic
1,471
560
226
2,257
Haiti
856
461
246
1,563
Colombia
1,263
421
193
1,877
El Salvador
862
406
191
1,459
Trinidad and Tobago
1,007
373
143
1,523
Peru
781
320
137
1,238
Ecuador
638
285
93
1,016
Guyana
762
283
84
1,129
Nicaragua
556
273
133
962
Nigeria
498
253
9
760
Guatemala
499
244
79
822
Korea, Republic of
3,767
239
278
4,284
Vietnam
1,536
225
87
1,848
China
586
218
128
932
Honduras
509
215
87
811
Cuba
519
213
102
834
Thailand
895
202
88
1,185
Ghana
353
189
94
636
Canada
1,391
172
105
1,668
United Kingdom
2,704
168
94
2,966
Panama
1,679
134
61
1,874
Germany
9,701
132
30
9,863
Venezuela
269
99
53
421
Liberia
241
94
35
370
Kenya
142
88
65
295
Russia
235
88
0
323
Poland
362
86
54
502
Brazil
270
82
73
425

CRS-28
U.S. Citizen/
Country of Birth
National
Noncitizen
Unknown
Total
Belize
215
81
23
319
Barbados
262
78
22
362
Laos
301
74
23
398
India
439
70
39
548
Ethiopia
152
69
41
262
Dominica
195
67
28
290
Grenada
146
55
22
223
St. Lucia
116
53
22
191
South Africa
110
52
27
189
Ukraine
141
52
34
227
Romania
200
50
28
278
Togo
47
48
30
125
Japan
2,839
45
15
2,899
Sierra Leone
114
43
28
185
East Timor
16
41
0
57
Bahamas
130
39
11
180
Cambodia
169
38
17
224
Pakistan
139
36
28
203
Portugal
199
36
13
248
Argentina
102
34
24
160
Cameroon
75
34
21
130
Source: CRS analysis of DOD data as of November 2007.

CRS-29
Appendix C. Reserve Citizenship Status, by Country
of Birth: Top 50 Countries
U.S. Citizen/
Country of Birth
National
Noncitizen
Unknown
Total
Philippines
2,942
532
6
3,480
Mexico
1,106
405
4
1,515
Jamaica
489
166
2
657
El Salvador
157
97
0
254
Dominican Republic
241
96
0
337
Colombia
319
88
2
409
Vietnam
463
87
1
551
Haiti
163
84
0
247
Peru
162
80
2
244
Trinidad and Tobago
229
73
1
303
China
178
70
2
250
Nigeria
98
69
0
167
Guyana
161
61
0
222
Korea, Republic of
593
52
1
646
Ecuador
153
50
0
203
Canada
568
46
5
619
Nicaragua
69
42
0
111
United Kingdom
1,019
40
0
1,059
Guatemala
94
37
1
132
Thailand
175
37
0
212
Honduras
95
35
1
131
Cuba
255
33
0
288
Brazil
84
26
0
110
India
200
25
0
225
Venezuela
77
25
0
102
Ghana
47
24
0
71
Poland
110
22
0
132
Liberia
36
18
0
54
Kenya
33
17
0
50
Laos
78
15
0
93
Cambodia
39
14
1
54

CRS-30
U.S. Citizen/
Country of Birth
National
Noncitizen
Unknown
Total
Germany
1,808
14
0
1,822
Portugal
99
14
0
113
Belize
43
13
0
56
Costa Rica
39
13
1
53
Dominica
45
13
0
58
Panama
348
13
0
361
Cameroon
13
11
0
24
Bolivia
36
10
0
46
Morocco
49
10
0
59
Barbados
52
9
0
61
Hong Kong
75
9
0
84
Pakistan
55
9
1
65
Argentina
46
8
1
55
Chile
31
8
0
39
Ethiopia
26
8
0
34
Japan
1,023
8
0
1,031
Korea (North)
78
8
0
86
Russia
41
8
0
49
Ukraine
15
8
0
23
Source: CRS analysis of DOD data as of November 2007.