Expedited Citizenship through Military Service

Expedited Citizenship through Military Service

Updated August 23, 2018
Expedited Citizenship through Military Service
Overview
of a person in removal proceedings. Service members and
Current law allows certain noncitizens who serve in the
veterans must satisfy all other naturalization requirements.
U.S. military to acquire expedited U.S. citizenship. Recent
Naturalization may be revoked if the service member is
media reports have described situations in which noncitizen
discharged under other than honorable conditions before
U.S. veterans who served in and were honorably discharged
having served honorably for a total of five years.
from the U.S. military, failed to apply for their citizenship
Active duty is defined by 10 U.S.C. 101 as “full-time duty
for a variety of reasons, subsequently committed crimes
in the active military service of the United States.”
that made them removable, and were then deported to their
According to this definition, active duty does not require
countries of origin. Although advocacy groups claim that
serving in combat, but it excludes inactive duty training in
there may be thousands of deported U.S. veterans outside of
National Guard or Reserve units, or full time National
the United States, no reliable estimates have been produced
Guard duty under Title 32 of the U.S. Code. The service
for this population. In the 115th Congress, several legislative
branch also determines whether the service and discharge
proposals have been introduced to address this issue.
were honorable.
Current Naturalization Law
Requirements for expedited naturalization through military
The Immigration and Nationality Act (INA) allows certain
service differ for noncitizen service members serving
noncitizens to become U.S. citizens through naturalization.
during peacetime and during periods of military hostilities
Often viewed as a cultural milestone, naturalization
as designated by executive order.
provides certain benefits to immigrants, including the right
to vote, security from deportation, and access to a U.S.
Military Service During Peacetime
passport.
For expedited naturalization during peacetime, military
service members must serve honorably for a total of one
In general, lawful permanent residents (LPRs) who wish to
year and apply while still in or within six months of leaving
naturalize must have resided continuously as LPRs in the
military service.
United States for five years; provide evidence of “good
moral character”; demonstrate knowledge of English, U.S.
Military Service During Hostilities
history, and attachment to the principles of the constitution;
For expedited naturalization during designated periods of
and take an oath of allegiance to the United States. Non-
hostilities (including the War on Terrorism starting on
military naturalization applicants cannot be in removal
September 11, 2001), service members may apply
(deportation) proceedings. U.S. Citizenship and
immediately (although separately, the Department of
Immigration Services (USCIS) in the Department of
Defense (DOD) requires at least six months to establish
Homeland Security (DHS) processes naturalization
honorable service).
applications for a $725 fee.
INA provisions also facilitate expedited naturalization for
Posthumous Naturalization
noncitizen members of the U.S. Armed Forces and recently
The INA also provides for posthumous naturalization when
honorably discharged noncitizen U.S. veterans.
death resulted from serving while on active duty during any
designated period of hostilities. Conditions for posthumous
Eligibility to Join the U.S. Armed Forces
naturalization include honorable service; death resulting from
In accordance with federal law, U.S. citizens, noncitizen
an injury or disease incurred in or aggravated by military
nationals (individuals born in American Samoa and Swains
service; and presence in the United States or a U.S. territory,
Island), and LPRs are eligible to enlist in the U.S. Armed
or aboard a U.S. public vessel at the time of enlistment,
Forces and be appointed as officers. Persons from
whether or not the service member was a LPR or admitted as
Micronesia, Marshall Islands, and Palau are also eligible to
a LPR after enlistment. Requests for posthumous
enlist. Persons lawfully present in the United States who do
naturalization must be filed by the next-of-kin or by the DOD
not fall into these categories may enlist if the Service (e.g.,
on behalf of the next-of-kin within two years of the service
Army, Navy) Secretary determines their enlistment to be
member’s death, and no application fee is required.
vital to the national interest (the basis of the MAVNI
Essentially, posthumous citizenship is a symbolic honor
program, discussed below).
accorded noncitizens who give their lives in defense of the
Military Service and Naturalization
United States. However, in cases of such service members
who die as a result of active duty service during a period of
For noncitizen military service members serving on active
hostilities, the INA extends naturalization to the surviving
duty in the U.S. Armed Forces, the INA does not require
spouse, children, and parents.
certain naturalization requirements, including the five years
of continuous U.S. residence and naturalization fees. The
INA also waives the provision prohibiting the naturalization
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Expedited Citizenship through Military Service
The Military Accessions Vital to the
smuggling, and high-speed flight from an immigration
National Interest (MAVNI) Program
checkpoint;
While federal law requires U.S. citizenship or lawful
 commit crimes related to controlled substances or who
permanent residency for enlistment in the U.S. Armed
become drug abusers or addicts;
Forces, it allows individuals who do not meet those

requirements to enlist if the appropriate Service Secretary
commit certain firearm offenses;
“determines that such enlistment is vital to the national
 commit crimes of domestic violence, stalking, violation
interest” (10 U.S.C. 504(b)(2)). This is the statutory basis
of protective orders, and crimes against children;
for the MAVNI program authorized by DOD in 2008. As
 fail to register with DHS (if required under law) or
implemented by DOD, the MAVNI program allowed the
commit document fraud;
military services to recruit certain legally present aliens
whose skills were deemed vital to the national interest.
 are security risks (including aliens who violate
Those skills included medical specialties and expertise in
espionage-related laws, engage in criminal activity that
certain languages. Applicants at the time of enlistment had
endangers public safety, partake in terrorist activities, or
to be either asylees, refugees, holders of Temporary
assisted in Nazi persecution or genocide);
Protected Status (TPS), beneficiaries of the Deferred Action
 become a public charge (i.e., dependent upon public
for Childhood Arrivals (DACA) policy, or in any one of a
benefits) within five years of entry; or
range of nonimmigrant categories. (The MAVNI program,
 vote unlawfully.
as implemented, did not admit unauthorized aliens who
were not lawfully present in the United States.)
The INA crime category of aggravated felony for which
one can be deported has expanded substantially since its
Applicants must have been in a valid status or a DACA
initial definition in 1988 and now includes over 50 types of
recipient as described above for at least two years
crimes, including some state-level misdemeanors. The
immediately prior to enlistment. Approved MAVNI
broadest INA categories of aggravated felonies include
applicants who then met the conditions for expedited
naturalization through military service, as described above,
 any crime of violence (including crimes involving a
could immediately apply for U.S. citizenship. Following
substantial risk of the use of physical force) for which
DOD’s establishment of new security screening
the imprisonment term is at least one year;
requirements on September 30, 2016, the military services
 any crime of theft (including the receipt of stolen
stopped accepting new applicants to the MAVNI program.
property) or burglary for which the term of
It is not known if or when DOD will reactivate the program.
imprisonment is at least one year; and
Deportation of U.S. Military Veterans
 illegal trafficking in drugs, firearms, or destructive
Applying for naturalization is voluntary, undertaken at the
devices.
volition of eligible noncitizens wishing to become U.S.
DOD has responded to this issue by taking steps within its
citizens. Despite clear benefits of U.S. citizenship status
service branches to identify noncitizen recruits and ensure
over LPR status, millions of LPRs who are eligible to
that they are aware of expedited naturalization through
naturalize do not do so. Common reasons that noncitizens
military service, have access to the proper forms and
cite for not naturalizing include allegiance or attachment to
instructions to apply for naturalization, and are afforded the
countries of origin, not meeting the requirements for good
opportunity to do so.
moral character, an inability to demonstrate the required
basic understanding of English and U.S. history, and the
Legislation introduced in the 115th Congress would address
expense of applying for naturalization.
this issue in a variety of ways. For example, H.R. 3563
would remove the failure to file a naturalization application
Several media reports also have suggested that some
(by a veteran who was previously eligible to do so) as a
deported U.S. veterans claimed that they were not made
reason for deporting an honorably discharged U.S. veteran.
aware of the need to file the necessary paperwork with
H.R. 3429 and H.R. 1405/S. 1704 would allow deported
USCIS in order to obtain U.S. citizenship, mistakenly
U.S. veterans to re-enter the United States to adjust their
assuming in some cases that enlistment was sufficient to
legal status to legal permanent resident, thereby facilitating
obtain citizenship.
their naturalization. H.R. 2761/S. 1703 would authorize
LPRs who do not naturalize may reside lawfully in the
DHS to temporarily admit U.S. veterans residing abroad
United States indefinitely, but they enjoy neither the
who seek health care from the U.S. Department of Veterans
privileges, nor incur the civic responsibilities, of U.S.
Affairs. None of these bills has seen legislative action.
citizens. In particular, they may be deported from the
United States. The INA specifies broad grounds of
More Information
deportability for noncitizens who
For more information, see archived CRS Report R43366,

U.S. Naturalization Policy, by William A. Kandel.
are inadmissible at time of their U.S. entry or violate
their immigration status;

William A. Kandel, Analyst in Immigration Policy
commit certain criminal offenses, such as including
Lawrence Kapp, Specialist in Military Manpower Policy
crimes of moral turpitude, aggravated felonies, alien
IF10884

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Expedited Citizenship through Military Service

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