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Ask the Lawyer: Service members, vets have easier path to citizenship

Q: With all of the recent political debate on immigration laws in the U.S., what are the laws surrounding service members interested in becoming a citizen?

A: In the last decade, new provisions to the Immigration and Nationality Act have made it easier for service members and veterans to become U.S. citizens.

The special streamlined process lets service members sidestep some naturalization requirements, including period of residence as well as physical presence on U.S. soil.

General requirements for naturalization include demonstrating good moral character, knowledge of the English language and U.S. civics, and an appreciation of the U.S. Constitution. Finally, personnel are required to take the Oath of Allegiance to the U.S. Then, the service member or veteran may apply for naturalization under section 328 or 329 of the INA.

Any service member who is a lawful permanent resident and has served honorably for one year collectively or any honorably discharged veteran filing within six months of separation can apply under Section 328.

Section 329 is for anyone who served on active duty during periods of military hostilities designated by the president, including the current period of conflict since Sept. 11, 2001. Service members or veterans may qualify under Section 329 if they enlisted on U.S. territory or a qualifying area, or were admitted as permanent residents after enlistment.

Once qualifications have been determined and a service member is eligible for U.S. citizenship, he will need to complete the proper forms. Fees for naturalization are waived for service members and veterans.

For personnel overseas, U.S. citizenship does not have to be put on hold. Many service members may be interviewed and naturalized at military bases, U.S. embassies or consulates while stationed abroad. Spouses and children who are abroad with their service member also may be eligible for expedited naturalization.

Note that under current law, citizenship may be revoked if the service member is discharged under other-than-honorable conditions.

Many military installations have a U.S. Citizenship and Immigration Services representative available to help service members and their families with the application process, but a legal assistance attorney or private immigration attorney may be retained as well.

If a representative is not available on base, visit USCIS at www.USCIS.gov. A military help line is also available through USCIS at 877-CIS-4MIL (877-247-4645). Ë

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Mathew B. Tully is an Iraq war veteran and founding partner of the law firm Tully Rinckey PLLC (www.fedattorney.com). E-mail questions to askthelawyer@militarytimes.com. The information in this column is not intended as legal advice.