Citizenship through military service

The two military paths

USCIS lists two main laws for citizenship through service: INA 328 and INA 329.

• INA 328At least 1 year of honorable service, at any time (peacetime or not).
• INA 329Honorable service during a period of hostilities that the President has designated. USCIS lists September 11, 2001 to the present as one of those periods.

Both paths still need the usual tests. USCIS says English and civics are required unless you qualify for a waiver or exception, and you must show good moral character and attachment to the Constitution.

One year of service, any time

• Age18 or older.
• ServiceAt least 1 year total of honorable service, and if you are out, an honorable separation.
• StatusYou must be a lawful permanent resident (green card holder) when you are examined on your application.
• Time rulesUSCIS's policy manual says the residence and physical-presence rules are waived if you file while serving or within 6 months after an honorable discharge. File later and you need 5 years of continuous residence and 30 months of physical presence, with honorable service counting toward both.
• CharacterGood moral character for the 5 years before filing, through the day you naturalize.

Service during designated hostilities

• ServiceHonorable service during a designated period, in the Selected Reserve of the Ready Reserve or on active duty. Any age.
• Time rulesUSCIS says you are exempt from the continuous-residence and physical-presence requirements.
• StatusYou must have been a lawful permanent resident, or physically present in the U.S. (or another listed place) when you enlisted, reenlisted, extended or were inducted.
• CharacterGood moral character for at least 1 year before filing, through the day you naturalize.

If you served in more than one period, one qualifying period is enough, even if another ended with a discharge that does not qualify. Several details turn on exact dates and facts, so have a professional check yours.

Your discharge can make or break it

Both laws need honorable service. For people who have separated, that means a discharge under honorable conditions.

• QualifyUSCIS's policy manual lists Honorable and General (Under Honorable Conditions).
• Do not qualifyOther Than Honorable, Bad Conduct and Dishonorable, per the same manual.
• CheckA 2022 USCIS update said Uncharacterized discharges (like an entry-level separation) qualify. Search results show a later USCIS military-naturalization update dated September 26, 2025 that I could not open. Ask a lawyer whether that rule still holds for you.

USCIS also says a person naturalized on military service after November 24, 2003 can have citizenship revoked if they are separated under other than honorable conditions before finishing 5 years of honorable service. Those cases are referred to ICE.

If your discharge is the problem, see my page on discharge upgrades and character of discharge. To get your papers, see getting your DD-214 and military records.

N-400, N-426 and cost

• N-400Application for Naturalization. You can file online or by mail. You choose the military basis on the form.
• N-426Request for Certification of Military or Naval Service. If you are still serving, your chain of command certifies it and you file it with the N-400. Recruiters cannot certify it.
• If separatedSend a copy of your DD-214 or NGB Form 22 for all periods of service, showing the type and character of separation.
• FeeUSCIS says no fee applies to an N-400 filed under 328 or 329.

A June 2026 Federal Register notice proposes raising general N-400 fees and ending fee waivers. It says it would keep the exemption for current and former service members under 328 and 329. It is a proposal, so check the final rule.

Interview and oath rules differ for people living or stationed abroad. USCIS pages I read are not fully consistent on this, so ask before you travel.

Spouses, children and survivors

Your service does not make your spouse or child a citizen. USCIS has separate rules for family of U.S. citizen servicemembers.

• Spouse abroadINA 319(b) covers green card holder spouses of U.S. citizen servicemembers who are or will be stationed abroad. USCIS says no prior U.S. residence is required and the interview and oath are generally in the U.S.
• Time abroadINA 319(e) lets time abroad with the servicemember on official orders count as U.S. residence for a spouse.
• ChildrenINA 320 and 322 cover children of citizen parents. Biological, legitimated or adopted children qualify. Stepchildren do not.
• SurvivorsINA 319(d) can help the spouse, child or parent of a citizen servicemember who died in honorable active service.

I only list what USCIS's policy manual says. Your family's facts decide what applies, so get advice before you file.

Removal risk, real help and scams

A noncitizen veteran with a criminal record or a bad discharge can face removal (deportation). Do not guess. Get a licensed professional first.

• ICE policyAn ICE page says Directive 10039.2 told officers to weigh military service in enforcement decisions. That page is marked "Archived," so I cannot tell you it is current.
• AttorneyA licensed attorney can practice immigration law. Pick one who does immigration work.
• DOJ-accredited repDOJ's Recognition and Accreditation program lets non-lawyers at recognized nonprofits represent people in immigration matters. Some are limited to USCIS only ("DHS only"). Rosters are at the DOJ EOIR site.
• Not the sameVA accreditation covers only representing claimants before VA. It is not immigration accreditation.

USCIS tells people to report scams to the state consumer office, local police if you lost money, and the FTC. I could not open USCIS's notario page, so I cannot quote it here. Never pay someone who promises results. See also veteran scams and claim sharks and free legal help for veterans.

USCIS Military Help Line: 877-247-4645, for current members, families and veterans. USCIS's help-line page says Monday to Friday, 8 a.m. to 6 p.m. Eastern. Another USCIS page says 8 a.m. to 8 p.m. Call and confirm.

What I could not verify

• The September 26, 2025 USCIS military naturalization update. The file would not open. I only saw its name in search results. It may change the Uncharacterized discharge rule and overseas veteran interviews.
• USCIS's notario and legal-services scam pages. They would not open.
• Whether ICE Directive 10039.2 is still in force. The ICE page is marked Archived.
• Whether VA benefits depend on veteran status and not citizenship. The VA health benefits guide I read does not say it either way, so I am not claiming it.
• Any USCIS military email address. The help-line page lists none.
• The final N-400 fee rule. It was a proposal when I checked.
• How any of this applies to your facts, including criminal history, which I did not research.