Hello I’m getting ready to file for my naturalization. I am prior military got out in 1998. My question is do I still have to fill out the N426 and G325B along with my N400. I have not been able to confirm this on any website or document how ever I called the service center and they told me that I did. I’m not sure if they just didn’t understand my question. BTW I am filing on the bases of being a resident for more then 5 years. Would it make any difference if I filed on the merits of my military service?
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Prior Military
- Thread starter kann13
- Start date
kann13 said:Hello I’m getting ready to file for my naturalization. I am prior military got out in 1998. My question is do I still have to fill out the N426 and G325B along with my N400. I have not been able to confirm this on any website or document how ever I called the service center and they told me that I did. I’m not sure if they just didn’t understand my question. BTW I am filing on the bases of being a resident for more then 5 years. Would it make any difference if I filed on the merits of my military service?
Hello Kann13.
As A Veteran of the United States Army, please allow me to thank you from the bottom of my heart for your service to this great nation.
To answer your question, first let me tell you: NEVER RELY ON THE ADVICE GIVEN TO YOU THROUGH THE CUSTOMER SERVICE PEOPLE. They are mere phone operators with no knowledge of immigration law. I once called them and they advise me to just don't show up to my Interview. The girl who told me this convinced me then that the Customer Service people may work for the Chinese Embassy or some other entity, but surely not USCIS. You can't even rely on USCIS officers to tell you what to do. My advice to you is to call three or four lawyers and ask them. But here is what I found on USCIS website.
It appears that you don't qualify for military naturalization,, because you are not filing within 6 months of your honorable discharge. But let me ask you this: Did you serve at least one day during Desert Storm: August 2, 1990 till April 11, 1991?
Do You Qualify?
There are general requirements and qualifications that must be met in order for you to become a US citizen. These include:
* Demonstrating that you have good moral character
* Demonstrating knowledge of the English language
* Demonstrating knowledge of U.S. government and history (“civics”), and
* Demonstrating attachment to the U.S. by taking an oath of allegiance to the U.S. Constitution.
As a member of the military there are other naturalization requirements that you may be excepted from, including the required residency and physical presence in the United States. These exceptions are outlined in Sections 328 and 329 of the INA.
Section 328, INA
This section applies to all members currently serving in the U.S. Armed Forces or those who have already been discharged from service.
* Have you served honorably for a total of one or more years?
* Are you a lawful permanent resident?
* Will you be filing your application for naturalization while still in service or within six months of being discharged?
There are general requirements and qualifications that must be met in order for you to become a US citizen. These include:
* Demonstrating that you have good moral character
* Demonstrating knowledge of the English language
* Demonstrating knowledge of U.S. government and history (“civics”), and
* Demonstrating attachment to the U.S. by taking an oath of allegiance to the U.S. Constitution.
As a member of the military there are other naturalization requirements that you may be excepted from, including the required residency and physical presence in the United States. These exceptions are outlined in Sections 328 and 329 of the INA.
Section 328, INA
This section applies to all members currently serving in the U.S. Armed Forces or those who have already been discharged from service.
* Have you served honorably for a total of one or more years?
* Are you a lawful permanent resident?
* Will you be filing your application for naturalization while still in service or within six months of being discharged?
Then USCIS adds:
If You Qualify…
Every military installation should have a designated point-of-contact to handle your application and certify your Request for certification of Military or Naval Service (N-426). You should inquire through your chain of command to find out who this person is, so they can help you with your application packet.
So in my humble opinion, since you don't qualify, you will have to file as a regular applicant. But be sure to mention your Honorable military service on the n-400 application.
Does anyone else concur?
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Publicus thank you very much for your response. I looked further into it and found the following in the Naturalization guide document check list. I thought I would share.
If you were previously in the U.S. military service, send:
A completed original Form G-325B, “Biographic Information".
If you are currently in U.S. military service AND are seeking citizenship based on that service, send:
A completed original Form N-426, “Request for Certification of Military or Naval Service;” AND
A completed original Form G-325B, “Biographic Information.”
So I am sending a G325B along with my N400. As far as qualifying for the expedited military naturalization I don’t qualify. I wasn’t in Desert Storm and got out before Sep. 11 2001. I was in Bosnia during operation Joint Guard but that does not qualify me for it.
If you were previously in the U.S. military service, send:
A completed original Form G-325B, “Biographic Information".
If you are currently in U.S. military service AND are seeking citizenship based on that service, send:
A completed original Form N-426, “Request for Certification of Military or Naval Service;” AND
A completed original Form G-325B, “Biographic Information.”
So I am sending a G325B along with my N400. As far as qualifying for the expedited military naturalization I don’t qualify. I wasn’t in Desert Storm and got out before Sep. 11 2001. I was in Bosnia during operation Joint Guard but that does not qualify me for it.
kann13 said:Publicus thank you very much for your response. I looked further into it and found the following in the Naturalization guide document check list. I thought I would share.
If you were previously in the U.S. military service, send:
A completed original Form G-325B, “Biographic Information".
If you are currently in U.S. military service AND are seeking citizenship based on that service, send:
A completed original Form N-426, “Request for Certification of Military or Naval Service;” AND
A completed original Form G-325B, “Biographic Information.”
So I am sending a G325B along with my N400. As far as qualifying for the expedited military naturalization I don’t qualify. I wasn’t in Desert Storm and got out before Sep. 11 2001. I was in Bosnia during operation Joint Guard but that does not qualify me for it.
Also, if I were you, I'd put a copy of my DD-214 with the package. It can help speed up things with the Honorable Discharge Clause. If I may ask: Why did you wait so long to apply for Citizenship?
Good luck.
Good idea I will include a copy of the DD-214. As for why I waited so log, well it’s kind of hard to explain. I currently hold dual citizenship with Honduras and Spain so I can travel with ease. I have been a resident for 12 years, becoming a citizen was something that really hasn’t been a priority for me and have hardly thought off. I grew up here and really feel like I was born here. I fought for this country in Bosnia and have always felt part of it. Well now I want to live outside of the US for over a year and get married to someone outside of the states and eventually move back here. So I guess realty hit me and now I see a need to become a citizen. I'm hoping I will be done with this by June next year so I can carry out my plans, but I live in Miami so it's a streach.