https://crsreports.congress.gov
April 29, 2022
U.S. Citizenship Through Military Service and Options for
Military Relatives
Overview
Obtaining U.S. citizenship provides certain benefits to
immigrants, including the right to vote, security from
deportation, and eligibility for a U.S. passport. Congress
has provided opportunities for citizenship through
qualifying military service since the Civil War. The
Immigration and Nationality Act (INA) specifies provisions
for expedited naturalization through military service during
peacetime and periods of military hostilities. It also
provides certain considerations for servicemembers’
spouses, children, and parents.
In recent years, some Members of Congress have expressed
concern regarding the deportation of noncitizen U.S.
veterans who were honorably discharged from the U.S.
military, did not apply for naturalization, were charged with
deportable offenses, and were removed to their countries of
origin. Recently, the Department of Homeland Security
(DHS) has announced certain initiatives addressing such
concerns.
Some Members have also raised concerns regarding the
potential deportation of servicemembers’ relatives as a
“threat to military readiness.” The executive branch offers
discretionary immigration options for relief from removal
for certain relatives of servicemembers on a case-by-case
basis under authorities designated by Congress.
Eligibility to Join the U.S. Armed Forces
In accordance with federal law, U.S. citizens, noncitizen
nationals (individuals born in American Samoa and Swains
Island), and lawful permanent residents (LPRs) are eligible
to enlist in the U.S. Armed Forces and be appointed as
officers. Persons from Micronesia, the Marshall Islands,
and Palau are also eligible to enlist. There is also legal
authority for those who do not fall into these categories to
enlist in certain circumstances.
The Military Accessions Vital to the
National Interest (MAVNI) Program
While federal law generally limits enlistment in the U.S.
Armed Forces as described above, it allows the appropriate
Service Secretary to authorize enlistment of those who do
not meet such requirements in certain circumstances (10
U.S.C. §504(b)(2); prior to August 13, 2018, the Secretary
had to determine the enlistment was vital to the national
interest; the language was then amended to be somewhat
more restrictive). This provision was the statutory basis for
the MAVNI program that was authorized by the
Department of Defense (DOD) in 2008. As implemented,
the MAVNI program allowed the military services to
recruit certain lawfully present aliens whose medical skills
and language expertise were deemed vital to the national
interest. Applicants at the time of enlistment had to be
asylees, refugees, holders of Temporary Protected Status
(TPS), beneficiaries of the Deferred Action for Childhood
Arrivals (DACA) policy, or in certain nonimmigrant
categories. The MAVNI program, as implemented, did not
allow for the enlistment of aliens who were unlawfully
present in the United States.
MAVNI enlistees who then met the conditions for
expedited naturalization through military service could
immediately apply for U.S. citizenship. Following DOD’s
establishment of new security screening requirements on
September 30, 2016, the military services stopped accepting
new applicants to the MAVNI program.
Naturalization and Military Service
Typically, foreign nationals seeking to naturalize must have
resided continuously as LPRs in the United States for five
years; provide evidence of “good moral character” (GMC);
demonstrate English proficiency, knowledge of U.S. history
and civics, and an attachment to the principles of the U.S.
Constitution; and take an oath of allegiance to the United
States. Ordinarily, if an individual is in removal
proceedings, U.S. Citizenship and Immigration Services
(USCIS) cannot adjudicate the naturalization application.
USCIS processes naturalization applications for a $725 fee
(including a biometric fee).
The INA exempts members of the military and former
servicemembers from some of these requirements.
Noncitizen current or former servicemembers may be
exempt from the requirement for five years of continuous
U.S. residence (see “Military Service During Peacetime”
and “Military Service During Hostilities” below for more
details) and are not required to pay naturalization fees.
The INA also waives the provision prohibiting the
naturalization of a person in removal proceedings for
certain current and former servicemembers. Naturalization
may be revoked if the servicemember is discharged under
other than honorable conditions before having served
honorably for a total of five years.
Under the INA, naturalization requirements, including for
continuous residence, differ depending on whether service
occurred during peacetime or during periods of military
hostilities as designated by executive order.
Military Service During Peacetime
To naturalize during peacetime under INA Section 328,
servicemembers must have served honorably for at least
one year, be at least 18 years old, and be an LPR at the time
of examination of the naturalization application. The
applicant must demonstrate GMC for at least five years
prior to filing their application. Those who apply while in
service or within six months of a discharge under honorable
conditions are exempt from residence and physical presence
