Military Naturalization: INA §328 vs §329 Explained

TL;DR

The Immigration and Nationality Act (INA) provides two special naturalization pathways for noncitizen U.S. military service members. INA §328 applies during peacetime and requires 1 year of honorable service plus lawful permanent resident (LPR) status at the time of examination. INA §329 applies during specifically designated periods of hostilities and requires any period of honorable service (even one day) plus either LPR status at any time after enlistment or physical presence in the United States or a qualifying territory at the time of enlistment. Both pathways waive the standard naturalization filing fee. §329 waives the continuous residence and physical presence requirements entirely. The current designated period of hostilities began September 11, 2001, under Executive Order 13269 and continues until terminated by a future Executive Order. Applicants file Form N-400 with Form N-426 (Request for Certification of Military or Naval Service) if currently serving, or a DD-214 or NGB-22 if separated. Under USCIS's 2025 military-naturalization guidance, an uncharacterized discharge issued on or after August 1, 2024 does not meet the "under honorable conditions" requirement for former service members under INA §328 or §329, while an uncharacterized discharge issued before August 1, 2024 may still meet the requirement.

Two military naturalization pathways: §328 and §329

Congress has provided expedited naturalization opportunities for noncitizens serving in the U.S. armed forces since the Civil War era. The modern framework rests on two Immigration and Nationality Act provisions that operate side by side. Section 328 covers peacetime service — one year of honorable service qualifies the applicant for reduced residence and physical presence obligations. Section 329 covers service during specifically designated periods of hostilities and provides substantially broader exemptions from the general naturalization requirements.

Both pathways share three anchor requirements: honorable service (and, if separated, separation under honorable conditions as certified by the service branch), demonstration of good moral character during the relevant statutory period, and successful completion of the English and civics tests. The exemptions and reductions from other requirements are what distinguish the two provisions. For the broader good-moral-character framework that applies to both civilian and military applicants, see our good moral character standards guide.

INA §328: Peacetime military naturalization

Section 328 permits a noncitizen who has served honorably in the U.S. armed forces for at least one year at any time to apply for naturalization with reduced requirements. The year of service does not have to be continuous — cumulative service across enlistments counts toward the total. Qualifying service branches include the Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, and certain components of the National Guard and the Selected Reserve of the Ready Reserve.

Under INA §328, the applicant must be a lawful permanent resident at the time of examination on the naturalization application, be at least 18 years old at filing, demonstrate good moral character for at least five years prior to filing the application, meet the English and civics knowledge requirements, and support the U.S. Constitution. Applicants who file while in service or within six months of a discharge under honorable conditions are exempt from the standard 5-year continuous residence and 30-month physical presence requirements. Applicants filing more than six months after discharge remain subject to those general requirements.

INA §329: Naturalization during hostilities — the most powerful exemptions

Section 329 applies to noncitizens who have served honorably in active-duty status (or as a member of the Selected Reserve of the Ready Reserve) for any period of time — even a single day — during a specifically designated period of hostilities. The provision waives residence and physical presence requirements entirely, imposes no minimum age, and permits naturalization even for applicants who never held LPR status if they were physically present in the United States or a qualifying territory at the time of enlistment or induction.

The applicant must have served honorably during a designated period of hostility; been either lawfully admitted as an LPR at any time after enlistment or induction, or physically present in the United States, the Canal Zone, Swains Island, American Samoa, or on a public vessel owned by the United States at the time of enlistment or induction; demonstrated good moral character; passed the English and civics tests; and expressed attachment to the Constitution. National Guard service under §329 has its own qualifying-status rules that differ from §328's Guard rules.

Designated periods of hostilities

Section 329 applies only during periods of hostilities that have been formally designated by presidential Executive Order. The following periods have been designated to date, with all listed periods except the current post-9/11 window now closed:

The current post-9/11 designation under Executive Order 13269 remains in effect until a future Executive Order formally terminates it. Service members who served honorably for even one day during this open-ended period qualify under §329 for the exemptions from residence, physical presence, and age requirements, subject to the other §329 conditions.

Comparing §328 and §329 requirements

Forms and filing mechanics

Military naturalization applicants file Form N-400 (Application for Naturalization) with USCIS. The applicant should check the box indicating filing on the basis of qualifying military service under either §328 or §329. Currently-serving members must also file Form N-426 (Request for Certification of Military or Naval Service), which is completed and certified by the applicant's chain of command to establish honorable service and (where applicable) honorable separation. Former service members who are not currently serving submit their DD Form 214 (Certificate of Release or Discharge from Active Duty), NGB Form 22 (National Guard Report of Separation and Record of Service), or another official service document instead of Form N-426.

USCIS does not charge filing fees or biometrics fees for military naturalization applications under §328 or §329. Many military installations have designated USCIS liaisons — typically assigned to community service centers, Department of State family liaison offices, or Judge Advocate General offices — who can help service members with the application process. Currently-serving members outside the United States may complete all aspects of naturalization (biometrics, interviews, oath ceremonies) at overseas processing locations under 8 U.S.C. §1443a. For guidance on preparing for the naturalization interview itself, see our naturalization interview preparation guide.

Honorable service and discharge — the 2025 policy update

Both §328 and §329 require that service was honorable, and that separation (if applicable) was under honorable conditions. The service branch — not USCIS — determines whether the service was honorable and whether the separation was under honorable conditions. USCIS relies on the service branch's certification to determine whether the honorable-service or honorable-separation requirement is met, but USCIS still decides whether the applicant satisfies all other naturalization requirements.

In September 2025, USCIS issued policy guidance clarifying how uncharacterized discharges are treated for military naturalization. USCIS states that an uncharacterized discharge issued before August 1, 2024 may meet the "under honorable conditions" requirement, while an uncharacterized discharge issued on or after August 1, 2024 does not. The August 1, 2024 cutoff aligns with a Department of Defense Instruction (DODI 1332.14) update on that date that removed the language treating uncharacterized discharge as "the required characterization" for administrative matters and instead treated entry-level separations as a distinct category. Applicants who received uncharacterized discharges should consult with an immigration attorney or accredited representative before filing, and applicants who received Other Than Honorable (OTH), Bad Conduct (BCD), or Dishonorable discharges are not eligible for military naturalization at all.

Section 329A: Posthumous citizenship

INA §329A provides for posthumous citizenship for service members who died as a result of injury or disease incurred in or aggravated by active-duty service during a designated period of hostilities. The application is filed by a surviving family member using Form N-644 within two years of the service member's death. If approved, USCIS issues a Certificate of Citizenship establishing that the deceased service member was a U.S. citizen on the date of death. Posthumous citizenship does not automatically confer any benefit on surviving family members, but a surviving spouse, child, or parent may become eligible for related family-based immigration benefits under other INA provisions.

Frequently Asked Questions

Do I have to be a lawful permanent resident to apply under §329?

Not necessarily. Section 329 permits naturalization if you either (a) were lawfully admitted as an LPR at any time after enlistment or induction, or (b) were physically present in the United States, the Canal Zone, Swains Island, American Samoa, or on a public vessel owned by the United States at the time of enlistment or induction. Under §328, however, you must be an LPR at the time of examination on your naturalization application — no non-LPR pathway exists.

Does the 1-year service under §328 have to be continuous?

No. The one year of qualifying service is cumulative — service across multiple enlistments, deployments, or components can be aggregated to meet the year requirement, provided each period of service was honorable. A service member with 8 months in one enlistment and 6 months in a subsequent enlistment meets the 1-year threshold. The service branch certifies the total qualifying service on Form N-426 or on the DD-214 documentation.

Can I apply for naturalization from overseas while I am serving abroad?

Yes. Under 8 U.S.C. §1443a, current members of the U.S. armed forces and qualifying family members stationed outside the United States may complete all aspects of naturalization — application, biometrics, interview, and oath ceremony — while residing outside the United States on official orders. USCIS determines which field office has jurisdiction over your application based on your current duty station. You may request overseas processing at any time during your service.

Are there filing fees for military naturalization?

No. USCIS waives the standard N-400 filing fee and the biometrics fee for all naturalization applications filed under §328 or §329. This is a substantial financial benefit, since the civilian N-400 fee has increased significantly in recent years. The waiver applies to currently-serving and former service members alike, provided they qualify under §328 or §329.

Does an aggravated felony conviction bar me from military naturalization?

Yes, generally. An aggravated felony conviction on or after November 29, 1990, is a permanent bar to establishing good moral character under INA §101(f)(8), and good moral character is required for both §328 and §329 naturalization. Federal case law has confirmed that the aggravated felony bar applies even to applicants who served in active-duty status during wartime. For the specific interaction between criminal history and naturalization eligibility, see our deportation and removal bars guide.

What if my discharge was uncharacterized?

Under USCIS policy guidance issued in September 2025, the date of the uncharacterized discharge matters. USCIS states that an uncharacterized discharge issued before August 1, 2024 may meet the "under honorable conditions" requirement, but one issued on or after August 1, 2024 does not. The cutoff aligns with a DOD Instruction (DODI 1332.14) update on that date. Applicants who received uncharacterized discharges on or after August 1, 2024 should consult with an immigration attorney or Board of Immigration Appeals-accredited representative before filing military-service-based naturalization, and consider whether general INA §316 naturalization may still be available.

Bottom Line

The INA provides two military naturalization pathways: §328 for peacetime (1 year honorable service + LPR at examination + GMC for 5 years + English + civics + Oath) and §329 for service during specifically designated periods of hostilities (any period of honorable service, even 1 day + LPR at any time after enlistment OR physical presence at enlistment + no age minimum + no residence/physical presence + GMC + English + civics + Oath). The current post-9/11 designated period began September 11, 2001, under Executive Order 13269 and continues until formally terminated. Applicants file Form N-400 with Form N-426 (currently serving) or DD-214/NGB-22 (separated). No filing or biometrics fees apply. The service branch — not USCIS — determines whether service and separation were honorable; September 2025 USCIS guidance clarified that uncharacterized discharges issued on or after August 1, 2024 do not meet the honorable-conditions requirement, while those issued before that date may still meet it. Section 329A provides posthumous citizenship via Form N-644 filed within 2 years of death. Aggravated felony convictions on or after November 29, 1990, permanently bar good moral character and thus naturalization eligibility, even for military applicants. For the broader framework that both §328 and §329 depend on, see our good moral character standards guide, our naturalization interview preparation guide, and our deportation and removal bars guide.

Source: USCIS Policy Manual — Chapter 2: Peacetime Military Service (INA §328) · USCIS Policy Manual — Chapter 3: Military Service during Hostilities (INA §329) · USCIS — Naturalization Through Military Service