The path to citizenship for foreign-born military professionals

By Matt Scherer

I have been reading the numerous online reports of the Federal Government’s efforts to arrest military members with Purple Hearts because they didn’t have US citizenship. I recalled observing several oaths of citizenship in my own local military community.

I have decided to research the path to citizenship for foreign nationals who have chosen to serve the United States in our military. During my search, I have often wondered why so many of these men and women do not pursue this path towards naturalization.

In a February 28 memo, the U.S. Citizenship and Immigration Service said it “will no longer exempt” from deportation people in groups that had received more grace in the past, including families of military personnel or veterans.

Under INA 329 of the Immigration and Nationality Act,  the military provides a path to US citizenship.

This federal law requires only one day of qualifying service to obtain citizenship.   Of course, there is paperwork and coordination with a veteran’s commander and one’s closest judge advocate office.

A Ghana native, for example, must first obtain Form N-426 and needs an officer in the rank of O-6 or above to certify their service.

 

The next step is to complete Form N-400.   As military veterans, the government waives the costs for anyone wearing what retired Army Lt. General Milton Beagle terms the “cloth of our nation.”

As part of the vetting process, an applicant must demonstrate English proficiency and pass a citizenship test.   The U.S. Citizenship and Immigration Services then completes a background investigation on the applicant’s background.

Upon completing these steps, an active duty veteran can work with the USCIS to administer the oath of enlistment.

Background checks to upgrade security clearance can be a lengthy process. Investigators often must reach out to the applicant’s former high school as well as local law enforcement. The process for naturalization is even more intensive.