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1 [1] (August 23, 2018)

handle is hein.crs/crsmthzzbih0001 and id is 1 raw text is: ExeiCongressional Research SeMice In lr frm g the Iegislaitive debate since 1914 Expedited Citizenship through Military Service Overview Current law allows certain noncitizens who serve in the U.S. military to acquire expedited U.S. citizenship. Recent media reports have described situations in which noncitizen U.S. veterans who served in and were honorably discharged from the U.S. military, failed to apply for their citizenship for a variety of reasons, subsequently committed crimes that made them removable, and were then deported to their countries of origin. Although advocacy groups claim that there may be thousands of deported U.S. veterans outside of the United States, no reliable estimates have been produced for this population. In the 115th Congress, several legislative proposals have been introduced to address this issue. Current Naturalization Law The Immigration and Nationality Act (INA) allows certain noncitizens to become U.S. citizens through naturalization. Often viewed as a cultural milestone, naturalization provides certain benefits to immigrants, including the right to vote, security from deportation, and access to a U.S. passport. In general, lawful permanent residents (LPRs) who wish to naturalize must have resided continuously as LPRs in the United States for five years; provide evidence of good moral character; demonstrate knowledge of English, U.S. history, and attachment to the principles of the constitution; and take an oath of allegiance to the United States. Non- military naturalization applicants cannot be in removal (deportation) proceedings. U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security (DHS) processes naturalization applications for a $725 fee. INA provisions also facilitate expedited naturalization for noncitizen members of the U.S. Armed Forces and recently honorably discharged noncitizen U.S. veterans. 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 LPRs are eligible to enlist in the U.S. Armed Forces and be appointed as officers. Persons from Micronesia, Marshall Islands, and Palau are also eligible to enlist. Persons lawfully present in the United States who do not fall into these categories may enlist if the Service (e.g., Army, Navy) Secretary determines their enlistment to be vital to the national interest (the basis of the MAVNI program, discussed below). Military Service and Naturalization For noncitizen military service members serving on active duty in the U.S. Armed Forces, the INA does not require certain naturalization requirements, including the five years of continuous U.S. residence and naturalization fees. The INA also waives the provision prohibiting the naturalization of a person in removal proceedings. Service members and August 23, 2018 veterans must satisfy all other naturalization requirements. Naturalization may be revoked if the service member is discharged under other than honorable conditions before having served honorably for a total of five years. Active duty is defined by 10 U.S.C. 101 as full-time duty in the active military service of the United States. According to this definition, active duty does not require serving in combat, but it excludes inactive duty training in National Guard or Reserve units, or full time National Guard duty under Title 32 of the U.S. Code. The service branch also determines whether the service and discharge were honorable. Requirements for expedited naturalization through military service differ for noncitizen service members serving during peacetime and during periods of military hostilities as designated by executive order. Military Service During Peacetime For expedited naturalization during peacetime, military service members must serve honorably for a total of one year and apply while still in or within six months of leaving military service. Military Service During Hostilities For expedited naturalization during designated periods of hostilities (including the War on Terrorism starting on September 11, 2001), service members may apply immediately (although separately, the Department of Defense (DOD) requires at least six months to establish honorable service). Posthumous Naturalization The INA also provides for posthumous naturalization when death resulted from serving while on active duty during any designated period of hostilities. Conditions for posthumous naturalization include honorable service; death resulting from an injury or disease incurred in or aggravated by military service; and presence in the United States or a U.S. territory, or aboard a U.S. public vessel at the time of enlistment, whether or not the service member was a LPR or admitted as a LPR after enlistment. Requests for posthumous naturalization must be filed by the next-of-kin or by the DOD on behalf of the next-of-kin within two years of the service member's death, and no application fee is required. Essentially, posthumous citizenship is a symbolic honor accorded noncitizens who give their lives in defense of the United States. However, in cases of such service members who die as a result of active duty service during a period of hostilities, the INA extends naturalization to the surviving spouse, children, and parents. www.crs.gov i 7-5700

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