Chapter 3 - Military Service during Hostilities (INA 329)

A. Background

In addition to the general provisions for naturalization, including the provision for alien military service members under Immigration and Nationality Act (INA) section 328, Congress also provided a special provision for service during specific hostilities.^[1] This provision has its origins in similar provisions that were enacted starting after World War I in recognition of the honorable service and sacrifice of aliens during times of war.  

B. General Eligibility through Military Service during Hostilities

Members of the U.S. armed forces who serve honorably for any period of time during specifically designated periods of hostilities may be eligible to naturalize.^[2]

The alien must establish that he or she meets all of the following criteria in order to qualify:

• The alien may be of any age.
• The alien must have served honorably in the U.S. armed forces during a designated period of hostility.
• The alien must either be a lawful permanent resident (LPR) or have been physically present at the time of enlistment, reenlistment, or extension of service or induction into the U.S. armed forces:
  • In the United States,^[3] the Canal Zone, American Samoa, or Swains Island, or
  • On board a public vessel owned or operated by the United States for noncommercial service.
• The alien must be able to read, write, and speak basic English.
• The alien must demonstrate knowledge of U.S. history and government.
• The alien must demonstrate good moral character for at least 1 year prior to filing the application until the time of his or her naturalization.
• The alien must have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the United States during all relevant periods under the law.

An alien who files on the basis of military service during hostilities is exempt from the general naturalization requirements of continuous residence and physical presence.^[4]

As with all cases, all pertinent background checks, including applicable U.S. Department of War (DOW) checks (if required)^[5] must be completed before USCIS may interview the alien applying for naturalization.

C. Honorable Service

1. Qualifying Military Service

Qualifying military service is honorable service in the Selected Reserve of the Ready Reserve or active duty service in the U.S. Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard. Service in the National Guard may also qualify.^[6] In general, international cadets attending U.S. military academies are not considered to have served in the U.S. armed forces.^[7]

Honorable service means service in the U.S. armed forces that is designated as honorable service by the executive department under which the alien performed that military service.

Current Military Service

 An alien military service member who applies for naturalization based on his or her service during specific hostilities^[8] and who is serving in the U.S. armed forces at the time he or she files the naturalization application must have his or her service certified as honorable by his or her military branch. The alien military service member is responsible for submitting to USCIS a complete and certified Request for Certification of Military or Naval Service (Form N-426).^[9]

Past Military Service

An alien service member who applies for naturalization based on his or her service during specific hostilities^[10] and who is separated from the U.S. armed forces at the time he or she files the naturalization application must submit a copy of his or her official discharge documentation. The U.S. armed forces generally issue a “Certificate of Release or Discharge from Active Duty” (DD Form 214) or National Guard Report of Separation and Record of Service (NGB Form 22) upon the alien military service member’s release from active duty service.

Military discharge characterizations indicate the nature of a military service member’s separation and can impact eligibility for naturalization. INA 329 requires honorable service and, if the alien has separated from service, a separation under honorable conditions.^[11]

As illustrated in the table below, the U.S. Department of War (DOW) authorizes six characterizations of service for military service members to receive on discharge:^[12] 

As noted in the table, only “Honorable” and “General (Under Honorable Conditions)” discharges meet the statutory provisions requiring that an alien was separated “under honorable conditions,” because these are the only discharges that indicate honorable service.”^[18] Other discharge types, such as “Uncharacterized,”^[19] “Other Than Honorable,” “Bad Conduct,” and “Dishonorable,” do not qualify as a separation under honorable conditions.

Both “Honorable” and “General (Under Honorable Conditions)” are defined as types of “Characterized” service, and therefore “Uncharacterized”^[20] discharges do not meet the “under honorable conditions” requirement. Notwithstanding, uncharacterized discharges issued before August 1, 2024, meet the “under honorable conditions” requirement, because the Department of Defense Instructions (DODI) had treated an uncharacterized discharge as “the required characterization” for “administrative matters” before August 1, 2024.^[21]

The then-U.S. Department of Defense (DOD) updated the DODI on August 1, 2024,^[22] which removed the language regarding an uncharacterized discharge being treated as “the required characterization” for administrative matters and addressed entry-level separations as a distinct and separate category of discharges apart from honorable and general (under honorable conditions) discharges. Therefore, only uncharacterized discharges issued on or before July 31, 2024, qualify as “under honorable conditions” for naturalization purposes.

Discharges Based on Refusal to Comply with COVID-19 Vaccination Mandates

On August 24, 2021, and November 30, 2021, the then-Secretary of Defense mandated that members of the U.S. armed forces be vaccinated against the coronavirus disease (COVID-19). Consequently, service members who refused to comply with the mandates were discharged from active duty. The then-Secretary of Defense later rescinded the mandates on January 10, 2023, and rendered all then-DOD component policies, directives, and guidance implementing those vaccination mandates as no longer in effect.^[23] Under the then-DOD policy announced on January 10, 2023, DOW permits individuals who separated or were discharged from the military to request a change in the "characterization of their discharge" in their personnel records.^[24]

For the purposes of meeting eligibility for naturalization under INA 329, USCIS reviews the Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or other official discharge document to determine if the qualifying military service was both honorable service and that the alien has been separated under honorable conditions.^[25] An alien who believes his or her discharge was incorrectly characterized due to refusal to comply to COVID-19 vaccination requirements may seek an upgrade to their discharge characterization through their respective military departments before applying for naturalization.^[26]

2. Multiple Periods of Service

Aliens who have multiple periods of service must demonstrate that they have at least one qualifying period of service to establish eligibility under INA 329. A qualifying period of service is a period of service during which the applicant served honorably as a member of the Selected Reserve of the Ready Reserve or on active duty in the U.S. armed forces during a designated period of hostilities, and if separated, was separated under honorable conditions.

Therefore, an alien who was separated under honorable conditions from a qualifying period of service may be eligible for naturalization under INA 329 even if the alien received a different type of discharge from any other period of service, including during a designated period of hostilities.

For example, an alien may have enlisted in October 1975, and served honorably on active duty for one entire period of service until 1978. The alien is honorably discharged and immediately reenlists for a second period of service for 2 more years starting in 1978 and ending in 1980. During the second period of service (1978-1980), the alien is discharged under “other than honorable conditions.” This alien, if able to demonstrate good moral character and meet all other naturalization requirements, is eligible to naturalize under INA 329 based on the first qualifying period of service (1975-1978).

Similarly, an alien who was previously separated with a discharge type that was not under honorable conditions, but subsequently reenlisted or was reinstated to service, may qualify for naturalization based upon the subsequent qualifying period of service if the executive department under which the alien performed the subsequent period of service certifies that the alien served honorably and, if separated, was separated under honorable conditions.

D. National Guard Service

An alien filing on the basis of military service during hostilities^[27] who has National Guard service may qualify if the alien has honorable service in either the U.S. armed forces or in the Selected Reserve of the Ready Reserve.^[28] USCIS does not require proof of federal activation for a National Guard applicant if the alien served in the Selected Reserve of the Ready Reserve during a designated period of hostility.^[29] The alien service member is responsible for submitting to USCIS a complete and certified Request for Certification of Military or Naval Service (Form N-426) (if currently serving), or if not currently serving, a National Guard Report of Separation and Record of Service (NGB Form 22) or other official discharge document for all periods of service.^[30]

The National Guard determines when one of its members is a member of the Selected Reserve of the Ready Reserve; however, most National Guard members adhere to Selected Reserve training requirements and are members of the Selected Reserve of their respective services.

When a National Guard member is a member of the Selected Reserve of the Ready Reserve, the member may apply for naturalization under INA 329 based on that service, if otherwise eligible. The applicant does not need to have active duty service or be part of the National Guard during such time as the unit is federally recognized as a reserve component of the armed forces in order to qualify under INA 329.

E. Designated Periods of Hostilities

The INA and Presidential Executive Orders have designated the following military engagements and ranges of dates as periods of hostilities.^[31]

On July 3, 2002, President George W. Bush issued Executive Order 13269, which has designated a period of hostilities and has permitted the expedited naturalization for aliens eligible under INA 329 as of September 11, 2001. The current designated period continues to be a designated period of hostilities for INA 329 purposes until the President issues a new Executive Order terminating the designation.^[38]

F. Eligibility as Permanent Resident or if Present in United States at Induction or Enlistment

In general, an alien who files on the basis of military service during hostilities^[39] is not required to be an LPR if he or she was physically present at the time of induction, enlistment, reenlistment, or extension of service in the U.S. armed forces:

• In the United States, the Canal Zone, American Samoa, or Swains Island; or
• On board a public vessel owned or operated by the United States for noncommercial service.

In addition, an alien who is lawfully admitted for permanent residence after enlistment or induction is also eligible for naturalization under this provision regardless of the place of enlistment or induction.

G. Conditional Permanent Residence and Naturalization during Hostilities

If the alien is a conditional permanent resident and is eligible to naturalize on the basis of military service during hostilities^[40] without being an LPR based on being in the United States during enlistment or induction, the alien is not required to file or have an approved Petition to Remove Conditions on Residence (Form I-751) before his or her Application for Naturalization (Form N-400) may be approved.

H. Military Accessions Vital to National Interest Program

The general guidance in this section is from information provided by the DOW on its former Military Accessions Vital to National Interest (MAVNI) program. USCIS is providing this general information in the Policy Manual to assist current and former service members and their families.

1. Background

In 2009, the then-U.S. Department of Defense (DOD) authorized the MAVNI pilot program as a recruitment tool to enlist certain nonimmigrants and other aliens who had skills that were considered vital to the national interest of the United States. The program applied to certain health care professionals and aliens who were fluent in certain foreign languages.

Then-DOD allowed authorization for the MAVNI program to expire on September 30, 2017, and has not renewed the program since that time. As a result, all individuals enlisting in the military are currently required to be U.S. citizens or nationals, lawful permanent residents of the United States, or citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau (countries with which the United States has Compacts of Free Association allowing their citizens to enlist in the U.S. armed forces).^[41]

An alien entering active duty status or service in the Selected Reserve of the Ready Reserve may apply for military naturalization after the alien’s Request for Certification of Military or Naval Service (Form N-426) has been properly authorized, completed, and signed by the appropriate person authorized by DOW.^[42] USCIS is unable to adjudicate a naturalization application for current service members without a properly submitted Form N-426.

Calixto Settlement Agreement Applicants

On September 22, 2022, the U.S. Army entered into a settlement agreement to settle Calixto, et al., v. U.S. Dep’t of the Army, et al. (Calixto Agreement).^[43] In the settlement agreement, the Army agreed to certify Forms N-426 for certain Army enlistees, including some enlistees who never began a qualifying period of service in the Army. By certifying the Form N-426, the Army is certifying that the enlistees served honorably on active duty or in the Selected Reserve of the Ready Reserve during a designated period of hostilities such that the enlistees could apply for military naturalization under INA 329. 

Certain applicants who enlisted in the U.S. Army, including the Selected Reserve of the Ready Reserve Delayed Training Program (DTP) or Regular Army Delayed Entry Program (DEP), through the MAVNI pilot program on or before September 30, 2017, may receive a certified Form N-426 under the terms of the Calixto Agreement. Such applicants become eligible to apply for naturalization under INA 329 as a result of the certified Form N-426, even before attending initial entry training.

Under the Calixto Agreement,^[44] if the applicant was not discharged as of September 22, 2022 or had received an uncharacterized discharge^[45] from the U.S. Army by that date, the Army considers the applicant to have served honorably and certifies a Form N-426 on their behalf even if they did not attend initial entry training.

Applicants are required to submit a certified Form N-426 signed by a person authorized by the U.S. Army to certify the form. Applicants may also provide a copy of the September 22, 2022, Calixto Agreement with their naturalization application and with their certified Form N-426 as a substitute for identifying the type and duration of service in the Form N-426, and as evidence of honorable service or an under honorable conditions discharge.^[46] Including the agreement and annotating on the Application for Naturalization (Form N-400) and Form N-426 with "Calixto" at the top helps USCIS identify class members and provide for more efficient processing.^[47]

2. General Eligibility Requirements

Eligible Candidates

To be eligible for the MAVNI program, then-DOD required aliens to be in one of the following immigration categories or authorized stays at the time of enlistment into the U.S. armed forces:

• Asylee;
• Refugee;
• Beneficiary of Temporary Protected Status (TPS);
• Person granted deferred action by USCIS under the Deferred Action for Childhood Arrivals (DACA) policy; or
• Nonimmigrant in any of the following categories: E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V.

Valid Status for 2 Years

Then-DOD required most aliens for MAVNI to have been in a valid status in one of the eligible immigration categories or authorized stays listed above for at least 2 years immediately preceding the date of enlistment. The alien was not required to be in the same qualifying category or authorized stay listed above for those 2 years on the date of enlistment.

Then-DOD exempted or waived the 2-year requirement for certain aliens. Specifically, then-DOD did not require DACA recipients to meet the 2-year requirement. In addition, then-DOD considered waiving the requirement that an alien applying to the MAVNI program be in valid immigration status or within a period of authorized stay at the time of enlistment on a case-by-case basis under certain circumstances.

3. Other Factors to Consider

Nonimmigrants and Absences from United States

Under then-DOD guidance, most applicants to the MAVNI program under a qualifying nonimmigrant category at the time of enlistment must not have been absent from the United States for more than 90 days during the 2-year period immediately preceding the date of enlistment. Then-DOD did not apply this 90-day limitation on absences to DACA recipients.

Foreign Residency Requirement

A nonimmigrant exchange visitor under the J nonimmigrant visa classification may have been eligible to apply for the MAVNI program with then-DOD. Certain nonimmigrant exchange visitors were subject to a statutory foreign residence requirement.^[48] J exchange visitors who enlisted in the military through the MAVNI program were not required to comply with the foreign residence requirement in order to naturalize.^[49] In addition, the dependent spouse or child of the exchange visitor was not required to comply with the foreign residence requirement.^[50]

Adjustment of Status Applicants

Then-DOD did not disqualify otherwise eligible applicants to the MAVNI program by virtue of having a pending adjustment of status application with USCIS.^[51]

I. Veterans Residing Outside the United States

Admission or Parole into United States for Naturalization Interview

Aliens who reside outside the United States and have separated from the military are required to appear for an interview in the United States.^[52] All aliens must be inspected and admitted or paroled in order to enter the United States.^[53]

If seeking parole into the United States, the alien may file the naturalization application concurrently with an Application for Travel Documents, Parole Documents, and Arrival/Departure Records (Form I-131) without a fee to seek an advance parole document for a humanitarian or significant public benefit parole before entering the United States, if necessary.^[54] USCIS coordinates with the alien to schedule an interview date and location.

Documentation

An alien who is concurrently seeking naturalization and an advance parole document must provide all the required documentation to establish eligibility for naturalization with Application for Naturalization (Form N-400),^[55] including a police clearance from every place of residence outside the United States within 1 year of filing the naturalization application. In addition, the alien is required to provide documentation to establish eligibility for an advance parole document with Form I-131, including submitting an Affidavit of Support (Form I-134).^[56]

USCIS will inform the alien if they need to submit biometrics in connection with the naturalization application at an authorized site such as a U.S. embassy, U.S. consulate, or U.S. military installation.

In addition, the alien submitting Form I-131^[57] is required to provide documentation to establish eligibility for an advance parole document.

Failure to Appear at Interview

USCIS considers the alien to have abandoned his or her application and administratively closes the application in cases where the alien:

• Fails to appear at his or her scheduled naturalization interview; and
• Fails to notify USCIS of the reason for nonappearance within 30 days of the scheduled interview.

USCIS considers subsequent correspondence from an alien within 1 year of the administrative closure a request to reopen the application.^[58]

Jurisdiction

The USCIS office having jurisdiction over the alien’s last residence within the United States or Outlying Possession (OLP) maintains jurisdiction over the naturalization application.^[59] If there is no evidence in the application to establish the alien’s last place of residence in the United States or OLP, the field office should review the service record for the address of record at the time of departure.

If the alien requests to have the naturalization interview conducted at a USCIS office other than the office having jurisdiction based on the applicant’s last residence, the office having jurisdiction may coordinate, if practicable, with the appropriate office to accommodate the request. Even if such a request for an interview is approved, the original office retains jurisdiction over the adjudication of the naturalization application.

Footnotes

[^ 1] See INA 329.

[^ 2] See INA 329.

[^ 3] Includes the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. See INA 101(a)(38).

[^ 4] See INA 329(b). See 8 CFR 329.2(e).

[^ 5] Including Defense Clearance Investigation Index (DCII) queries. See Chapter 6, Required Background Checks [12 USCIS-PM I.6] for information on background checks and fingerprint requirements for aliens applying for naturalization based on military service. Additionally, in certain cases that involved aliens recruited through the Military Accessions Vital to the National Interest (MAVNI) program, USCIS required then-DOD background and security checks to be completed and a review of any derogatory information then-DOD obtained regarding an alien applying for naturalization. USCIS does not require any DOW adjudication of the alien’s suitability for military service, including a Military Service Suitability Recommendation or a Military Service Suitability Determination, to be complete before interviewing or beginning adjudication of a naturalization application, and the outcome of any such DOW adjudication does not determine the outcome of the naturalization adjudication.

[^ 6] See Section D, National Guard Service [12 USCIS-PM I.3(D)].

[^ 7] In general, a military academy cadet who is a U.S. citizen or national is considered to be serving in the U.S. armed forces, but international cadets attending U.S. military academies are not considered as having served in the U.S. armed forces. This is because international cadets, sponsored by their home country, are generally considered to be serving in their home country’s military and are obligated to serve in their home country upon graduation.

[^ 8] See INA 329.

[^ 9] See Chapter 5, Application and Filing for Service Members (INA 328 and 329) [12 USCIS-PM I.5] for additional information about Form N-426.

[^ 10] See INA 329.

[^ 11] See INA 329(a). See 8 CFR 329.2(a) and 8 CFR 329.2(b).

[^ 12] See Certificate of Uniformed Service (DD Form 214/5 Series) (PDF), U.S. Department of Defense Instruction No. 1336.01, Section 3, effective February 17, 2022.

[^ 13] Also known as “discharge.” See 32 CFR 73.2 (The characterization of a discharge or dismissal is a determination reflecting a Service member's conduct and performance of duty while in military service during a specific period of military service. Administrative discharges can be characterized as honorable, general (under honorable conditions), other than honorable conditions, or can be described as uncharacterized (as in an entry-level separation). If a discharge is adjudged at a court-martial, the assigned characterization may be a bad-conduct discharge, or dishonorable discharge, or a dismissal. The term characterization of a discharge or dismissal is also referred to as a “character of discharge” or “character of service.”).

[^ 14] See Enlisted Administrative Separations (PDF), U.S. Department of Defense Instruction No. 1332.14, Section 4.3, effective August 1, 2024.

[^ 15] See Enlisted Administrative Separations (PDF), U.S. Department of Defense Instruction No. 1332.14, Section 4.3, effective August 1, 2024.

[^ 16] See Enlisted Administrative Separations (PDF), U.S. Department of Defense Instruction No. 1332.14, Section 4.3, effective August 1, 2024.

[^ 17] See Enlisted Administrative Separations (PDF), U.S. Department of Defense Instruction No. 1332.14, Section 4.3, effective August 1, 2024.

[^ 18] See Enlisted Administrative Separations (PDF), U.S. Department of Defense Instruction No. 1332.14, Section 3, effective August 1, 2024.

[^ 19] See Enlisted Administration Separations, (PDF) U.S. Department of Defense Instruction No. 1332.14, Section 3, effective August 1, 2024.

[^ 20] See Enlisted Administration Separations, (PDF) U.S. Department of Defense Instruction No. 1332.14, Section 3, effective August 1, 2024.

[^ 21] See Alam v. USCIS, et al., 592 F. Supp. 3d 810 (D. Minn. March 21, 2022) (indicating that the DODI indicated that the uncharacterized discharged is “treated as the required characterization”).

[^ 22] See Enlisted Administration Separations, (PDF) U.S. Department of Defense Instruction No. 1332.14, Section 3, effective August 1, 2024.

[^ 23] See Department of Defense Memorandum Recission of August 24, 2021 and November 30, 2021 Coronavirus Disease 2019 Vaccination Requirements for Members of Armed Forces (PDF), issued January 10, 2023.

[^ 24] See Department of Defense News Release, Veterans Have Options to Upgrade Discharge Characterization, issued June 4, 2024.

[^ 25] See INA 329(a).

[^ 26] See Department of Defense News Release, Veterans Have Options to Upgrade Discharge Characterization, issued June 4, 2024.

[^ 27] See INA 329.

[^ 28] See 8 CFR 329.1. See 10 U.S.C. 10143 for more information on the Selected Reserve of the Ready Reserve.

[^ 29] The National Guard and Reserve service requirements under INA 329 differ from those under INA 328. See Chapter 2, One Year of Military Service during Peacetime (INA 328), Section D, National Guard Service [12 USCIS-PM I.2(D)].

[^ 30] See Chapter 5, Application and Filing for Service Members (INA 328 and 329) [12 USCIS-PM I.5] for additional information about Form N-426.

[^ 31] See 8 CFR 329.1 and 8 CFR 329.2.

[^ 32] See 8 CFR 329.1 and 8 CFR 329.2. Declared by Joint Resolution of Congress of April 6, 1917 (40 Stat. 429, Ch. 1) and Joint Resolution of Congress, December 7, 1917 (40 Stat. 429, Ch. 1). Armistice signed, November 11, 1918.

[^ 33] See 8 CFR 329.2. See Proclamation No. 2714, Cessation of Hostilities of World War II, 61 Stat. 1048 (December 31, 1946).

[^ 34] See 8 CFR 329.2.

[^ 35] See 8 CFR 329.2. See Exec. Order No. 12081, Termination of Expeditious Naturalization Based on Military Service, 43 FR 42237 (September 18, 1978).

[^ 36] See 8 CFR 329.2. See Exec. Order No. 12939, Expedited Naturalization of Aliens and Noncitizen Nationals Who Served in an Active-Duty Status During the Persian Gulf Conflict, 59 FR 61231 (November 22, 1994).

[^ 37] See 8 CFR 329.2. See Exec. Order No. 13269, Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism, 67 FR 45287 (July 3, 2002).

[^ 38] See 8 CFR 329.2. See Exec. Order No. 13269, Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism, 67 FR 45287 (July 3, 2002).

[^ 39] See INA 329.

[^ 40] See INA 329.

[^ 41] See 10 U.S.C. 504(b).

[^ 42] MAVNI enlistees should speak with their commanding officers for additional information regarding the circumstances under which the military departments will sign and certify the Form N-426.

[^ 43] Entered into under Calixto, et al., v. U.S. Dep’t of the Army, et al., 1:18-cv-01551 (D.D.C. Sept. 22, 2022). 

[^ 44] See Calixto, et al., v. U.S. Dep’t of the Army, et al., 1:18-cv-01551 (D.D.C. Sept. 22, 2022). 

[^ 45] The August 1, 2024, changes to the Department of Defense Instruction (DODI) struck prior language that an entry-level separation of a service member will be treated as “the required characterization” for “administrative matters.” This change prompted a change in USCIS policy, only allowing for a separation discharge of “honorable” or “General-Under Honorable Conditions,” to meet the threshold for “under honorable conditions.” These changes do not affect Calixto class members who receive an uncharacterized discharge and meet all other requirements.

[^ 46] The settlement agreement may be used as a substitute for identifying the applicant’s type of service and periods of service.

[^ 47] For applicants filing online, annotate "Calixto" only on top of Form N-426.

[^ 48] See INA 212(e).

[^ 49] The J exchange visitor is not required to obtain a waiver of the INA 212(e) foreign residence requirement. See INA 329.

[^ 50] A J-1 exchange visitor’s dependent spouse or child is issued a J-2 nonimmigrant visa.

[^ 51] See Application to Register Permanent Residence or Adjust Status (Form I-485).

[^ 52] USCIS does not have statutory authority to conduct naturalization interviews and oath ceremonies overseas for those former alien service members who reside outside of the United States. See INA 104(a), which grants U.S. Department of State (DOS) authority to determine the nationality of a person who is outside the United States. See 8 U.S.C. 1443a, which authorizes USCIS to conduct naturalization interviews and oath ceremonies for current members of the U.S. armed forces outside of the United States, but does not extend to former alien service members.

[^ 53] See INA 235(a)(3). An alien may qualify for parole under INA 212(d)(5).

[^ 54] Both the Form N-400 and Form I-131 are fee exempt for current and former service members. In some cases, such as where an alien has been deported or removed from the United States, U.S. Immigration and Customs Enforcement (ICE) has jurisdiction over the request for an advance parole document. In those cases, USCIS will send Form I-131 to ICE for adjudication.

[^ 55] See Chapter 5, Application and Filing for Service Members (INA 328 and 329), Section A, Required Forms [12 USCIS-PM 5.A].

[^ 56] See Application for Travel Documents, Parole Documents, and Arrival/Departure Records (Form I-131) and Affidavit of Support (Form I-134). In addition, see the Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States webpage.

[^ 57] See Application for Travel Documents, Parole Documents, and Arrival/Departure Records (Form I-131) and Affidavit of Support (Form I-134). In addition, see the Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States webpage.

[^ 58] See 8 CFR 335.6.

[^ 59] See INA 329. USCIS should not apply the 3- or 5-year residency requirement if the alien served during a designated period of hostilities.