Military Naturalization

1. Special Naturalization for U.S. Military Families

The United States offers special provisions to accelerate the path to citizenship for members of the U.S. Armed Forces and their families. These laws recognize the sacrifices made by service members and provide streamlined naturalization opportunities compared to the general public.

2. For Service Members (Wartime & Peacetime Provisions)

Under the Immigration and Nationality Act (INA), current and former members of the U.S. military (Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, and certain National Guard units) may be eligible
to apply for citizenship sooner than the general public.

Naturalization Through Hostilities (INA § 329)

Since September 11, 2001, the U.S. has been in a designated period of hostilities. Under this section:

• Eligible service members may apply for citizenship immediately after serving honorably for any period of time (even one day); and
• There is no requirement for a specific period of residence or physical presence in the United States.

Naturalization Through One Year of Service (INA § 328)

Service members who have served honorably for at least one year during peacetime may also qualify for
naturalization under a separate provision. This route provides a faster path than the regular 5-year green card rule.

Key Benefits for Service Members

• No Filing Fees for Form N-400 (Application for Naturalization) for eligible service members; and
• Expedited Processing, as USCIS generally prioritizes military naturalization applications.

3. For Military Spouses (Expedited Naturalization)

Spouses of U.S. citizen service members also enjoy unique benefits, especially when the service member is
stationed abroad on official military orders.

The “Overseas” Exception (INA § 319(e))

Normally, a green card holder must live in the U.S. for 3 to 5 years before applying for citizenship. Under INA § 319(e), eligible military spouses may skip the usual residency and physical presence requirements
if they meet certain conditions.

Basic Eligibility for Military Spouses

• The spouse must be a Lawful Permanent Resident (green card holder);
• The service member must be a U.S. citizen with official military orders to serve abroad for a period of one year or more; and
• The spouse must be authorized to accompany the service member abroad under those orders.

Overseas Processing

Uniquely, eligible military spouses under INA § 319(e) can complete the entire naturalization process, including the interview and Oath of Allegiance—at select U.S. installations overseas. This allows families to stay together while completing the citizenship process.

4. How Ava Li Law Supports Military Families

At Ava Li Law, we are honored to assist service members and their families in navigating these streamlined naturalization options. We work closely with you to:

• Confirm eligibility under INA §§ 328, 329, and 319(e);
• Prepare and file fee-exempt N-400 applications for qualifying service members;
• Organize strong supporting evidence and coordinate with military installations; and
• Guide spouses through overseas naturalization when applicable.