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NATURALIZATION (N-400)

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

A period of continuous residence and physical presence in the United States;

Residence in a particular USCIS District prior to filing;

An ability to read, write, and speak English;

A knowledge and understanding of U.S. history and government;

Good moral character;

Attachment to the principles of the U.S. Constitution; and,

Favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens. Applicants should carefully read the N-400 application instructions and "A Guide to Naturalization" before applying.

Please check the USCIS.gov website for information about naturalization and where to file your application.

MILITARY NATURALIZATION (MILITARY N-400)

USCIS offices overseas are only authorized to process applications for naturalization for active duty military members. Please see below for information about filing your application, for required forms, and for the Overseas Military Naturalization Request Form. Contact your military legal office if you need more information about filing for Naturalization. Military members may also contact our office by email at dhsvienna.mailbox@dhs.gov.

INFORMATION ABOUT NATURALIZATION FOR MILITARY MEMBERS

"Naturalization Information for Military Personnel" brochure

NATURALIZATION FORMS FOR MILITARY MEMBERS

Form N-400, Application for Naturalization

Form G-325B, Biographic Information

Form N-426, Request for Certification of Military or Naval Service

Authorization Form for USCIS Usage of Military Fingerprints (LINK ODER NICHT???)

REQUEST FOR OVERSEAS NATURALIZATION

Overseas Military Naturalization Request Form (LINK??(

NATURALIZATION OF SPOUSES OF ACTIVE DUTY MILITARY MEMBERS CURRENTLY STATIONED ABROAD

A new law, (H.R. 4986/Public Law 110-181) became effective in January 2008, which amends Section 319 of the Immigration and Nationality Act (8 U.S.C. 1430). The new law allows for eligible applicants to now naturalize overseas, with no need for stateside travel for any part of the naturalization process.

WHO IS QUALIFIED TO APPLY UNDER THIS NEW SECTION OF LAW?

The new section of law, INA 319(e) applies only to lawful permanent resident spouses of members of the Armed Forces, provided the spouse is residing abroad on official U.S. Military orders.

Depending on your circumstances, you must meet the requirements of either section INA 316(a) or 319(a) of the Act.

1. You have been a lawful legal permanent resident for three years (under INA section 319(a)) as the spouse of a U.S. citizen and you are still married to that U.S. citizen spouse, or,

2. You have been a lawful permanent resident of the United States five years (under INA section 316(a)). Generally, to be eligible for naturalization, an applicant must establish continuous residence and physical presence in the United States. However, if you qualify under A or B above, the new law allows the time you have spent abroad on official U.S. military orders to count towards establishing both continuous residency and physical presence.

You must be authorized to accompany the military member abroad on official orders, and be accompanying or residing abroad with the military member as provided in those orders.

If you are applying as the spouse of the U.S. citizen military member, you must have been living in marital union with the U.S. citizen for the three years preceding the date of filing the naturalization application (under INA 319(a)). Note that involuntary separation from your U.S. citizen spouse due to circumstances beyond your control, such as reasons relating to military deployments, will not prevent you from naturalization.

FILING INSTRUCTIONS FOR SPOUSES OF MILITARY MEMBERS CURRENTLY STATIONED ABROAD

Please click on the following link for information on how to file for overseas naturalization as the spouse of an active military member:

Filing Instructions for Spouses of Military Members(LINK??)

REQUEST FOR OVERSEAS PROCESSING FOR SPOUSES OF ACTIVE DUTY MEMBERS OF THE U.S. ARMED FORCES, CURRENTLY STATIONED ABROAD

Overseas military spouses naturalization request form LINK??)

EXPEDITED NATURALIZATION 319(b)

An applicant for expedited naturalization under Section 319(b) must be the spouse of a US citizen who is regularly stationed abroad in the employment of:

The government of the US (includes military).

An American institution of research recognized as such by the Attorney General.

An American firm or corporation engaged in whole or in part in the development of foreign trade or commerce, or a subsidiary thereof.

A public international organization in which the US participates.

Minister or priest of a religious denomination having a bona fide organization in the US.

Missionary.

Persons eligible for expeditious naturalization must file their applications in the US from their overseas location.

For more information, please refer to the USCIS handbook, "A Guide to Naturalization".

Please use the attached N-400 Expedite Request and Authorization Worksheet and also the Department of Defense Certificate of Overseas Assignment to Support Application to file Petition for Naturalization

OTHER ELEGIBILITY CRITERIA

For others interested in naturalizing see the USCIS website on Naturalization for eligibility criteria and proper filing procedures or make an InfoPass appointment with an Immigration Information Officer.

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