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Filed: Timeline
Posted (edited)

As many of you are probably aware, LPR's have been delayed due to DoD's new policy. See VJ thread here. I'm about to hit my 5 yr mark as a LPR in February. However, I am also due to report to Navy basic training in December. I am wondering what's the fastest way to process my citizenship?

 

Should I choose option A or D in form N400? If I choose option D, I am probably required to submit form N-426 (Request for Certification of Military or Naval Service). But as far as I know, this requires 1 year of military service. Does my time in DEP count as military service? Can I bring all documents to bootcamp to be safe?

 

Option A - Have been a lawful resident of the US for at least 5 years

Option D - Are applying on the basis of qualifying military service 

 

Here's my enlistment timeline:

Enlisted: June 2017

Background investigation opened: November 2017

Background investigation completed: August 2018

Adjudication completed: October 2018

 

n400.JPG.40dd6c86d91a3bc83782ed1676eb60dd.JPG

Edited by potatingpotato
Posted
23 minutes ago, potatingpotato said:

Should I choose option A or D in form N400? If I choose option D, I am probably required to submit form N-426 (Request for Certification of Military or Naval Service). But as far as I know, this requires 1 year of military service. The 1 year requirement applies only if you don't meet the LPR criteria.

 Does my time in DEP count as military service? No, only Active Duty time.  Can I bring all documents to bootcamp to be safe?  You can but it isn't guaranteed that they will just let you go and take care of it.  

 

Option A - Have been a lawful resident of the US for at least 5 years

Option D - Are applying on the basis of qualifying military service 

Not sure how long boot camp is but I would recommend waiting to submit under the 5 year LPR option once you get to your first assignment.

 

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Filed: Timeline
Posted
1 minute ago, Jo Së said:

Not sure how long boot camp is but I would recommend waiting to submit under the 5 year LPR option once you get to your first assignment.

 

Why is that? Looks like N400 processing times can go as long as 18 months. Doesn't the USCIS provide expedited processing for military members?

 

Regards

Filed: Timeline
Posted
30 minutes ago, potatingpotato said:

As many of you are probably aware, LPR's have been delayed due to DoD's new policy. See VJ thread here. I'm about to hit my 5 yr mark as a LPR in February. However, I am also due to report to Navy basic training in December. I am wondering what's the fastest way to process my citizenship?

 

Should I choose option A or D in form N400? If I choose option D, I am probably required to submit form N-426 (Request for Certification of Military or Naval Service). But as far as I know, this requires 1 year of military service. Does my time in DEP count as military service? Can I bring all documents to bootcamp to be safe?

 

Option A - Have been a lawful resident of the US for at least 5 years

Option D - Are applying on the basis of qualifying military service 

 

Here's my enlistment timeline:

Enlisted: June 2017

Background investigation opened: November 2017

Background investigation completed: August 2018

Adjudication completed: October 2018

 

n400.JPG.40dd6c86d91a3bc83782ed1676eb60dd.JPG

I would file under the military as it's free. You shouldn't have to wait one year of military service as this only applies during period of peace time which we are not.

If you served honorably in the U.S. armed forces for at least one year during a period of peacetime, you may be eligible to apply for naturalization. While some general naturalization requirements apply under INA 328, other requirements may not apply or are reduced. To establish eligibility under INA 328, you must:

  • Have served honorably, during a period of peacetime, in the U.S. armed forces for a period or periods totaling one year;
  • Have submitted a completed Form N-426, Request for Certification of Military or Naval Service (PDF, 313 KB), at the time of filing the N-400 to demonstrate honorable service; ;
  • Be a lawful permanent resident at the time of the examination on your application for naturalization;
  • Meet certain residence and physical presence requirements;
  • Demonstrate the ability to read, write and speak English;
  • Demonstrate knowledge of U.S. history and government;
  • Demonstrate good moral character for at least five years prior to filing the N-400 until the time of naturalization; and
  • Demonstrate an attachment to the principles of the U.S. Constitution.

Service During Periods of Hostility

INA 329 applies to all current military service members or veterans who served honorably in an active-duty status or in the Selected Reserve of the Ready Reserve during any of the designated periods of armed conflict listed below:

  • Sept. 1, 1939 – Dec. 31, 1946
  • June 25, 1950 – July 1, 1955
  • Feb. 28, 1961 – Oct. 15, 1978
  • Aug. 2, 1990 – April 11, 1991
  • Sept. 11, 2001 – present 

https://www.uscis.gov/military/naturalization-through-military-service

 

A. 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.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartI-Chapter3.html

 

Posted
1 hour ago, potatingpotato said:

As many of you are probably aware, LPR's have been delayed due to DoD's new policy. See VJ thread here. I'm about to hit my 5 yr mark as a LPR in February. However, I am also due to report to Navy basic training in December. I am wondering what's the fastest way to process my citizenship?

 

Should I choose option A or D in form N400? If I choose option D, I am probably required to submit form N-426 (Request for Certification of Military or Naval Service). But as far as I know, this requires 1 year of military service. Does my time in DEP count as military service? Can I bring all documents to bootcamp to be safe?

 

Option A - Have been a lawful resident of the US for at least 5 years

Option D - Are applying on the basis of qualifying military service 

 

Here's my enlistment timeline:

Enlisted: June 2017

Background investigation opened: November 2017

Background investigation completed: August 2018

Adjudication completed: October 2018

 

n400.JPG.40dd6c86d91a3bc83782ed1676eb60dd.JPG

As @Umka36 has said and I will reiterate is just file when you get to the Navy, it is free and it will make the petition go faster. So just wait and file when you get to basic in Great Lakes. 

Posted

Unfortunately, the above is no longer accurate. As per new regulations, you now have to serve at least 6 months (active duty) or one year (in the reserves) BEFORE you are able to apply for citizenship based on military service. Then it may take an additional 6-8 months for citizenship to be granted.

 

https://dod.defense.gov/News/Article/Article/1342430/dod-announces-policies-affecting-foreign-nationals-entering-military/

 

https://www.njimmigrationattorney.com/blog/2017/10/2017-rule-change-for-citizenship-through-military-service.shtml

 

So, depending on your USCIS local office, you may obtain citizenship faster if you decided to apply based on the 5 year rule, with the caveat that you would have to pay for the fees. You can check the processing times here:

 

https://egov.uscis.gov/processing-times/

Filed: Timeline
Posted
5 hours ago, elladan33 said:

Unfortunately, the above is no longer accurate. As per new regulations, you now have to serve at least 6 months (active duty) or one year (in the reserves) BEFORE you are able to apply for citizenship based on military service. Then it may take an additional 6-8 months for citizenship to be granted.

 

https://dod.defense.gov/News/Article/Article/1342430/dod-announces-policies-affecting-foreign-nationals-entering-military/

 

https://www.njimmigrationattorney.com/blog/2017/10/2017-rule-change-for-citizenship-through-military-service.shtml

 

So, depending on your USCIS local office, you may obtain citizenship faster if you decided to apply based on the 5 year rule, with the caveat that you would have to pay for the fees. You can check the processing times here:

 

https://egov.uscis.gov/processing-times/

 

Looks like the waiting time for N400 is anywhere from 12-18 months. Do you know if USCIS still expedites processing times for N400 for military? If so, filing as a military member can still be faster despite the 6 months of honorable service requirement.

Posted
15 hours ago, potatingpotato said:

 

Looks like the waiting time for N400 is anywhere from 12-18 months. Do you know if USCIS still expedites processing times for N400 for military? If so, filing as a military member can still be faster despite the 6 months of honorable service requirement.

Seems like the process would be more straightforward with the military, but from what an officer told me, it may still take up to 8 months after applying for the petition to be adjudicated.

I'm not sure if USCIS will expedite the process, but there's a good chance they will if you are getting deployed.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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