PART 392—SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: PERSONS WHO DIE WHILE SERVING ON ACTIVE DUTY WITH THE UNITED STATES ARMED FORCES DURING CERTAIN PERIODS OF HOSTILITIES Authority: 8 U.S.C. 1103, 1440 and note, and 1440-1; 8 CFR part 2. Source: 56 FR 22822, May 17, 1991, unless otherwise noted. § 392.1 Definitions. As used in this part: Active-duty status Decedent Induction, enlistment, reenlistment, Korean Hostilities Lodge Act Next-of-kin (1) The surviving spouse; (2) The decedent's surviving son or daughter, if the decedent has no surviving spouse; (3) The decedent's surviving parent, if the decedent has no surviving spouse or sons or daughters; or, (4) The decedent's surviving brother or sister, if none of the persons described in paragraphs (1) through (3) of this definition survive the decedent. Other periods of military hostilities Representative (1) The duly appointed executor or administrator of the decedent's estate, including a special administrator appointed for the purpose of seeking the decedent's naturalization; or, (2) The duly appointed guardian, conservator, or committee of the decedent's next-of-kin; or, (3) A service organization listed in 38 U.S.C. 3402, or chartered by Congress, or State, or other service organization recognized by the Department of Veterans Affairs. Vietnam Hostilities World War I World War II § 392.2 Eligibility for posthumous citizenship. (a) General. (1) Served honorably in an active-duty status with the military, air, or naval forces of the United States during World War I, World War II, the Korean Hostilities, the Vietnam Hostilities, or in other periods of military hostilities designated by the President under Executive Order; and, (2) Died as a result of injury or disease incurred in or aggravated by service in the United States Armed Forces during a period of military hostilities listed in paragraph (a)(1) of this section. Where the person died subsequent to separation from military service, the death must have resulted from an injury or disease that was sustained, acquired, or exacerbated during active-duty service in a qualifying period of military hostilities as specified in this part. (b) Qualifying enlistment. (1) Enlisted, reenlisted, or been inducted in the United States, the Canal Zone, American Samoa, or Swains Island; (2) Been lawfully admitted to the United States for permanent residence, at any time; or, (3) Enlisted or reenlisted in the United States Army pursuant to the provisions of the Lodge Act. In such case, the decedent shall be considered to have been lawfully admitted to the United States as a permanent resident for purposes of this section, provided he or she: (i) Entered the United States, its outlying possessions, or the Canal Zone, at some time during the period of army service, pursuant to military orders; and (ii) Was honorably discharged following completion of at least 5 full years of active duty service, even though the active-duty service may not have occurred during a qualifying period of hostilities specified in section 329(a) of the Act. (c) Character of military service. (d) Certification of eligibility. (i) The decedent served honorably in an active-duty status; (ii) The separation from such service was under honorable conditions; and, (iii) The decedent died as a result of injury or disease incurred in, or aggravated by active duty service during a qualifying period of military hostilities. (2) The certification required by section 329A(c)(2) of the Act to prove military service and service-connected death must be requested by the applicant on the form designated by USCIS in accordance with the form instructions. The form will also be used to verify the decedent's place of induction, enlistment, or reenlistment. [56 FR 22822, May 17, 1991, as amended at 76 FR 53806, Aug. 29, 2011] § 392.3 Application for posthumous citizenship. (a) Persons who may apply. (2) When there is a surviving next-of-kin, an application for posthumous citizenship shall only be accepted from a representative provided authorization has been obtained from all surviving next-of-kin. However, this requirement shall not apply to the executor or administrator of the decedent's estate. In the case of a service organization acting as a representative, authorization must also have been obtained from any appointed representative. A veterans service organization must submit evidence of recognition by the Department of Veterans Affairs. Once USCIS has granted posthumous citizenship to a person, no subsequent applications on his or her behalf shall be approved, nor shall any additional original certificates be issued, except in the case of an application for issuance of a replacement certificate for one lost, mutilated, or destroyed. (b) Application. (c) Application period. (d) Denial of application. [56 FR 22822, May 17, 1991, as amended at 74 FR 26941, June 5, 2009; 76 FR 53806, Aug. 29, 2011] § 392.4 Issuance of a certificate of citizenship. (a) Approval of application. (b) Delivery of certificate. (c) Effective date of citizenship. (d) Ineligibility for immigration benefits. (e) Replacement certificate. [56 FR 22822, May 17, 1991, as amended at 76 FR 53806, Aug. 29, 2011; 85 FR 46929, Aug. 3, 2020]