PART 94—NATURALIZATION OF ALIENS SERVING IN THE ARMED FORCES OF THE UNITED STATES AND OF ALIEN SPOUSES AND/OR ALIEN ADOPTED CHILDREN OF MILITARY AND CIVILIAN PERSONNEL ORDERED OVERSEAS Authority: Sec. 301, 80 Stat. 379; 5 U.S.C. 301. Source: 35 FR 17540, Nov. 14, 1970, unless otherwise noted. § 94.1 Purpose. This part prescribes uniform procedures acceptable to the Immigration and Naturalization Service of the Department of Justice, to (a) facilitate the naturalization of aliens who have served honorably in the Armed Forces of the United States and to (b) militarily certify alien dependents seeking naturalization under the provisions of Immigration and Nationality Act of 1952, as amended, sections 319(b) and 323(c) (8 U.S.C. 1430(b) and 1434(c)); and furnishes policy guidance to the Secretaries of the Military Departments governing discharge or release from active duty in the Armed Forces of the United States of permanent-residence aliens who desire to be naturalized as U.S. citizens under the provisions of Act of June 27, 1952, section 328 (66 Stat. 249); 8 U.S.C. 1439. § 94.2 Applicability. The provisions of this part apply to the Military Departments. § 94.3 Definitions. (a) Permanent-residence alien (b) Armed Forces of the United States § 94.4 Policy and procedures. (a) Naturalization of an alien who has served honorably in the Armed Forces of the United States at any time. (i) Has been lawfully admitted to the United States for permanent residence; (ii) Was separated from the military service under honorable conditions; (iii) Files a petition while still in the military service, or within six (6) months after the termination of such service; and (iv) Can comply in all other respects with the Immigration and Nationality Act of 1952, except that ( a b (2) The prescribed 3-year period may be satisfied by a combination of active duty and inactive duty in a reserve status. (3) An alien member desiring to fulfill naturalization requirements through military service shall not be separated prior to completion of three (3) full years of active duty unless: (i) His performance or conduct does not justify retention, in which case he shall be separated in accordance with the provisions of part 41 of this subchapter and chapter 47, title 10, United States Code (Uniform Code of Military Justice), as appropriate; or (ii) He is to be transferred to inactive duty in a reserve component in order to: ( a ( b 1 1 (4) Caution shall be exercised to ensure that an alien's affiliation with the Armed Forces of the United States, whether on active duty or on inactive duty in a reserve status, is not terminated even for a few days short of the 3-year statutory period, since failure to comply with the exact 3-year requirement of Act of June 27, 1952, section 328 (66 Stat. 249); 8 U.S.C. 1439 will automatically preclude a favorable determination by the Immigration and Naturalization Service on any petition for naturalization based on an alien's military service. (5) During a period of hostilities, as designated by the President of the United States, the expeditious naturalization provisions outlined in paragraph (b) of this section, will take precedence over the foregoing. (b) Naturalization of an alien who has served in the Armed Forces of the United States during a period of hostilities as designated by the President of the United States. (i) The induction, enlistment, or reenlistment in the United States or its stated possessions must actually be in these land areas, in ports, harbors, bays, enclosed sea areas along their routes, or within a marginal belt of the sea extending from the coastline outward three (3) geographical miles. (ii) Enlistment or reenlistment aboard a ship on the high seas or in foreign waters does not meet the requirements of Immigration and Nationality Act of 1952, as amended, section 329 (8 U.S.C. 1440). In such instances, the provisions of paragraph (a) of this section may apply. (2) Each Military Department will establish procedures containing the provisions outlined in paragraphs (b)(2) (i) and (ii) of this section. In addition, each qualifying alien shall be advised of the liberalized naturalization provisions of the Immigration and Nationality Act of 1952, as amended, section 329 (8 U.S.C. 1440), i.e., that the usual naturalization requirements concerning age, residence, physical presence, court jurisdiction and waiting periods are not applicable, and will be given appropriate assistance in processing his naturalization application in consonance with procedures contained in “Naturalization Requirements and General Information,” published by the U.S. Department of Justice (Form N-17). (i) Military basic training and orientation programs will include advice and assistance to interested aliens in completing and submitting the application and other forms required to initiate naturalization proceedings. (ii) In addition, applicants should be advised that: ( a ( b ( c ( 1 ( 2 ( 3 ( d ( 1 ( 2 (c) Naturalization of alien spouses and/or alien adopted children of military and civilian personnel ordered overseas. (1) DD Form 1278, “Certificate of Overseas Assignment to Support Application to File Petition for Naturalization,” 2 2 (i) When dependents are authorized automatic concurrent travel, DD Form 1278 will be issued not earlier than 90 days prior to the dependents' schedule date of travel. (ii) When advance application for concurrent travel is required, DD Form 1278 will be issued after approval is received and not earlier than 90 days prior to the dependents' scheduled date of departure. (iii) When concurrent travel is not authorized, DD Form 1278 will be issued after authorization for dependents' movement is received and not earlier than 90 days prior to the dependents' scheduled date of travel. (2) Upon receipt of DD Form 1278, the alien will file this form, together with the application for petition for naturalization, Immigration and Naturalization Form N-400 (adult) or N-402 (child) as appropriate, if not previously filed, with the nearest office of the Immigration and Naturalization Service. The application must be accompanied by: (i) Three identical photographs. (ii) Form FD-358, Applicant Fingerprint Card, and (iii) Form G-325, Biographic Information. (3) Further processing of the application for citizenship is as prescribed by the Immigration and Naturalization Service. (4) Upon completion of the naturalization process, immediate application for passport should be made, in order that it can be issued prior to scheduled departure of the dependent for overseas. § 94.5 Forms required. The following forms required for naturalization purposes may be obtained from any office of the Immigration and Naturalization Service: (a) N-400 Application to File a Petition for Naturalization (Adult) (Submit original form only). (b) N-402 Application to File a Petition for Naturalization (Child) (Submit original form only). (c) G-325 Biographic Information (Submit original and duplicate of multileaf form). (d) G-325B Biographic Information (Submit original form only). (e) FD-258 Applicant Fingerprint Card (Submit one completed card). (f) N-426 Certificate of Military or Naval Service (Submit in triplicate). (Should be handled on a priority basis so as to avoid prejudicing the early completion of the naturalization process, particularly for an alien who may receive an overseas assignment.) (g) “Naturalization Requirements and General Information,” published by the U.S. Department of Justice (Form N-17) describes the naturalization requirements and lists Immigration and Naturalization offices which process applications.