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487 Part 94—Naturalization of Aliens Serving in the Armed

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487 Part 94—Naturalization of Aliens Serving in the Armed Office of the Secretary of Defense § 94.4 that have cognizance over official in- tarily certify alien dependents seeking formation requested in a litigation de- naturalization under the provisions of mand. Additionally, the DDPP will ad- Immigration and Nationality Act of vise the GC on the classified status of 1952, as amended, sections 319(b) and official information, and, when nec- 323(c) (8 U.S.C. 1430(b) and 1434(c)); and essary, assist in declassifying, redact- furnishes policy guidance to the Secre- ing, substituting, or summarizing offi- taries of the Military Departments cial information for use in litigation. governing discharge or release from ac- The DDPP may require the assistance tive duty in the Armed Forces of the of other Key Component Chiefs. United States of permanent-residence (c) Chiefs of Key Components and Field aliens who desire to be naturalized as Activities. Chiefs of Key Components U.S. citizens under the provisions of and Field Activities shall ensure that Act of June 27, 1952, section 328 (66 their personnel are informed of the Stat. 249); 8 U.S.C. 1439. contents of this part 93, particularly of the requirements to consult with the § 94.2 Applicability. OGC prior to responding to any litiga- The provisions of this part apply to tion demand, and to inform the OGC the Military Departments. whenever they receive service of proc- ess that is not clearly in their indi- § 94.3 Definitions. vidual capacities. Field Chiefs will no- (a) Permanent-residence alien is an tify the OGC of the persons they des- alien admitted into the United States ignate under § 93.5(b)(3). under an immigration visa for perma- (d) The Deputy Director for Administra- nent residence; or an alien, who, after tion (DDA). Within 60 days of the date admission without an immigrant visa, of this part, the DDA shall submit to has had his status adjusted to that of the GC for approval procedures for the an alien lawfully admitted for perma- attempted delivery of service of proc- nent residence. ess during duty hours when an attor- (b) Armed Forces of the United States ney of the OGC is not available. denotes collectively all components of the Army, Navy, Air Force, Marine PART 94—NATURALIZATION OF Corps, and Coast Guard. ALIENS SERVING IN THE ARMED FORCES OF THE UNITED STATES § 94.4 Policy and procedures. AND OF ALIEN SPOUSES AND/OR (a) Naturalization of an alien who has ALIEN ADOPTED CHILDREN OF served honorably in the Armed Forces of MILITARY AND CIVILIAN PER- the United States at any time. (1) Under SONNEL ORDERED OVERSEAS the provisions of Act of June 27, 1952, section 328 (66 Stat. 249); 8 U.S.C. 1439, Sec. an alien who has served in the Armed 94.1 Purpose. Forces of the United States for a pe- 94.2 Applicability. riod(s) totaling three (3) years may be 94.3 Definitions. naturalized if he: 94.4 Policy and procedures. (i) Has been lawfully admitted to the 94.5 Forms required. United States for permanent residence; AUTHORITY: Sec. 301, 80 Stat. 379; 5 U.S.C. (ii) Was separated from the military 301. service under honorable conditions; SOURCE: 35 FR 17540, Nov. 14, 1970, unless (iii) Files a petition while still in the otherwise noted. military service, or within six (6) months after the termination of such § 94.1 Purpose. service; and This part prescribes uniform proce- (iv) Can comply in all other respects dures acceptable to the Immigration with the Immigration and Nationality and Naturalization Service of the De- Act of 1952, except that (a) no period of partment of Justice, to (a) facilitate residence or specified period of phys- the naturalization of aliens who have ical presence in the United States or served honorably in the Armed Forces the State in which the petition for nat- of the United States and to (b) mili- uralization is filed is required, and (b) 487 VerDate Sep<11>2014 11:39 Aug 20, 2020 Jkt 250131 PO 00000 Frm 00497 Fmt 8010 Sfmt 8010 Q:\32\32V1.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 94.4 32 CFR Ch. I (7–1–20 Edition) residence within the jurisdiction of the ignated by the President of the United court is not required. States. (1) Under the provisions of Im- (2) The prescribed 3-year period may migration and Nationality Act of 1952, be satisfied by a combination of active as amended, section 329 (8 U.S.C. 1440), duty and inactive duty in a reserve sta- an alien who serves honorably on ac- tus. tive duty in the Armed Forces of the (3) An alien member desiring to ful- United States during the period begin- fill naturalization requirements ning February 28, 1961, and ending on a through military service shall not be date designated by the President, by separated prior to completion of three Executive order, as the date of termi- (3) full years of active duty unless: nation of the Vietnam hostilities, or (i) His performance or conduct does during any future period which Presi- not justify retention, in which case he dent, by Executive order, shall des- shall be separated in accordance with ignate as a period in which the Armed the provisions of part 41 of this sub- Forces of the United States are or were chapter and chapter 47, title 10, United engaged in military operations involv- States Code (Uniform Code of Military ing armed conflict with a hostile for- Justice), as appropriate; or eign force, and who is otherwise eligi- (ii) He is to be transferred to inactive ble, may be naturalized whether or not duty in a reserve component in order he has been lawfully admitted to the to: United States for permanent residence, (a) Complete a reserve obligation if the member was inducted, enlisted, under the provisions of part 50 of this or reenlisted in the United States (in- subchapter, or clusive of Puerto Rico, Guam, Virgin (b) Attend a recognized institution of Islands, Canal Zone, American Samoa, learning under the early release pro- or Swains Island). gram, as provided in DoD Instruction (i) The induction, enlistment, or re- 1332.15, ‘‘Early Release of Military En- enlistment in the United States or its listed Personnel for College or Voca- stated possessions must actually be in tional/Technical School Enrollment,’’ these land areas, in ports, harbors, 1 January 26, 1970. bays, enclosed sea areas along their (4) Caution shall be exercised to en- routes, or within a marginal belt of the sure that an alien’s affiliation with the sea extending from the coastline out- Armed Forces of the United States, ward three (3) geographical miles. whether on active duty or on inactive (ii) Enlistment or reenlistment duty in a reserve status, is not termi- aboard a ship on the high seas or in for- nated even for a few days short of the eign waters does not meet the require- 3-year statutory period, since failure to ments of Immigration and Nationality comply with the exact 3-year require- Act of 1952, as amended, section 329 (8 ment of Act of June 27, 1952, section 328 U.S.C. 1440). In such instances, the pro- (66 Stat. 249); 8 U.S.C. 1439 will auto- visions of paragraph (a) of this section matically preclude a favorable deter- may apply. mination by the Immigration and Nat- (2) Each Military Department will es- uralization Service on any petition for naturalization based on an alien’s mili- tablish procedures containing the pro- tary service. visions outlined in paragraphs (b)(2) (i) (5) During a period of hostilities, as and (ii) of this section. In addition, designated by the President of the each qualifying alien shall be advised United States, the expeditious natu- of the liberalized naturalization provi- ralization provisions outlined in para- sions of the Immigration and Nation- graph (b) of this section, will take prec- ality Act of 1952, as amended, section edence over the foregoing. 329 (8 U.S.C. 1440), i.e., that the usual (b) Naturalization of an alien who has naturalization requirements con- served in the Armed Forces of the United cerning age, residence, physical pres- States during a period of hostilities as des- ence, court jurisdiction and waiting pe- riods are not applicable, and will be 1 Filed as part of original. Copies available given appropriate assistance in proc- from the U.S. Naval Publications and Forms essing his naturalization application in Center, 5801 Tabor Avenue, Philadelphia, PA. consonance with procedures contained 19120, Attention: Code 300. in ‘‘Naturalization Requirements and 488 VerDate Sep<11>2014 11:39 Aug 20, 2020 Jkt 250131 PO 00000 Frm 00498 Fmt 8010 Sfmt 8010 Q:\32\32V1.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Office of the Secretary of Defense § 94.4 General Information,’’ published by the the filing of a petition for naturaliza- U.S. Department of Justice (Form N– tion in court. 17). (3) Finally, the applicant must ap- (i) Military basic training and ori- pear in person before the naturaliza- entation programs will include advice tion court on a date set by the court so and assistance to interested aliens in that he may be admitted to citizenship. completing and submitting the applica- (d) If the alien member is scheduled tion and other forms required to ini- for overseas assignment where natu- tiate naturalization proceedings. ralization courts are not available, he (ii) In addition, applicants should be should apply for naturalization on the advised that: earliest possible date but no later than (a) Under the laws of certain foreign 60 days before departure for overseas countries, military service in the assignment.
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