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 process 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)

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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

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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. No assurance that proc- Armed Forces of the United States essing will be completed before the ap- may result in the loss of their native plicant’s departure for overseas will be country citizenship but this same serv- given by the Immigration and Natu- ice may make them eligible for U.S. ralization Service unless it has 60 days citizenship. to complete the matter. (b) Their eligibility for naturaliza- (1) An alien serviceman who is serv- tion, based upon the honorable service ing overseas and has submitted or sub- in an active duty status prescribed in mits the required naturalization appli- the Immigration and Nationality Act cation and forms to the Immigration of 1952, as amended, section 329 (8 and Naturalization Service may not be U.S.C. 1440) will be retained, even granted ordinary leave, or Rest and Re- though they apply for naturalization cuperation (R&R) leave (where author- after their return to the United States ized in overseas areas) for naturaliza- following the termination or completion purposes, unless a written notifi- tion of their overseas assignment, or cation from the Immigration and Natu- after their honorable discharge from ralization Service has been received by the Armed Forces of the United States. the serviceman informing him that the (c) If they are stationed at a base in processing of his application has been the continental United States, Alaska, completed, and requesting him to ap- Hawaii, Puerto Rico, Guam, or the Vir- pear with two U.S. citizen witnesses gin Islands, they should apply for citi- before a representative of the Immigra- zenship only if they expect to be sta- tion and Naturalization Service at a tioned at the base for at least 60 days designated location for the purpose of following application. Unless the Im- completing the naturalization. migration and Naturalization Service (2) If possible, an applicant granted has at least 60 days in which to com- leave for such purposes should advise plete the case, there is no assurance the Immigration and Naturalization that it can be completed before the ap- Service when he expects to arrive in plicant is transferred, since the proc- the leave area and, in any event, essing procedures outlined below take should contact the Immigration and time and are not entirely within the Naturalization Service office imme- control of the Immigration and Natu- diately upon arrival in the area. Every ralization Service. effort will be made to complete the (1) Every naturalization application naturalization within the leave period. must be processed when received by the (c) Naturalization of alien spouses and/ Immigration and Naturalization Serv- or alien adopted children of military and ice. Special arrangements have been civilian personnel ordered overseas. Alien made to expedite the processing of pe- spouses and/or alien adopted children titions of alien members of the Armed of military and civilian personnel of Forces. the Department of Defense who are au- (2) After processing, the alien appli- thorized to accompany or join their cant and two citizen witnesses must sponsors overseas and who wish to ob- personally appear for examination by tain U.S. citizenship prior to departure an officer of the Immigration and Nat- will be given maximum assistance by uralization Service in connection with commanders of military installations.

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(1) DD Form 1278, ‘‘Certificate of scheduled departure of the dependent Overseas Assignment to Support Appli- for overseas. cation to File Petition for Naturaliza- tion,’’ 2 will be issued to alien depend- § 94.5 Forms required. ents by military commanders at the The following forms required for nat- times indicated below in order that the uralization purposes may be obtained alien may file such certificate with the from any office of the Immigration and nearest Immigration and Naturaliza- Naturalization Service: tion Service Office to initiate natu- (a) N–400 Application to File a Peti- ralization proceedings. Only DD Form tion for Naturalization (Adult) (Submit 1278 will be accepted by the Immigra- original form only). tion and Naturalization Service. Mili- (b) N–402 Application to File a Peti- tary commanders will not issue memo- tion for Naturalization (Child) (Submit randa or letters of any kind in lieu original form only). thereof. (c) G–325 Biographic Information (i) When dependents are authorized (Submit original and duplicate of automatic concurrent travel, DD Form multileaf form). 1278 will be issued not earlier than 90 (d) G–325B Biographic Information days prior to the dependents’ schedule (Submit original form only). date of travel. (e) FD–258 Applicant Fingerprint (ii) When advance application for Card (Submit one completed card). concurrent travel is required, DD Form (f) N–426 Certificate of Military or 1278 will be issued after approval is re- Naval Service (Submit in triplicate). ceived and not earlier than 90 days (Should be handled on a priority basis prior to the dependents’ scheduled date so as to avoid prejudicing the early of departure. completion of the naturalization proc- (iii) When concurrent travel is not ess, particularly for an alien who may authorized, DD Form 1278 will be issued receive an overseas assignment.) after authorization for dependents’ (g) ‘‘Naturalization Requirements movement is received and not earlier and General Information,’’ published than 90 days prior to the dependents’ by the U.S. Department of Justice scheduled date of travel. (Form N–17) describes the naturaliza- (2) Upon receipt of DD Form 1278, the tion requirements and lists Immigra- alien will file this form, together with tion and Naturalization offices which the application for petition for natu- process applications. ralization, Immigration and Natu- ralization Form N–400 (adult) or N–402 PART 97—RELEASE OF OFFICIAL IN- (child) as appropriate, if not previously FORMATION IN LITIGATION AND filed, with the nearest office of the Im- TESTIMONY BY DoD PERSONNEL migration and Naturalization Service. AS WITNESSES The application must be accompanied by: Sec. (i) Three identical photographs. 97.1 Purpose. (ii) Form FD–358, Applicant Finger- 97.2 Applicability and scope. print Card, and 97.3 Definitions. (iii) Form G–325, Biographic Informa- 97.4 Policy. tion. 97.5 Responsibilities. 97.6 Procedures. (3) Further processing of the application for citizenship is as prescribed by AUTHORITY: 5 U.S.C. 301; 10 U.S.C. 133. the Immigration and Naturalization SOURCE: 50 FR 32056, Aug. 8, 1985, unless Service. otherwise noted. (4) Upon completion of the naturalization process, immediate applica- § 97.1 Purpose. tion for passport should be made, in This directive establishes policy, as- order that it can be issued prior to signs responsibilities, and prescribes procedures for the release of official 2 Filed as part of original. Copies may be DoD information in litigation and for obtained from Departments of the Army, testimony by DoD personnel as wit- Navy, and Air Force. nesses during litigation.

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