Naturalización militar (INA 328/329/329A - ruta principal)

Section 328-adjacent cohorts as of 2026-06-01: (a) MAVNI enlistees (2009-2017 program, medical/linguistic specialists) whose naturalizations were delayed by DOD's vacated Minimum Service Requirements but whose §328/§329 pathways survived (Kirwa/Nio/Samma, VC-13); (b) Selected Reserve and National Guard members, whose qualifying service can satisfy the 1-year aggregate threshold (Kirwa confirmed reservists' entitlement to N-426 certification); (c) service members and their families abroad, who may naturalize overseas under 8 U.S.C. §1443a; and (d) members serving during the EO-13269-designated period (11 Sep 2001-present), who may have the more favorable WARTIME §329 track available (no minimum service, no residence, non-LPR enlistees eligible) — documented as US-NAT-05. Non-citizen U.S. nationals who serve are still subject to the LPR prerequisite of §328. Each cohort is resolved on its own service facts. As of 2026-06-01.

Section 328's defining benefit is the treatment of residence and physical presence. Where the N-400 is filed while in service or within 6 months of separation, the general INA §316 continuous-residence (5-year) and physical-presence (30-month) requirements are WAIVED entirely. Where the application is filed more than 6 months after separation, the §316 residence rules apply, BUT any period of honorable service is credited as both residence and physical presence under §328, so a service member's time in uniform (including time stationed abroad) counts toward the clock. The applicant must be an LPR at the time of examination — §328 does not waive the LPR prerequisite (this distinguishes it from wartime §329, which permits naturalization of non-LPRs who enlisted lawfully). State/district-residence requirements are likewise relaxed for in-service filers. As of 2026-06-01, per USCIS PM Vol. 12 Part I.

The applicant bears the preponderance burden (8 CFR §316.2(b); 8 CFR §328.2). The distinctive §328 evidence is Form N-426 (Request for Certification of Military or Naval Service), which the service branch executes to certify the dates and honorable character of service — this is the linchpin document; USCIS will not approve without DOD certification of honorable service (the holding crystallized in Kirwa v. DOD, 285 F. Supp. 3d 21 (D.D.C. 2017)). Additional evidence: proof of LPR status (Form I-551); the applicant's service records (e.g., DD Form 214 for separated members); and standard identity/GMC documentation. Because the residence/presence elements are waived for timely filers, the heavy travel-history evidentiary burden of general naturalization is reduced. Standards per USCIS PM Vol. 12 Part I as of 2026-06-01.

The §328 process as of 2026-06-01: (1) confirm 1 year aggregate honorable service and current LPR status; (2) obtain a completed Form N-426 certified by the service branch; (3) file Form N-400 (military basis) — fee-exempt — ideally while in service or within 6 months of separation to secure the residence/presence waivers; (4) attend biometrics (often facilitated for service members, including overseas); (5) attend the naturalization interview, with English/civics testing under §312; (6) receive a decision under 8 CFR §335.2; and (7) on grant, take the §337 oath and receive Form N-550. The military naturalization process can be conducted overseas under 8 U.S.C. §1443a (eff. 1 Oct 2004), allowing interviews, oaths, and ceremonies at U.S. embassies/consulates or on military installations abroad. USCIS maintains a dedicated military help line and designated points of contact. As of 2026-06-01.

Section 328 cases are designated for expedited handling relative to general naturalization, reflecting the policy priority on military naturalizations and the streamlined evidentiary profile (residence/presence waived). There is no fixed statutory adjudication deadline; the LIVE authority for current adjudication times is the USCIS processing-times tool at egov.uscis.gov/processing-times (filter Form N-400, applicable field office or the military processing channel), which must be checked at filing because published figures change frequently. The statutory decision framework is INA §336(b) = 8 U.S.C. §1447(b), which permits district-court intervention if USCIS fails to decide within 120 days of the examination. USCIS processes military N-400s through dedicated channels and can conduct interviews and ceremonies overseas under 8 U.S.C. §1443a, so military cases typically resolve faster than the civilian range. Historically, MAVNI-related delays (addressed in Nio v. DHS, 385 F. Supp. 3d 44 (D.D.C. 2019)) arose from DOD's now-vacated Minimum Service Requirements and security-screening backlogs rather than the §328 statute itself. All published timeframes are USCIS estimates, not guarantees; as of 2026-06-01, verify current figures at the USCIS tool.

Under the USCIS 2024 Final Fee Rule (89 FR 6194, eff. 1 Apr 2024), qualifying military applicants naturalizing under INA §328 (and §329) are FEE-EXEMPT — the N-400 filing fee is $0 and the biometrics cost is likewise not charged. This exemption applies to current and certain recently-separated service members; it does not extend automatically to military spouses naturalizing under INA §319 (who pay the standard $760/$710 unless otherwise exempt). The fee exemption reflects a longstanding policy of removing financial barriers to citizenship for those who serve. These figures are pinned to the Evidence Table and not generated from training data; the military-naturalization fee posture is current as of 2026-06-01 per the USCIS N-400 fee matrix (last reviewed 16 Mar 2026).

La disposición militar en tiempos de paz es INA §328 = 8 U.S.C. §1439 (66 Stat. 249) dentro de la INA de 1952 (Pub. L. 82-414, 66 Stat. 163), según enmendado mediante Pub. L. 119-21 (4 de julio de 2025). El período de servicio calificado se redujo de 3 años a 1 año mediante la Ley de Autorización de Defensa Nacional para el año fiscal 2004, Pub. L. 108-136 §1701(a) (24 de noviembre de 2003), hecha RETROACTIVA al 11 de septiembre de 2001. La sección 328 es la vía de TIEMPOS DE PAZ y es distinta de la vía de tiempo de guerra/hostilidades designadas de INA §329 = 8 U.S.C. §1440 (que no requiere servicio mínimo ni residencia alguna durante un período designado). Los números de sección de INA se corresponden con 8 U.S.C. por compensación fija (INA 328 = 8 USC 1439), doblemente citado y verificado por govinfo. Las regulaciones de implementación se encuentran en 8 CFR Parte 328; La guía operativa es el Manual de políticas de USCIS vol. 12 Parte I. A partir del 2026-06-01.

A denied §328 N-400 carries the standard naturalization review architecture: Form N-336 (Request for a Hearing) within 30 days under INA §336(a) = 8 U.S.C. §1447(a) and 8 CFR §336.2, then DE NOVO review in the U.S. district court under INA §310(c) = 8 U.S.C. §1421(c). A distinctive military-context wrinkle is that disputes often turn on DOD's certification (or refusal to certify) honorable service on the N-426 — a matter the D.D.C. addressed in the MAVNI trilogy (Kirwa 2017; Nio 2019; Samma 2020) under the Administrative Procedure Act, holding that DOD's Minimum Service Requirements were arbitrary/capricious and vacating them. Thus litigation may run against DOD (over N-426 certification) as well as USCIS (over the naturalization decision). Where USCIS delays past 120 days post-examination, §336(b) = 8 U.S.C. §1447(b) district-court relief is available. As of 2026-06-01.

A §328 military naturalization applicant takes the same Oath of Renunciation and Allegiance (INA §337 = 8 U.S.C. §1448), which the §328 statute does NOT waive. As with all naturalizations, the oath does not by itself cause loss of the applicant's prior nationality under the OTHER state's law, and the United States does not require proof of foreign renunciation; whether the birth nationality survives is a matter for that country's law and must not be inferred from U.S. practice. Military service for the United States is generally compatible with retaining a foreign nationality from the U.S. perspective, though service in a FOREIGN state's armed forces engaged in hostilities against the U.S. is itself a potential expatriating act under INA §349(a)(3) = 8 U.S.C. §1481(a)(3). Voluntary expatriation by a naturalized veteran is governed by the Afroyim/Vance intent standard. As of 2026-06-01.