To be eligible for naturalization under section 329(a) of the Act, an applicant must establish that he or she:
(a) Has served honorably in the Armed Forces of the United States as a member of the Selected Reserve of the Ready Reserve or in an active duty status in the Armed Forces of the United States during:
(1) World War I;
(2) The period beginning on September 1, 1939 and ending on December 31, 1946;
(3) The period beginning on June 25, 1950 and ending on July 1, 1955;
(4) The period beginning on February 28, 1961 and ending on October 15, 1978; or
(5) Any other period as may be designated by the President in an Executive Order pursuant to section 329(a) of the Act;
(b) If separated, has been separated honorably from service in the Armed Forces of the United States under paragraph (a) of this section;
(c) Satisfies the permanent residence requirement in one of the following ways:
(1) Any time after enlistment or induction into the Armed Forces of the United States, the applicant was lawfully admitted to the United States as a permanent resident; or
(2) At the time of enlistment or induction, the applicant was physically present in the geographical territory of the United States, the Canal Zone, American Samoa, Midway Island (prior to August 21, 1959), or Swain's Island, or in the ports, harbors, bays, enclosed sea areas, or the three-mile territorial sea along the coasts of these land areas, whether or not the applicant has been lawfully admitted to the United States as a permanent resident;
(d) Has been, for at least one year prior to filing the application for naturalization, and continues to be, of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; and
(e) Has complied with all other requirements for naturalization as provided in part 316 of this chapter, except that:
(1) The applicant may be of any age;
(2) The applicant is not required to satisfy the residence requirements under § 316.2 (a)(3) through (a)(6) of this chapter; and
(3) The applicant may be naturalized even if an outstanding notice to appear pursuant to 8 CFR part 239 (including a charging document issued to commence proceedings under sections 236 or 242 of the Act prior to April 1, 1997) exists.
[56 FR 50493, Oct. 7, 1991, as amended at 58 FR 49913, Sept. 24, 1993; 62 FR 10395, Mar. 6, 1997; 75 FR 2787, Jan. 19, 2010]
Notes of Decisions
Nio v. United States Dep't of Homeland Sec., 270 F. Supp. 3d 49 (D.D.C. 2017).
· cites it 3× “” 8 C.F.R. § 329.2 . Until recently, USCIS processed MAV-NI naturalization applications in the same fashion as all other § 1440 applications, by following the generally-applicable require-merits for? naturalization, such as the FBI criminal background check, see 8 U.”
Kirwa v. U.S. Dep't of Def., 285 F. Supp. 3d 21 (D.C. Cir. 2017).
· cites it 4× “§ 1440 (a) ; see also 8 C.F.R. § 329.2 (a). Prior to 2003, § 1440 applied only to persons who had served in an "active-duty status," but it was amended in 2003 to insert "as a member of the Selected Reserve of the Ready Reserve or" after "has served honorably.”
Daniel O'Sullivan v. United States Citizenship & Immigr. Servs., 453 F.3d 809 (7th Cir. 2006).
· cites it 3× “Since he enlisted in March 1978, he qualifies as a veteran who served during a period of military hostilities under 8 C.F.R. § 329.2 (a)(4), which defines the Vietnam Conflict as extending to October 15, 1978.”
Hollis Boatswain v. Alberto Gonzales, 1 Attorney Gen. of the United States, 414 F.3d 413 (2d Cir. 2005).
· cites it 2× “2(d) provides that - [an applicant must establish that he or she] [h]as been, for at least one year prior to filing the application for naturalization, and continues to be, of good moral character, attached to the principles of the Constitution of the United States, and…”
Boatswain v. Ashcroft, 267 F. Supp. 2d 377 (E.D.N.Y 2003).
· cites it 3× “§ 1429 (permitting veterans to naturalize notwithstanding any final order of removal); 8 C.F.R. § 329.2 (e)(3) (permitting veterans to apply for naturalization during removal proceedings).”
Lawson v. United States Citizenship & Immigr. Servs., 795 F. Supp. 2d 283 (S.D.N.Y. 2011).
· cites it 3× “as a permanent resident after enlisting or by being physically present in the United States when enlisting]; (d) Has been, for at least' one year prior to filing the application for' naturalization, and continues to be, of good moral character, attached to the principles of the…”
Davis v. Sessions, 293 F. Supp. 3d 678 (S.D. Tex. 2018).
· cites it 3× “§ 1440 (a) ; 8 C.F.R. § 329.2 (b). Section 1440 requires the applicant to show that he "has been, for at least one year prior to filing the application for naturalization, and continues to be, of good moral character.”
Nio v. U.S. Dep't of Homeland Sec., 385 F. Supp. 3d 44 (D.C. Cir. 2019).
“8 C.F.R. § 329.2 (d). 6 USCIS makes this good moral character determination "on a case-by-case basis.”
Lopez v. Henley, 416 F.3d 455 (5th Cir. 2005).
“8 C.F.R. § 329.2 (e). Therefore, under the INS’s interpretation of § 329, a veteran of active military service must demonstrate his good moral character as a prerequisite for naturalization.”
— 8 C.F.R. § 329.2(a) — 1 case
— 8 C.F.R. § 329.2(d) — 1 case
— 8 C.F.R. § 329.2(e)(3) — 1 case
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