USCIS Tightens Military Naturalization Rules After August 2024

The U.S. Citizenship and Immigration Services (USCIS) has released new guidance that reshapes the path to military naturalization for foreign-born service members. The update follows sweeping changes in how discharges are categorized and evaluated under immigration law.

The new rule clarifies that “uncharacterized discharges” issued on or after August 1, 2024, no longer qualify as separations “under honorable conditions” for naturalization purposes under Sections 328 and 329 of the Immigration and Nationality Act (INA).

This decision marks a turning point for immigrant veterans hoping to secure citizenship through military service, and it underscores the importance of understanding how military separation categories affect eligibility.

Understanding Military Naturalization and Eligibility

Military naturalization gives foreign-born service members a faster way to become U.S. citizens. Unlike civilians, they do not need long residency periods. Their service counts toward eligibility, and USCIS offers a streamlined process.

Two main laws guide this process under the Immigration and Nationality Act (INA):

1. Section 328: Naturalization through peacetime service

   • Applies to lawful permanent residents.

   • Requires at least one year of honorable service in the U.S. Armed Forces.

   • The applicant must still meet moral character and English-language requirements.

2. Section 329: Naturalization during periods of hostilities

   • Applies to individuals who served honorably during designated wartime periods.

   • No minimum service requirement, but the service must be honorable.

   • Covers past conflicts and current national security operations.

Applicants must prove:

• Honorable service: Verified by discharge records.

• Good moral character: Determined by USCIS background checks.

• Lawful permanent residence: Green card status required at the time of filing.

Until August 2024, even an “uncharacterized” discharge often counted as “under honorable conditions.” That rule has now changed.

New Rules on Uncharacterized Discharges

The August 2024 USCIS policy update reshaped how uncharacterized discharges affect eligibility for military naturalization. The Department of War, reinstated by Executive Order 14347, issued new standards consistent with Department of Defense Instructions (DODI 1332.14).

The new guidance sets two timelines:

1. Before August 1, 2024:

   • An uncharacterized discharge may still count as “under honorable conditions.”

   • Service members discharged during this period remain eligible for naturalization.

2. On or after August 1, 2024:

   • An uncharacterized discharge no longer qualifies.

   • Service members separated after this date must hold an “honorable” or “general under honorable conditions” discharge.

This update affects thousands of service members separated at entry level or under administrative terms after the cutoff. For many, this means losing a direct path to U.S. citizenship.

Implications for Veterans Outside the United States

The policy update also impacts veterans living overseas. USCIS announced it will no longer conduct interviews or oath ceremonies at U.S. ports of entry.

This means immigrant veterans outside the country must:

1. Apply for a visa or parole to legally re-enter the United States.

2. Attend the naturalization interview at a USCIS office inside the U.S.

3. Complete the oath ceremony within the country.

This creates two main challenges for many veterans:

• Proof of honorable service: They must show records that confirm they served under honorable conditions.

• Lawful re-entry: They must secure a valid visa or parole authorization, which is not guaranteed.

Veterans separated due to administrative rules, such as COVID-19 vaccine mandates, face additional hurdles. They must first fix their discharge classification before starting the naturalization process.

The Role of Discharge Upgrades

For service members with less-than-honorable discharges, a discharge upgrade may restore eligibility for military naturalization.

The Department of War’s Discharge Review Boards handle these requests. A successful upgrade can change a service record from “other than honorable” to “general under honorable conditions.”

Applicants should prepare three key sets of documents:

1. Official discharge papers: DD-214 or equivalent certificates.

2. Service records: Awards, letters of recommendation, or performance evaluations proving meritorious service.

3. Supporting evidence: Proof of policy changes or errors that unfairly influenced their separation.

Without this evidence, USCIS will not accept the claim of honorable service. Applicants who succeed, however, can reopen the path to U.S. citizenship.

Key Executive Orders Driving Policy

Several executive orders issued in recent years form the legal backbone of the updated rules on military naturalization. Each order directly shapes how USCIS interprets service conditions and discharge categories.

1. EO 14148: Reverses harmful immigration-related executive orders
   This order rolled back policies that restricted or complicated the immigration process for foreign-born individuals. It restored balance by ensuring that military service could still serve as a meaningful path to citizenship.

2. EO 14161: Strengthens national security through tighter immigration controls
   This directive emphasized stricter background checks, better vetting of applicants, and closer coordination between USCIS and national security agencies. It reinforced the idea that only those with honorable service records should benefit from military naturalization.

3. EO 14184: Reinstates service members discharged under the COVID-19 vaccine mandate
   Many service members lost their military careers because they refused the COVID-19 vaccine. This order gave them a second chance by reinstating their service records and allowing them to pursue naturalization if their service met honorable standards.

4. EO 14347: Restores the Department of War
   This order changed administrative oversight by replacing the Department of Defense references with the Department of War. It also clarified how discharges should be classified and interpreted in naturalization cases.

Together, these executive orders show a twofold intent:

• To safeguard U.S. national security by maintaining strict honorable service standards.

• To restore fairness to service members who were unfairly discharged or caught in outdated policies.

Military Naturalization: Step-by-Step Path

For veterans and active-duty service members, the path to military naturalization follows a structured process. Each stage requires careful preparation and documentation.

1. Confirm Eligibility

   • Review your discharge type to ensure it is “honorable” or “general under honorable conditions.”

   • Check whether your service period qualifies under Section 328 (peacetime) or Section 329 (hostilities).

   • Verify your lawful permanent resident status before moving forward.

2. File Form N-400: Application for Naturalization

   • Use Form N-400.

   • Indicate that you are applying under military service provisions of the INA.

   • Pay attention to the specific eligibility questions related to service.

3. Gather Service Records

   • Submit DD-214 (Certificate of Release or Discharge from Active Duty) or NGB-22 (for National Guard members).

   • Include performance records, awards, or commendations if available.

   • These documents prove your honorable service and discharge status.

4. Prepare for Biometrics

   • Schedule your biometrics appointment after USCIS issues a notice.

   • Complete fingerprints, photographs, and background checks.

   • Biometrics ensure your records align with good moral character requirements.

5. Attend USCIS Interview

   • Answer questions about your service, military history, and personal background.

   • Complete the civics test and English test, unless exempt due to service.

   • Bring original copies of your military and immigration documents.

6. Take the Oath of Allegiance

   • This is the final step to becoming a U.S. citizen.

   • The oath ceremony typically takes place at a USCIS field office.

   • For service members on active duty, special arrangements may be made.

Special Rule for Veterans Abroad

For veterans living outside the United States, steps 3 to 6 require lawful entry into the country. This means:

• Securing a valid visa or parole document.

• Traveling to the U.S. for the biometrics appointment, interview, and oath ceremony.

Without lawful re-entry, USCIS will not process the application.

Practical Impacts of the Policy Shift

The update will affect immigrant soldiers who:

• Completed training but were separated early with an uncharacterized discharge.

• Served during periods of hostility but were discharged under entry-level rules.

• Seek to naturalize while living outside the U.S.

For these groups, the policy creates new hurdles. Without discharge upgrades, many will be ineligible, regardless of length of service.

Data Snapshot on Military Naturalization

Source: USCIS Policy Manual

These figures show steady demand but rising denial rates linked to discharge classifications.

Why Legal Support Matters

Military naturalization law is complex, especially with recent changes. Applicants face challenges like:

• Navigating discharge upgrades.

• Securing visas for interviews if abroad.

• Understanding shifting INA interpretations.

Working with an immigration attorney ensures proper documentation, timely filings, and appeal options if USCIS denies an application.

If you are a veteran seeking U.S. citizenship through military naturalization, do not navigate this path alone. Maple Crest Immigration Law specializes in guiding service members through complex discharge issues, overseas applications, and naturalization appeals.

Contact Maple Crest Immigration today to secure your future and honor your service with the citizenship you deserve.