Expedited Naturalization for Certain Military Personnel
Posted Jul 12, 2002

President George W. Bush issued an Executive Order on July 3, 2002 that would allow certain non-citizens serving honorably in active duty status in the Armed Forces of the U.S. in the war against terrorism to be eligible for expedited naturalization. Expedited naturalizations are permitted under a section of the law that eliminates residence and physical presence requirements under certain conditions. In order to be eligible, a person must have served on active duty status on or since September 11, 2001 in the war against terrorism. The President will set the end date of eligibility, presumably when the hostilities end.

The authority for the President's Order is contained in existing law, namely section 329 of the Immigration and Nationality Act. Section 329 is applicable to active duty military personnel who are serving during times of "armed conflict with a hostile foreign force." This section specifically mentions the time periods corresponding to World War II, the Korean War, and the Vietnam War, and also indicates that the President can issue Executive Orders to designate other periods of conflict. In order to be eligible, the applicant must continue to be in the armed services or must have served during the required timeframe and received an honorable discharge.

The provision is applicable to non-citizens inducted into the Armed Forces in the U.S. or certain U.S. territories, whether or not they are permanent residents.