Naturalization Through Military Service – Notice of Continuance

By: Dayna Lally, Esq.[i]

Naturalization Through Military Service

Current military service members or veterans who served honorably in an active-duty status or in the Selected Reserve of the Ready Reserve during any of the following periods of armed conflict may apply for naturalization through military service:

• 1, 1939 – Dec. 31, 1946
• June 25, 1950 – July 1, 1955
• 28, 1961 – Oct. 15, 1978
• 2, 1990 – April 11, 1991
• 11, 2001 – present[i]

In order to qualify for naturalization through military service, an applicant must establish that he or she meets all of the following criteria: 

• The applicant may be of any age;
• The applicant must have served honorably in the U.S. armed forces during a designated period of hostility;
• The applicant must either be a lawful permanent resident (LPR) or have been physically present at the time of enlistment, reenlistment, or extension of service or induction into the U.S. armed forces:
  • In the United States or its outlying possessions, including the Canal Zone, American Samoa, or Swains Island, or
  • On board a public vessel owned or operated by the United States for noncommercial service;
• The applicant must be able to read, write, and speak basic English;
• The applicant must demonstrate knowledge of U.S. history and government;
• The applicant must demonstrate good moral character for at least 1 year prior to filing the application until the time of his or her naturalization; and
• The applicant must have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the United States during all relevant periods under the law.[ii]

What is a Notice of Continuance?

A Notice of Continuance is a written request from the USCIS for additional information or documentation.

The Notice of Continuance should include:

• The specific information or documentation that the officer is requesting;
• The ways in which the applicant may respond; and
• The period of time that the applicant has to reply.[iii]

Generally, the USCIS permits a period of thirty (30) days for the applicant to prepare and submit a response.[iv] If an applicant fails to respond within the specified timeframe, the USCIS could deny the naturalization application.

Notice of Continuance USCIS N400 Naturalization Application

Last month, Lally Immigration Services, LLC was retained to prepare a response to a Notice of Continuance issued on a N400 military naturalization application.

In the Notice of Continuance, the USCIS accused the naturalization applicant of marrying someone solely for an immigration benefit and thereby failing to establish the requisite good moral character (“GMC”).

The USCIS requested that this applicant provide copies of their enlistment contract from the U.S. Army, DD Form 4 (enlistment contract); their Enlisted Record Brief (“ERB”), and evidence that they enlisted their claimed spouse into DEERS (TRICARE).

Lally Immigration Services responded with the evidence requested as well as detailed explanation of how this applicant was eligible for naturalization through military service, as a person who is honorably serving our country in this designated period of armed conflict.

Further, Lally Immigration Services argued that Applicant’s good moral character most certainly ” … measures up to the standards of average citizens of the community in which the applicant resides” as well as the standards of average citizens across the nation, for whom Applicant has pledged their life to protect.

Military Immigration Lawyer

Military Immigration Lawyer, Dayna Lally, is happy to discuss strategy for responding to a notice of continuance on s military naturalization application. To discuss naturalization through military service, contact Lally Immigration Services, LLC at (617) 870-1000 or email our immigration attorney at [email protected]. Consultation fees apply.

Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.

[i] See INA 329

[ii] Id.

[iii] See: https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-4.

[iv] Id.

[i] Dayna Lally, Esq. is a military immigration lawyer in the greater Boston area and the owner of Lally Immigration Services, LLC.