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INA 328 and service in Air National Guard

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  • INA 328 and service in Air National Guard

    I have a question for military naturalization experts:

    I have been serving in the Air National Guard for 18 months now. But I have only 3 years of Permanent Residency (GC issued in March 2002.) Sec 328 of the INA states that:

    a) A person who has served honorably at any time in the Armed Forces of the United States for a period or periods aggregating 1/ one year, and who, if separated from such service, was never separated except under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person's application, in the United States for at least five years, and in the State or district of the Service in the United States in which the application for naturalization is filed for at least three months, and without having been physically present in the United States for any specified period, if such application is filed while the applicant is still in the service or within six months after the termination of such service.

    Am I correct in interpreting the law that I can be exempt from the 5 ys Perm. Residency requirement because I have 18months of service in the Air National Guard. My first impression was that this clause only apply to Active Duty personnel (I have only 6mnths of Federal Active Duty service during Basic Military Training and Air Force Speciality Job Training) but the INA defines service in the US Armed Forces as follows:

    "Generally, service in the U.S. Armed Forces means service in one of the following branches:

    Army,
    Navy,
    Marine Corps,
    Air Force,
    Coast Guard,
    Certain Reserve components of the National Guard, and
    Selected Reserve of the Ready Reserve "

    I checked my Proof of Service letter with the HQ Air Force Reserve Record Center and it states:
    "Member is serving as a member of the Selective Reserves."


    Is my reasoning correct in assuming that I can apply for naturalization under Sec. 328 of the INA without having to meet the 5years Permenanent Residency Requirement?

  • #2
    I have a question for military naturalization experts:

    I have been serving in the Air National Guard for 18 months now. But I have only 3 years of Permanent Residency (GC issued in March 2002.) Sec 328 of the INA states that:

    a) A person who has served honorably at any time in the Armed Forces of the United States for a period or periods aggregating 1/ one year, and who, if separated from such service, was never separated except under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person's application, in the United States for at least five years, and in the State or district of the Service in the United States in which the application for naturalization is filed for at least three months, and without having been physically present in the United States for any specified period, if such application is filed while the applicant is still in the service or within six months after the termination of such service.

    Am I correct in interpreting the law that I can be exempt from the 5 ys Perm. Residency requirement because I have 18months of service in the Air National Guard. My first impression was that this clause only apply to Active Duty personnel (I have only 6mnths of Federal Active Duty service during Basic Military Training and Air Force Speciality Job Training) but the INA defines service in the US Armed Forces as follows:

    "Generally, service in the U.S. Armed Forces means service in one of the following branches:

    Army,
    Navy,
    Marine Corps,
    Air Force,
    Coast Guard,
    Certain Reserve components of the National Guard, and
    Selected Reserve of the Ready Reserve "

    I checked my Proof of Service letter with the HQ Air Force Reserve Record Center and it states:
    "Member is serving as a member of the Selective Reserves."


    Is my reasoning correct in assuming that I can apply for naturalization under Sec. 328 of the INA without having to meet the 5years Permenanent Residency Requirement?

    Comment


    • #3
      My other question is are there any members of the National Guard (Army or Air) with no prior Active Duty status ever applied for naturalization under Sec 328? If there areImmigration Lawyers who has experience or understanding in this matter I would like to him/her to assist me in this.

      Thank you

      Comment


      • #4
        This story I found in an Army web site states that Spc. Mitchell, who is a traditional Reservist (not active duty) got her fast track Naturalization under Sec 328 without having to wait 5 years.

        http://www.defendamerica.mil/profile...pr111103c.html

        Does this confirm my assumption that Guard and Reservists who are not on Active Duty status can apply for fast track naturalization under Sec. 328?

        Comment

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