USCIS has announced significant changes impacting non-citizen veterans seeking U.S. citizenship through military service. These updates clarify how “uncharacterized discharges” affect eligibility, as well as new procedures for military naturalization interviews and ceremonies.
Discharge Status and Eligibility
Starting August 1, 2024, USCIS no longer counts “uncharacterized discharges” as meeting the “under honorable conditions” requirement for citizenship under Sections 328 and 329 of the Immigration and Nationality Act. This means that if a service member receives an uncharacterized discharge after that date, they will not be eligible to naturalize under these provisions. However, if an uncharacterized discharge was issued before August 1, 2024, it will still satisfy the honorable conditions requirement.
This change aligns with revisions in military policy that now treat entry-level separations and uncharacterized discharges as separate from honorable or general discharges. USCIS states it adopted these updates to maintain the integrity of the military naturalization program and ensure clear standards for eligibility.
Changes to Interview Procedures
USCIS is also discontinuing its prior coordination with U.S. Customs and Border Protection for naturalization interviews and oath ceremonies at border entry points. Now, eligible veterans living abroad must obtain a visa or parole to enter the United States for these naturalization steps. Border-based interviews and ceremonies will no longer be offered, so planning to secure entry is essential.
Discharge Modification for COVID-19 and Other Reasons
Alien veterans who received less-than-honorable discharges—such as those related to noncompliance with COVID-19 vaccination mandates—may request a change in the characterization of their discharge from the Department of Defense. USCIS will base its determination of eligibility “under honorable conditions” solely on the official discharge documents submitted.
What This Means for Veterans and Applicants
- If discharged after August 1, 2024, with an uncharacterized discharge, you will need to seek a change in your discharge status before applying for naturalization.
- Veterans outside the U.S. must now obtain a visa or parole to attend naturalization interviews and oath ceremonies.
- Ensure all documents are up to date—especially discharge records—and be prepared to provide additional evidence if your discharge status needs to be reviewed or amended.
If you or a loved one is a service member or veteran impacted by these updates, The Law Office of Mariana Toledo-Hermina can advise on naturalization eligibility and guide you through the process under the new rules.