By Roland G. Ottley, Esq.

Did you know you can start the citizenship process after just one day of honorable military service? Under INA §§ 328–329, the residency clock stops, and with a certified Form N-426 from the right commander, you could be on the path to a U.S. passport in weeks, not years.

For immigrants who have long dreamed of American citizenship, the path has often seemed like a labyrinth of waiting periods, residency requirements, and bureaucratic hurdles. Yet, hidden within the pages of immigration law lies a powerful provision that transforms this journey entirely for those who serve in the United States Armed Forces. In 2026, understanding this accelerated pathway is not merely advantageous, it is essential.

The Period of Hostility: A Legal Gateway

Since September 11, 2001, the United States has operated under a designated "Period of Hostility." This wartime status, which remains in effect until terminated by Presidential Executive Order, activates a remarkable set of naturalization provisions under the Immigration and Nationality Act (INA) § 329.

Under these provisions, the traditional three-to-five-year residency requirement that civilian applicants must endure is completely waived for qualifying service members. The implications are profound: where civilian naturalization demands years of patient waiting, military naturalization during wartime demands only honorable service, even if that service spans a single day.

The "One Day" Rule: Understanding the Game-Changer

The statutory foundation of this expedited pathway rests upon INA §§ 328 and 329 (8 U.S.C. § 1440). When a foreign-born service member has served at least one day honorably during a designated period of hostility, they become eligible to file Form N-400 for naturalization. The residency requirement that normally runs three to five years dissolves entirely.

This eligibility extends to active-duty service members, reservists, and National Guard personnel, provided their service meets the conflict-zone criteria established by law. The practical impact cannot be overstated: clients can initiate the naturalization process immediately after enlistment, transforming a multi-year odyssey into a matter of weeks.

The Barrier: Why Most Applicants Still Need a Green Card

Here lies the critical distinction that separates legal theory from practical reality.

The Law Permits: Immigration law, under INA § 329, does not require an applicant to be a Lawful Permanent Resident (LPR) to naturalize through military service, provided they enlisted while physically present in the United States or qualifying territories.

The Policy Restricts: Current Department of Defense policy generally requires applicants to possess a Green Card (LPR status) before enlisting in the first place. The Military Accessions Vital to the National Interest (MAVNI) program, which previously permitted certain non-LPRs to enlist, remains suspended in 2026.

The Exception: Nationals of the Federated States of Micronesia, Palau, and the Republic of the Marshall Islands may enlist without a Green Card under existing agreements.

The Conclusion: For the vast majority of aspiring service members, obtaining Lawful Permanent Resident status must precede military enlistment. Once enlisted, however, the wartime provisions dramatically accelerate the citizenship timeline.

Wartime Versus Peacetime: A Critical Comparison

Understanding the distinction between wartime and peacetime naturalization provisions illuminates why the current Period of Hostility designation matters so profoundly.

Feature	Wartime (Current Status – INA § 329)	Peacetime (INA § 328)
Service Requirement	1 day of honorable service	1 year of honorable service
When to Apply	Immediately after obtaining Form N-426 certification	After completing 1 year of service
Residency Rules	Physical presence and residency requirements waived	Standard residency applies (unless filed while in service)
Processing Time	Approximately 3–6 months	Approximately 3–6 months

Note: Military applications receive expedited processing, though actual timelines depend upon local field office capacity and background check clearances.

The N-426 Form: The Cornerstone of Military Naturalization

Form N-426, the Request for Certification of Military or Naval Service, stands as the indispensable document linking military service to naturalization eligibility. This form certifies that the service member's military service was honorable, a prerequisite that USCIS demands to accompany every N-400 filed under military provisions.

Who Possesses Certification Authority?

Not every officer can sign Form N-426. Only commanders or senior officials holding specific rank thresholds possess the legal authority to certify this crucial document. Recruiters, junior officers, and lower-ranking personnel cannot execute this certification.

Branch-Specific Certification Requirements

The certifying authority and typical processing timelines vary by military branch:

Branch	Certifying Authority	Typical Sign-Off Timeline
U.S. Army	Colonel (O-6), GS-15 civilian equivalent, or higher	5–10 business days
U.S. Marine Corps	Colonel (O-6) or General (O-7/O-8) in the Marine's chain of command	7–14 days
U.S. Navy	First O-6 or higher in the sailor's permanent or temporary chain of command (no sub-delegation permitted)	5–10 days
U.S. Air Force	Colonel (O-6) or higher	5–10 days
U.S. Coast Guard	CG-PSC-RPM or CG-PSC-EPM Division Chief (O-6)	5–7 days

All branches require the certifier to provide their full name, rank, title, and branch of service in Part 8 of the form. The signature must be original, and the form must bear a current date at the time of certification.

The Path Forward: A Step-by-Step Checklist

For immigrants seeking to leverage this expedited pathway, the following checklist provides a structured roadmap:

Step 1: Confirm LPR Status
Verify that you possess valid Lawful Permanent Resident status before proceeding with enlistment.

Step 2: Enlist in the Armed Forces
Join the Active Duty military, Selected Reserve, or National Guard through proper channels.

Step 3: Obtain Certified Form N-426
Submit a written request to the appropriate commanding officer (see branch-specific requirements above). Attach a copy of your DD-214 or equivalent documentation demonstrating honorable service.

Step 4: Complete and File Form N-400
Indicate "military service" as the basis for naturalization. Filing fees are waived for active-duty service members.

Step 5: Attend Interview and Oath Ceremony
Upon approval, USCIS will schedule your naturalization interview and oath ceremony, often conducted on base or at a nearby USCIS office.

Frequently Asked Questions

Can I apply for citizenship after just one day of service?
Yes, during the current Period of Hostility, LPRs who serve honorably for even a single day may file for naturalization under INA § 329.

Do I need a Green Card to enlist?
In most cases, yes. Current DoD policy requires LPR status for enlistment, with limited exceptions for certain Pacific Island nationals.

How long does the entire process take?
From N-426 certification to oath ceremony, the process typically spans three to six months, though this varies by location and individual circumstances.

Are there fees for military naturalization?
No. Filing fees are waived for active-duty service members applying under military provisions.

The Ottley Law Firm: Your Steadfast Advocate

Navigating the intersection of immigration law and military policy demands precision, expertise, and unwavering dedication. At TOLFPC (The Ottley Law Firm, PC), we specialize in Adjustment of Status and immigration litigation, providing compassionate representation to those who serve our nation.

If you or a loved one seeks to accelerate the path to citizenship through military service, the time to act is now. Get TOLF on your side!

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For additional insights on immigration matters, visit our News and Resources page or contact The Ottley Law Firm, PC directly.

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Roland G. Ottley, Esq.
The Ottley Law Firm, PC

CONFIDENTIALITY NOTICE: This blog post is intended for general informational purposes only and does not constitute legal advice. The transmission of information through this post does not create an attorney-client relationship. For specific legal guidance regarding your circumstances, please contact our office directly.