09/26/2025
USCIS Updates Guidance on Military Naturalization
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U.S. Citizenship and Immigration Services is issuing guidance to explain that uncharacterized discharges that occurred on or after Aug. 1, 2024, do not meet the requirement of a separation “under honorable conditions” for former alien service members to naturalize under Sections 328 and 329 of the Immigration and Nationality Act (INA).
USCIS also announced that it will no longer coordinate with U.S. Customs and Border Protection to perform naturalization interviews and oath ceremonies at ports of entry. Instead, alien veterans living outside the U.S. must seek visas or parole to enter the country for a naturalization interview.
USCIS is updating guidance on uncharacterized discharges consistent with changes to the Department of Defense Instructions (DODI) and in alignment with Sections 328 and 329 of the INA. On Aug. 1, 2024, the U.S. Department of War amended the DODI 1332.14 Enlisted Administrative Separations to remove a provision that previously treated “uncharacterized” discharges as “the required characterization” for “administrative matters.” It also addressed entry-level separations as a distinct and separate category of discharges apart from honorable and general (under honorable conditions) discharges.
Consistent with that update to DODI, an alien military service member seeking naturalization under sections 328 and 329 of the INA, and issued an uncharacterized discharge before Aug. 1, 2024, meets the separation “under honorable conditions” requirement for naturalization, while an alien military service member seeking naturalization under sections 328 and 329 of the INA, and issued an uncharacterized discharge on or after Aug. 1, 2024, does not meet the separation “under honorable conditions” requirement for naturalization purposes.
Aliens who separated or were discharged from the military under less than honorable conditions for reasons like failure to comply with COVID vaccination requirements may request a change in the “characterization of their discharge” from the Department of War. USCIS will rely on submitted official discharge documents for former service members to determine if they served honorably and were separated under honorable conditions.
The update also replaces all instances of Department of Defense with Department of War in accordance with Executive Order 14347, Restoring the United States Department of War (Sept. 5, 2025).
These updates to Volume 12, Part I, Chapter 2, 3 and 5 of the USCIS Policy Manual are consistent with Executive Order (EO) 14148, Initial Recission of Harmful Executive Orders and Actions; EO 14161, Protecting the United States from Terrorists and Other National Security and Public Safety Threats; and EO 14184, Reinstating Service Members Discharged Under the Military’s COVID-19 Vaccination Mandate. These changes are necessary to protect the meaning, value, and integrity of the USCIS military benefits naturalization program.
For more information, see the Policy Alert.
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Emma
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