Wednesday, August 3, 2022

USCIS Updates Interpretation of “Under Honorable Conditions” for Military Naturalization

 U.S. Citizenship and Immigration Services is publishing an update to its Policy Manual

to clarify that a current or former service member who received an uncharacterized discharge may be eligible for naturalization under sections 328 and 329 of the Immigration and Naturalization Act (INA).

Previously, USCIS had interpreted the requirement for a separation “under honorable conditions” in INA 328 and INA 329 to require a separation characterized as either Honorable or General-Under Honorable Conditions. This policy guidance (PDF, 340.22 KB) changes the USCIS interpretation of “under honorable conditions” to encompass Uncharacterized discharges as well as Honorable and General-Under Honorable Conditions discharges. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-updates-interpretation-of-under-honorable-conditions-for-military-naturalization Contact Darren Heyman, immigration attorney, for more information.

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