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Hispanic.com: INA Sections 328 & 329

Section 328, INA

Section 328 of the Immigration & Nationality Act applies to all those currently serving in the U.S. Armed Forces or those discharged from service.  The below are qualifying questions from USCIS.

  • Have you served honorably for a total of one or more years?
  • Are you a lawful permanent resident?
  • Will you be filing your application for naturalization while still in service or within six months of being discharged?


Section 329, INA

Section 329 applies to U.S. Armed Forces members who are serving currently or who have been active-duty during authorized conflict periods as outlined in the INA (WWI; September 1, 1939-December 31, 1946; June 25, 1950-July 1, 1955; and February 28, 1961-October 5, 1978, September 11) or any additional period as deemed by an Executive Order.*  The below are qualifying questions from USCIS.

* Check the USCIS website for regular updates on Executive Orders 

  • Have you served honorably in the U.S. Armed Forces during an authorized period of conflict?
  • After enlistment, were you lawfully admitted as a permanent resident of the United States, OR at the time of enlistment, reenlistment, or induction were you physically present in the United States or qualifying territory?
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