Uncharacterized military discharges treated as honorable for military naturalization

Policy effect

USCIS updated policy guidance in Volume 12 of the Policy Manual establishing that an "Uncharacterized" military discharge satisfies the statutory requirement of separation "under honorable conditions" for military naturalization under INA §§ 328 and 329. This guidance is effective immediately on August 2, 2022, and applies to all currently pending applications as well as to applications filed on or after August 2, 2022. Applicants whose military naturalization applications were previously denied under the prior interpretation may submit another Application for Naturalization (Form N-400), with no filing fee for current or former members of the U.S. armed forces.

Conditions and exceptions

Validated condition or limit: USCIS updated policy guidance in Volume 12 of the Policy Manual establishing that an "Uncharacterized" military discharge satisfies the statutory requirement of separation "under honorable conditions" for military naturalization under INA §§ 328 and 329.; This guidance is effective immediately on August 2, 2022, and applies to all currently pending applications as well as to applications filed on or after August 2, 2022.; Applicants whose military naturalization applications were previously denied under the prior interpretation may submit another Application for Naturalization (Form N-400), with no filing fee for current or former members of the U.S.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

As a result, USCIS has determined that an “Uncharacterized” discharge also satisfies the statutory requirement of a separation “under honorable conditions.” … This guidance, contained in Volume 12 of the Policy Manual, is effective immediately and applies to all currently pending applications as well as to applications filed on or after August 2, 2022. … Applicants whose military naturalization applications were previously denied under the prior interpretation may submit another Application for Naturalization (Form N-400). There is no filing fee for Form N-400 for current or former members of the U.S. armed forces.

Review method

Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification

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• 2022-03-15EB-5 Reform and Integrity Act of 2022 (Statutory Regional Center Program Reauthorization)
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