Posthumous Citizenship Possible for Armed Forces Members
Released on: October 20, 2008, 9:44 pm
Press Release Author: rifkinandfoxisicoff.com
Industry: Law
Press Release Summary: Certain sections of the Immigration and Naturalization Act allow for grants of posthumous citizenship for US Armed Forces personnel.
Press Release Body: Unfortunately in this day and age, posthumous citizenship for US Armed Forces personnel is a brutal reality. The Immigration and Naturalization Act has provisions to provide for this along with other laws that offer benefits to parents, children and surviving spouses.
A member of the Forces who has served honorably in war and died because of injuries sustained in the conflict or due to a disease may obtain posthumous citizenship. The request for citizenship must be made within two years of the member's death. Often the next of kin make this request. However, the Secretary of Defense or a designated person in United States Citizenship and Immigration Services may also make it.
The next of kin may also file for naturalization if their deceased family member meets all the other requirements for the process, other than residency and being physically present in the US. It is best to consult with a knowledgeable immigration lawyer to deal with situations like this.
The other area of immigration law that is often confusing for next of kin in this kind of situation is the "immediate relative" designation. If the US Armed Forces member was a US citizen at the time of his/her combat death (this includes posthumous citizenship) the next of kin may apply to be considered an immediate relative. This is a complex area of law and consulting with an immigration lawyer is often the best route to guarantee there are no mistakes made.
If you're in the Armed Services and overseas, it is not hard to apply for naturalization. All the necessary forms and interviews to start the process are available at every military installation in a naturalization application package. You're not charged a fee to file an application for naturalization.
The forms wind up in the Nebraska Service Center and are given expedited processing. Expect to fill out an application for naturalization, a request for certification of military service or naval service and a form for biographic information.
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