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Military Naturalizations: Federal Agencies Assist with Naturalizations, but Additional Monitoring and Assessment Are Needed

GAO-22-105021 Published: Sep 14, 2022. Publicly Released: Sep 14, 2022.
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Fast Facts

Noncitizens have a long history of serving in the U.S. military. Over 100,000 noncitizens joined from FYs 2010-2021. U.S. law authorizes the expedited naturalization of current and former servicemembers.

Servicemember naturalization applications fell 78% from 2017 to 2018—from about 11,000 to 2,500. DOD and other officials attributed this temporary decline in part to DOD policy changes, such as longer service requirements.

The military services don't ensure timely certification of applicants' service and could provide more information to servicemembers on the military naturalization process. Our recommendations address these and other issues.

Military servicemembers take part in a naturalization ceremony.

military servicemembers standing outside in rows on a stairway with their right hands raised up

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Highlights

What GAO Found

Servicemember naturalization applications fell by 78 percent from approximately 11,000 in fiscal year 2017 to approximately 2,500 in 2018. These applications returned close to pre-fiscal year 2018 levels by fiscal year 2021. The percentage of these applications that U.S. Citizenship and Immigration Services (USCIS) approved also fell in fiscal years 2017 and 2018. According to USCIS and Department of Defense (DOD) officials, these temporary declines were due in part to DOD policy changes, such as longer service requirements to obtain military service certification.

To improve military naturalization efforts, DOD, the services, USCIS, and the Department of Veterans Affairs (VA) should:

Develop procedures to ensure timely processing of military service certifications. Four of the five services lack procedures to ensure the timely processing of servicemember requests for certification of honorable military service. DOD policy directs the services to process these requests—a key step in the naturalization process—within 30 days.

Establish a DOD policy to ensure the services inform noncitizen servicemembers about naturalization assistance. The services offer military naturalization assistance. The Navy, Air Force, and Coast Guard have processes to inform noncitizen servicemembers of such assistance. The Army also recently emailed noncitizen servicemembers about naturalization, but the Marine Corps has no such process.

Processes Services Use to Inform Noncitizen Servicemembers about Military Naturalization and Related Resources, as of April 2022

Processes Services Use to Inform Noncitizen Servicemembers about Military Naturalization and Related Resources, as of April 2022

aMarine Corps does not have a process to inform noncitizen servicemembers about military naturalization resources.

Develop plans to assess military naturalization assistance efforts. DOD, USCIS and VA have taken coordinated actions, but they have not assessed their military naturalization assistance efforts.

Addressing these issues would help ensure that servicemembers do not face unnecessary delays, and provide insights into whether noncitizen servicemembers, veterans, and their families receive appropriate information about the military naturalization process.

Why GAO Did This Study

Noncitizens have a long history of serving in the military. Over 100,000 noncitizens joined the military from fiscal years 2010 through 2021. The Immigration and Nationality Act authorizes the expedited naturalization of current and former servicemembers.

GAO was asked to review issues related to the military naturalization process. This report examines (1) servicemember naturalization application data from fiscal year 2010 through 2021; (2) the extent DOD, the services, and USCIS developed and implemented military naturalization policies and procedures; and (3) the extent DOD, the services, the VA, and USCIS assist with military naturalizations and assess these efforts.

GAO analyzed USCIS data on servicemember naturalization applications and processing times. GAO also reviewed DOD, service, and USCIS military naturalization policies and procedures. GAO interviewed DOD, service, VA, and USCIS officials to determine the extent they assist with and assess military naturalization efforts.

Recommendations

GAO is making 11 recommendations including that the services develop procedures to collect information on military service certification processing timeliness; DOD establish a policy to ensure the services inform noncitizen servicemembers about naturalization assistance; and DOD, VA, and USCIS develop plans to regularly assess their military naturalization assistance efforts. DOD, VA, and USCIS agreed with our recommendations.

Recommendations for Executive Action

Agency Affected Recommendation Status
United States Coast Guard The Commandant of the Coast Guard should develop a policy documenting the N-426 certification process. (Recommendation 1)
Open
In September 2022, we reported on military naturalizations. We found that the Coast Guard did not have a policy documenting the process for military service certification. Specifically, the Coast Guard had not issued a policy documenting the requirement for certifying officials to process N-426 forms-Request for Certification of Military or Naval Service-within the required 30 days. As a result, we recommended that the Commandant of the Coast Guard develop a policy to document the N-426 certification process. The Department of Homeland Security concurred with this recommendation. In March 2023, the Department of Homeland Security reported that the Coast Guard is in the process of reviewing an update to their Commandant Instruction Manual that will create a policy for documenting the N-426 certification process and expected to issue this policy in the summer of 2023. In October 2024, Coast Guard officials told us that the update to the Commandant Instruction Manual remained under review with estimated completion in the Spring of 2025. According to Coast Guard officials, they intend for the manual to include a requirement for processing N-426 forms within 30-days. We will continue to monitor the Coast Guard's efforts to address this recommendation.
Department of the Air Force The Secretary of the Air Force should develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. (Recommendation 2)
Closed – Implemented
In September 2022, we found that the Air Force did not have information to ensure that certifying officials process N-426 forms-Request for Certification of Military or Naval Service-within the required 30 days because they have not developed procedures for ensuring that certifying officials track and report this information. The N-426 form is required for noncitizen servicemembers to apply for naturalization. As a result, we recommended that the Secretary of the Air Force develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. The Air Force concurred with this recommendation. In April 2023, the Air Force updated their Total Force Personnel Services Delivery Guide to state that it is the responsibility of certifying officials to ensure that the N-426 be certified or denied within 30 days of receipt. In addition, the Air Force updated the Management Internal Control Toolset (MICT) checklist-a component of the commander-led Unit Self-Assessment Program-to include a step for ensuring that certifying officials process the N-426 forms with priority and return them to servicemembers within 30 days of submission. Unit commanders are responsible for ensuring compliance with items on the MICT checklist, including that N-426 forms are processed within 30 days. In addition, as part of the Inspection System of the Department of the Air Force, unit commanders will work with the Air Force Office of the Inspector General to conduct inspections of the MICT checklists as part of their ongoing 2 to 3 year Unit Effectiveness Inspection cycles. As a result of these procedures, the Air Force is better positioned to ensure that certifying officials process N-426 forms within 30 days of receipt.
Department of the Army The Secretary of the Army should develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. (Recommendation 3)
Closed – Implemented
In September 2022, we found that the Army did not have information to ensure that certifying officials process N-426 forms-Request for Certification of Military or Naval Service-within the required 30 days because they have not developed procedures for ensuring that certifying officials track and report this information. The N-426 form is required for noncitizen servicemembers to apply for naturalization. As a result, we recommended that the Secretary of the Army develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. The Army concurred with this recommendation. In November 2023, U.S. Army Training and Doctrine Command issued a written procedure for the Army Center for Initial Military Training to coordinate with all Training and Doctrine Command Centers of Excellence to manage, track, and report on the status of all applicants' N-426 forms. Specifically, Training and Doctrine Command Centers of Excellence-which house Army training schools-are responsible for providing a monthly report to the Center for Initial Military Training on the status of all N-426 applications including whether certifying officials took longer than 30 days to process the forms. This process will better position the Army to ensure that certifying officials process N-426 forms within 30 days of receipt.
Department of the Navy The Secretary of the Navy should ensure that the Commandant of the Marine Corps develops a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. (Recommendation 4)
Closed – Implemented
In September 2022, we reported on military naturalizations. We found that the Marine Corps did not have information to ensure that certifying officials process N-426 forms--Request for Certification of Military or Naval Service--within the required 30 days because they have not developed procedures for ensuring that certifying officials track and report this information. As a result, we recommended that the Secretary of the Navy ensure that the Commandant of the Marine Corps develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. The Navy concurred with this recommendation. In March 2024, the Marine Corps directed officials at its two recruit training locations--Marine Corps Recruit Depot (MCRD) Parris Island and MCRD San Diego--to begin certifying N-426 forms by April 2024. In March 2024, the recruiting depots at Parris Island and San Diego developed procedures to collect information on the timeliness of N-426 certifications. This process will better position the Marine Corps to ensure that certifying officials process N-426 forms within 30 days of receipt.
United States Coast Guard The Commandant of the Coast Guard should develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. (Recommendation 5)
Open
In September 2022, we reported on military naturalizations. We found that the Coast Guard did not have information to ensure that certifying officials process N-426 forms-Request for Certification of Military or Naval Service-within the required 30 days because they have not developed procedures for ensuring that certifying officials track and report this information. As a result, we recommended that the Commandant of the Coast Guard develop a procedure to collect information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. The Department of Homeland Security concurred with this recommendation. In March 2023, the Department of Homeland Security reported that the Coast Guard is in the process of reviewing an update to their Commandant Instruction Manual that will document procedures for collecting information on the timeliness of certifying officials' return of N-426 forms to servicemembers applying for naturalization. In October 2024, Coast Guard officials told us that the update to the Commandant Instruction Manual remained under review with estimated completion in the Spring of 2025. We will continue to monitor the Coast Guard's efforts to address this recommendation.
United States Citizenship and Immigration Services The Director of USCIS should track time frames from their receipt of the last background check to the final adjudication date for applications filed by servicemembers stationed on active duty abroad and use this information to help improve efforts to adjudicate these cases within 180 days. (Recommendation 6)
Closed – Implemented
In September 2022, we found that U.S. Citizenship and Immigration Services (USCIS) did not track the duration of time between when it received all background checks and the final adjudication for naturalization applications filed by servicemembers stationed on active duty abroad to determine whether USCIS is meeting the processing timeframes required by the Kendell Frederick Citizenship Assistance Act. As a result, we recommended that USCIS track time frames from their receipt of the last background check to the final adjudication date for applications filed by servicemembers stationed on active duty abroad and use this information to help improve efforts to adjudicate these cases within 180 days. The Department of Homeland Security concurred with this recommendation. In November 2023, USCIS developed a tool to use data from their Electronic Immigration System to track the time frames from the completion of all background checks to final adjudication and began reviewing these data monthly. Specifically, officials from the USCIS Citizenship Branch are using this information to obtain information on processing times for applicants stationed on active duty abroad to identify any outliers or systemic challenges with case processing and plans to continue these monthly reviews going forward. As a result, USCIS is better positioned to improve its efforts to adjudicate these cases within 180 days.
Department of Defense The Secretary of Defense should establish a policy to ensure that the military services develop and maintain a process to inform noncitizen servicemembers about the military naturalization process and available assistance and resources. (Recommendation 7)
Open – Partially Addressed
In September 2022, we reported on military naturalizations. We found that the Department of Defense (DOD) did not have a policy that ensured all military services were informing applicable noncitizen servicemembers about the military naturalization process, as well as available assistance and resources. As a result, the military services' notification processes on military naturalization varied. We recommended that DOD establish a policy to ensure that the military services developed and maintain a process to inform applicable noncitizen servicemembers about the military naturalization process and available assistance and resources. DOD concurred with this recommendation. DOD issued a policy in September 2022 that provides guidance to provide proper notice of options for naturalization for noncitizen recruits and servicemembers transitioning out of service. Specifically, the policy states that the military services and the United States Military Entrance Processing Command are to inform noncitizen recruits of existing naturalization programs and options during recruitment, the accession process, and during Basic Training. Further, the policy states that military services are to inform noncitizen servicemembers of the naturalization program and necessary information to assist them with the process at least once every two years via email or through delivered mail. The development of this policy is a positive step to help ensure noncitizen recruits and servicemembers are informed of the military naturalization process and related resources. DOD stated that they plan to issue a follow-on directive to the services requiring them to inform the Office of the Secretary of Defense of their process for notifying noncitizens. DOD intends to fulfill this directive by the end of September 2024. As of March 2024, we are continuing to follow-up with DOD on this recommendation. To fully address the intent of this recommendation, DOD would need to follow through with its intention to issue the follow-on directive to the services.
Department of Defense The Secretary of Defense should establish a mechanism to monitor the military services' implementation of their processes to inform noncitizen servicemembers of the military naturalization process and available assistance. (Recommendation 8)
Open
In September 2022, we reported on military naturalizations. We found that the Department of Defense (DOD) did not have a mechanism to monitor the military services effort to inform applicable noncitizen servicemembers about the military naturalization process, as well as available assistance and resources. As a result, the military services notification efforts to noncitizen servicemembers varied. We recommended that DOD establish a mechanism to monitor the military services' implementation of their processes to inform noncitizen servicemembers of the military naturalization process and available assistance. DOD concurred with this recommendation. In January 2023, DOD reported that they issued a policy in September 2022 that directs the military services to inform noncitizen servicemembers of the naturalization program and necessary information to assist them with the process at least once every two years via email or through the United States Postal Service-delivered mail. The development of this policy is a positive step to ensure the military services are informing noncitizen servicemembers about the military naturalization application process and relevant resources more consistently. However, to fully meet this recommendation, DOD should develop a mechanism to monitor the military services are fulfilling the process DOD established in the policy. As of March 2024, we are continuing to monitor DOD's efforts to address this recommendation.
Department of Defense The Secretary of Defense, in coordination with the VA and USCIS, should develop and implement a plan to regularly assess its military naturalization assistance efforts. (Recommendation 9)
Closed – Implemented
In 2022, we found that DOD, VA, and USCIS had undertaken efforts to assist noncitizen servicemembers, veterans, and their families with the military naturalization process both separately and in coordination with each other. However, DOD, VA, and USCIS had not assessed their military naturalization efforts. As a result, we recommended that DOD, in coordination with VA and USCIS, develop and implement a plan to regularly assess its military naturalization efforts. As of April 2024, DOD, USCIS, and VA are active members of the Interagency Naturalization Working Group. Through the working group, DOD, in coordination with VA, and USCIS among other departments, has created and tracked annual work plans covering their military naturalization efforts. These annual work plans covering DOD, VA, and USCIS naturalization efforts better position DOD to assess its military naturalization efforts in coordination with VA and USCIS.
Department of Veterans Affairs The Secretary of Veterans Affairs, in coordination with DOD and USCIS, should develop and implement a plan to regularly assess its military naturalization assistance efforts. (Recommendation 10)
Closed – Implemented
In 2022, we found that VA, DOD, and USCIS had undertaken efforts to assist noncitizen servicemembers, veterans, and their families with the military naturalization process both separately and in coordination with each other. However, VA, DOD, and USCIS had not assessed their military naturalization efforts. As a result, we recommended that VA, in coordination with DOD and USCIS, develop and implement a plan to regularly assess its military naturalization efforts. As of April 2024, VA, DOD, and USCIS are active members of the Interagency Naturalization Working Group. Through the working group, VA, in coordination with DOD and USCIS, among other departments, has created and tracked annual work plans covering their military naturalization efforts. These annual work plans covering VA, DOD, and USCIS naturalization efforts better position VA to assess its military naturalization efforts in coordination with DOD and USCIS.
United States Citizenship and Immigration Services The Director of USCIS, in coordination with DOD and VA, should develop and implement a plan to regularly assess its military naturalization assistance efforts. (Recommendation 11)
Closed – Implemented
In 2022 we found that USCIS, DOD, and VA had undertaken efforts to assist noncitizen servicemembers, veterans, and their families with the military naturalization process both separately and in coordination with each other. However, USCIS, DOD, and VA had not assessed their military naturalization efforts. As a result, we recommended that USCIS, in coordination with DOD and VA, develop and implement a plan to regularly assess its military naturalization efforts. USCIS chairs the Interagency Naturalization Working Group and as of April 2024, DOD and VA are also active members of this working group. As chair of the working group, USCIS oversees and tracks annual DOD and VA work plans covering their military naturalization efforts, in addition to USCIS' own military naturalization efforts. These annual work plans covering USCIS, DOD, and VA naturalization efforts better position USCIS to assess its military naturalization efforts in coordination with DOD and VA.

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