ADMINISTRATIVE MESSAGE
 
ROUTINE       
 
R 171444Z JUL 02 ZYB MIN PSN 394329J30
 
FM CNO WASHINGTON DC//N1//
 
TO NAVADMIN
 
UNCLAS
NAVADMIN 217/02
 
MSGID/GENADMIN/N1//
 
SUBJ/EXPEDITED NATURALIZATION OF ALIENS AND NONCITIZEN NATIONALS
/SERVING ON ACTIVE DUTY DURING OPERATION ENDURING FREEDOM//
 
REF/A/EXECUTIVE ORDER/13269/YMD:20020703//
 
RMKS/1.  THIS NAVADMIN PROVIDES GUIDANCE FOR EXPEDITED
NATURALIZATION OF ALIENS AND NONCITIZEN NATIONALS WHO SERVED
HONORABLY IN AN ACTIVE DUTY STATUS DURING THE PERIOD OF OPERATION
NOBLE EAGLE AND/OR OPERATION ENDURING FREEDOM.  THE IMMIGRATION AND
NATIONALITY ACT PERMITS DIRECT NATURALIZATION OF ALIENS WHO HAVE
SERVED IN AN ACTIVE-DUTY STATUS IN THE ARMED FORCES OF THE UNITED
STATES DURING ANY PERIOD WHICH THE PRESIDENT BY EXECUTIVE ORDER
DESIGNATES AS A PERIOD IN WHICH THE ARMED FORCES OF THE UNITED
STATES ARE OR WERE ENGAGED IN MILITARY OPERATIONS INVOLVING ARMED
CONFLICT WITH A HOSTILE FOREIGN FORCE.
 
2.  ON 3 JULY 2002, THE PRESIDENT SIGNED SUCH AN EXECUTIVE ORDER:
EXPEDITED NATURALIZATION OF ALIENS AND NONCITIZEN NATIONALS SERVING
IN AN ACTIVE-DUTY STATUS DURING THE WAR ON TERRORISM.  THE TEXT IS
AS FOLLOWS:  "BY THE AUTHORITY VESTED IN ME AS PRESIDENT BY THE
CONSTITUTION AND THE LAWS OF THE UNITED STATES OF AMERICA, INCLUDING
SECTION 329 OF THE IMMIGRATION AND NATIONALITY ACT (8 U.S.C. 1440)
(THE "ACT"), AND SOLELY IN ORDER TO PROVIDE EXPEDITED NATURALIZATION
FOR ALIENS AND NONCITIZEN NATIONALS SERVING IN AN ACTIVE-DUTY STATUS
IN THE ARMED FORCES OF THE UNITED STATES DURING THE PERIOD OF THE
WAR AGAINST TERRORISTS OF GLOBAL REACH, IT IS HEREBY ORDERED AS
FOLLOWS:  "FOR THE PURPOSE OF DETERMINING QUALIFICATION FOR THE
EXCEPTION FROM THE USUAL REQUIREMENTS FOR NATURALIZATION, I
DESIGNATE AS A PERIOD IN WHICH THE ARMED FORCES OF THE UNITED STATES
WERE ENGAGED IN ARMED CONFLICT WITH A HOSTILE FOREIGN FORCE THE
PERIOD BEGINNING ON SEPTEMBER 11, 2001.  SUCH PERIOD WILL BE DEEMED
TO TERMINATE ON A DATE DESIGNATED BY FUTURE EXECUTIVE ORDER.  THOSE
PERSONS SERVING HONORABLY IN ACTIVE-DUTY STATUS IN THE ARMED FORCES
OF THE UNITED STATES, DURING THE PERIOD BEGINNING ON SEPTEMBER 11,
2001, AND TERMINATING ON THE DATE TO BE SO DESIGNATED, ARE ELIGIBLE
FOR NATURALIZATION IN ACCORDANCE WITH THE STATUTORY EXCEPTION TO THE
NATURALIZATION REQUIREMENTS, AS PROVIDED IN SECTION 329 OF THE ACT.
NOTHING CONTAINED IN THIS ORDER IS INTENDED TO AFFECT, NOR DOES IT
AFFECT, ANY OTHER POWER, RIGHT, OR OBLIGATION OF THE UNITED STATES,
ITS AGENCIES, OFFICERS, EMPLOYEES, OR ANY OTHER PERSON UNDER FEDERAL
LAW OR THE LAW OF NATIONS.""
 
3.  SERVICE MEMBERS APPLYING FOR NATURALIZATION UNDER 8 U.S.C. 1440
SHALL SUBMIT ALL DOCUMENTATION REQUIRED BY THE IMMIGRATION AND
NATURALIZATION SERVICE TO INCLUDE FORM N-400, APPLICATION FOR
NATURALIZATION, G-325B, BIOGRAPHIC INFORMATION AND N-426, REQUEST
FOR CERTIFICATION OF MILITARY OR NAVAL SERVICE.  THE APPLICATION
SHALL BE SUBMITTED TO THE INS SERVICE CENTER IN LINCOLN, NEBRASKA.
THE PROCEDURE IS THE SAME AS FILING UNDER THREE YEARS OF MILITARY
SERVICE.  ADDITIONAL INFORMATION AND THE NAVY GUIDE MAY BE OBTAINED
FROM HTTP:/WWW.JAG.NAVY.MIL/ CLICK ON LEGAL ASSISTANCE AND THEN
IMMIGRATION.  ALL FORMS CAN BE OBTAINED FROM
HTTP:/WWW.INS.USDOJ.GOV/GRAPHICS/FORMSFEE/FORMS/INDEX.HTM.
 
4. THE LEGAL ASSISTANCE DIVISION, OFFICE OF THE JUDGE ADVOCATE
GENERAL (CODE 16) IS AVAILABLE TO PROVIDE ADVICE AND ASSISTANCE
ABOUT THIS PROGRAM AND OTHER QUESTIONS REGARDING NATURALIZATION AT
(202)685-4643/DSN 325 OR LEGALASSISTANCE@JAG.NAVY.MIL.
 
5.  RELEASED BY VADM NORB RYAN, JR., N1.//
 
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