Adjustment of Status Faces Higher Scrutiny
AOS is discretionary, not a substitute for standard immigrant visa processing
09/06/2026
Effective August 1, 2024, USCIS is updating its policy guidance to clarify that uncharacterized discharges issued on or after this date do not meet the “separation under honorable conditions” requirement for naturalization under Sections 328 and 329 of the Immigration and Nationality Act (INA). This change aligns with recent amendments to Department of Defense Instruction (DODI) 1332.14, which now treat uncharacterized and entry-level separations as distinct from honorable or general discharges. As a result, alien military service members discharged with an uncharacterized status on or after August 1, 2024, are no longer eligible to naturalize under these INA provisions. However, those discharged with an uncharacterized status before this date will continue to be considered as having met the honorable conditions requirement.
Additionally, USCIS will no longer coordinate with U.S. Customs and Border Protection (CBP) to conduct naturalization interviews or oath ceremonies at ports of entry. Veterans living outside the United States who are seeking to naturalize must now obtain a visa or parole to enter the country for their naturalization interviews. Former service members discharged under less than honorable conditions for reasons such as non-compliance with COVID-19 vaccine requirements may request a discharge characterization upgrade through the Department of War. USCIS will rely on official discharge documentation to determine whether a veteran served honorably and was separated under honorable conditions.
These policy updates reflect recent changes in federal directives, including Executive Order 14347, which reinstates the historical name “Department of War” in place of “Department of Defense.” The updates also support Executive Orders 14148, 14161, and 14184, which collectively aim to restore fairness, strengthen national security, and correct previous harms to service members. The changes affect Volume 12, Part I, Chapters 2, 3, and 5 of the USCIS Policy Manual and are intended to preserve the integrity and meaning of the military naturalization benefit program.
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20250926-MilitaryNaturalization.pdf