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Military Naturalization Guidance for Calixto Class Members Updated

By October 19, 2022October 25th, 2022No Comments

No sacrifice is greater to our nation than those who are prepared to offer their life to uphold freedom and democracy. Several non-citizen United States Army troops who enrolled under the Military Accessions Vital to the National Interest (“MAVNI”) program filed a lawsuit against the U.S. Army a few years ago, claiming they were wrongfully dismissed without giving them any notice or a chance to reply. The MAVNI program allows some non-U.S. citizens to enroll and serve in the U.S. Armed Forces, which in turn authorizes them to file for accelerated citizenship. It is inevitable that their discharge from the army had an impact on their naturalization process. The case known as Calixto v. The Department of the Army seems to have reached a settlement.

As a consequence of the settlement agreement in Calixto v. Department of the Army, Civ. A. No. 18-1551 (PLF) (D.D.C.), also known as the Calixto Agreement, U.S. Citizenship and Immigration Services (USCIS) released new guidelines in the USCIS Policy Manual on October 7, 2022. The U.S. Army consented to certify Form N-426, Request for Certification of Military or Naval Service, for Calixto class members beginning on September 22, 2022. Therefore, even before completing initial entry training, these class members may become qualified for citizenship under Section 329 of the Immigration and Nationality Act (INA). Only those Calixto class members who are applying for military naturalization should use this update (MAVNI).

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