Application for Posthumous Citizenship

Application for Posthumous Citizenship

n-644instr 04-14-08

Application for Posthumous Citizenship

OMB: 1615-0059

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OMB No. 1615-0059; Expires 07/31/08

Instructions for N-644, Application
for Posthumous Citizenship

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the part and number of the item to which the answer refers.

What Is the Purpose of This Form?
Public Law 101-249, as amended, provides that an alien or
non-citizen national of the United States who dies as a result
of injury or disease incurred by active duty with the U.S.
Armed Forces during specified periods of military hostilities
may be granted U.S. citizenship.
If the application is approved, a Certificate of Citizenship
(N-645) will be issued in the name of the decedent the
deceased veteran (decedent).
The certificate establishes that the decedent is considered a
citizen of the United States as of the date of his or her death.
Posthumous citizenship is an honorary status commemorating
the bravery and sacrifices of the veteran. The certificate allows
certain qualifying family members to apply for benefits under
section 319(d) of the INA or remain classified as immediate
relatives for obtaining lawful permanent residence.

When Should I Use Form N-644?
The application must be filed no later than two years after the
date of the decedent's death.

Who May File This N-644?
1. You may file this form only if your relationship to the
decedent was:
A. Spouse;
B. Father/mother;
C. Son/daughter;
D. Brother/sister.
2. You are the decedent's representative, defined as:

C. Service organization recognized by the Department of
Veterans Affairs; or
D. The Secretary of Defense or the Secretary's designee
with USCIS after request by the next-of-kin.
NOTE: After a Certificate of posthumous citizenship has been
issued for a veteran, U.S. Citizenship and Immigration
Services (USCIS) will not approve any later application on his
or her behalf, except in the case of an application to replace a
certificate that was lost, mutilated, or destroyed.

General Instructions
Step 1. Fill Out Form N-644
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "none."
4. Complete only Part I of this application. Do not write in
Parts II, III, or IV, which are reserved for the use of the
executive departments.

Step 2. General Requirements
To qualify for posthumous citizenship, the decendent must
have been an alien or non-citizen national of the United States
who:
1. Served honorably in an active-duty status in the military,
air, or naval forces of the United States during:
A. 04/06/1917 - 11/11/1918 (World War I);
B. 09/01/1939 - 12/31/1946 (World War II);

A. Executor or administrator of decedent's estate;

C. 06/25/1950 - 07/01/1955 (Korean Hostilities);

B. Guardian, conservator, or committee of decedent's
next-of-kin;

D. 02/28/1961 - 10/15/1978 (Vietnam Hostilities);

Form N-644 Instructions (Rev. 05/19/08) Y

E. 08/02/1990 - 04/11/1991 (Persian Gulf Conflict);
F. From 09/11/2001 until terminated by Executive Order
of the President (Iraq Hostilities);
G. Any other period of military hostilities designated by
Executive Order of the President for the purpose of
naturalization benefits; or
H. A period of at least five years following enlistment or
reenlistment in the U.S. Army under the Lodge Act of
June 30, 1950, and who:
2. Died because of injury or disease incurred in or aggravated
by that service; and
3. Met one of the following enlistment requirements:
A. Was enlisted, reenlisted, or inducted in the United
States, Panama Canal Zone, American Samoa or
Swain's Island; or
B. Was admitted to the United States as a lawful
permanent resident at any time; or
C. If a person described in (1)(f), entered the United
States, Panama Canal Zone, American Samoa or
Swain's Island pursuant to military orders at some time
during such service.

Evidence
Authorization documents:
1. Unless you are the spouse of the decedent or the executor
or administrator of the decedent's estate, you must obtain
authorization from all living next-of-kin above you in the
order of succession.
2. For example, if you are the decedent's brother, you would
have to obtain authorization from all living relatives in
classes (a), (b) and (c) in the "Who May File This N-644"
section on Page 1 of these instructions.

3. If you are in category (e) or (f) of the section "Who May
File This N-644," you must submit a certified copy of your
letter of appointment as the executor or administrator of the
decedent's estate, or as the guardian, conservator or
committee of the decedent's next-of-kin.
4. If you are in group (g) of the section "Who May File This
N-644," you must submit evidence of recognition of your
organization by the Department of Veterans Affairs.
Documentation of the decedent's service and death:
To facilitate certification of the decedent's military service and
service-connected death by the executive departments, you
should submit a legible copy of each of the following
documents, if available:
1. Form DD214, Certificate of Release or Discharge from
Active Duty; or
2. Form DD 1300, Report of Casualty/Military Death
Certificate; or
3. Any other military or state issued certificate of the
decedent's death.
Failure to submit any of these documents may not
automatically result in the denial of your application, but will
delay the certification process.

Translations. Any document containing foreign language

submitted to USCIS shall be accompanied by a full English
language translation which the translator has certified as
complete and accurate, and by the translator's certification that
he or she is competent to translate from the foreign language
into English.

Copies. Unless specifically required that an original
document be filed with an application or petition, an ordinary
legible photocopy may be submitted. Original documents
submitted when not required will remain a part of the record,
even if the submission was not required.

The authorization must be in the form of an affidavit
stating the affiant's name, address and relationship to the
decedent and authorizing you to apply for posthumous U.S.
Citizenship on behalf of the decedent. If the affidavit is in a
language other than English, it must be accompanied by a
certified English translator.

Form N-644 Instructions (Rev. 05/19/08) Y Page 2

Where To File?
Submit your Form N-644 to the following address:
USCIS California Service Center
P.O. Box 10360
Laguna Niguel, CA 92607

What Is the Filing Fee?
No fee is collected for this application.

Address Changes
If you change your address and you have an application or
petition pending with USCIS, you may change your address
online at www.uscis.gov, click on "Change your address with
USCIS" and follow the prompts or by completing and mailing
Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Processing Information
Any Form N-644 that is not signed will be rejected with a
notice that the Form N-644 is deficient. You may correct the
deficiency and resubmit the Form N-644. An application or
petition is not considered properly filed until accepted by
USCIS.

Will You Have to Appear for an Interview? No. However,
if the application is approved and you reside outside the
United States, you will be required to appear at the nearest
U.S. Embassy or consulate to sign for the Certificate of
Citizenship (N-645).

Decision. The decision on a Form N-644 involves a
determination of whether you have established eligiblity for
the requested benefit. You will be notified of the decision in
writing.

USCIS Forms and Information
To order USCIS forms, call our toll-free number at 1-800870-3676. You can also get USCIS forms and information on
immigration laws, regulations and procedures by telephoning
our National Customer Service Center at 1-800-375-5283 or
visiting our Internet website at www.uscis.gov.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our Internet-based system, InfoPass. To access the system,
visit our website. Use the InfoPass appointment scheduler and
follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this Form N-644, we will
deny your Form N-644 and may deny any other immigration
benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Initial processing. Once a Form N-644 has been accepted, it
will be checked for completeness, including submission of the
required initial evidence. If you do not completely fill out the
form, or file it without required initial evidence, you will not
establish a basis for eligibility, and we may deny your Form
N-644.

Form N-644 Instructions (Rev. 05/19/08) Y Page 3

Privacy Act Notice

Paperwork Reduction Act

We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your Form N-644.

An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 1 hour and 50 minutes
per response, including the time for reviewing instructions and
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Management Division, 111 Massachusetts
Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC 20529.
OMB No. 1615-0059. Do not mail your application to this
address.

Form N-644 Instructions (Rev. 05/19/08) Y Page 4


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File Created2007-07-30

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