Table of Changes
Form N-644
OMB No. 1615-0059
July 09, 2010
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Front page
Instructions
This change is needed to address whose name and information is needed on submitted forms. |
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.
Application for Posthumous Citizenship
What Is the Purpose of This Form?
Public Law 101-249 provides for the granting of U.S. citizenship to an alien or noncitizen national whose death resulted from injury or disease incurred on active duty with the U.S. armed services during specified periods of military hostilities.
Posthumous citizenship is an honorary status commemorating the bravery and sacrifices of these persons; it does not convey any benefits under the Immigration and Nationality Act to any relative of the decedent.
If your application is approved, you will be issued a Certificate of Citizenship (N-645) in the name of the decedent.
The certificate establishes only that the person is considered to be a citizen of the United States as of the date of his/her death, and is invalid for all other purposes.
Note that the current Form N-644 edition has updated instructions regarding eligibility to apply for a Certificate of Posthumous Citizenship. One important change is that persons who die as a result of active-duty service in the U.S. armed services on or after September 11, 2001, have become eligible for U.S. citizenship. For veterans who died several years ago, another important change is the extension of the filing deadline to November 2, 2005. Until further notice, Form N-644 applications submitted on the previous (5/30/91) edition will also be accepted.
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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, the decedent’s name, and Alien Registration Number(s) (A-Number), if any, at the top of each sheet of paper and indicate the part and number of the item to which the answer refers.
Application for Posthumous Citizenship
What Is the Purpose of This Form?
The purpose of this Form is to obtain a posthumous Certificate of Citizenship for qualifying members of the Armed Forces who died while on active duty. Section 329A of the Immigration and Nationality Act, as amended, provides that an alien or non-citizen national of the United States who dies as a result of injury or disease incurred in or aggravated by active-duty service with the U.S. Armed Forces during specified periods of military hostilities may be granted United States citizenship. If the application is approved, a Certificate of Citizenship will be issued in the name of the deceased veteran. The certificate establishes that the deceased veteran is considered a citizen of the United States as of the date of his or her death.
Posthumous citizenship commemorates the bravery and sacrifices of the deceased veteran. It also provides for certain immigration benefits to qualifying family members of the deceased veteran.
For more information about immigration benefits for family members of deceased Armed Forces members, please refer to USCIS pamphlet, Survivor Benefits for Non-Citizen Relatives of Military Personnel (M-601) or visit www.uscis.gov/military
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Page 1, Instructions
Who May File Form N-644?
Change Note to clarify instruction
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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:
A. Executor or administrator of decedent’s estate;
B. Guardian, conservator, or committee of decedent’s next-of-kin;
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 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. |
You may file this form only if your relationship to the decedent was:
a. Spouse; b. Father/Mother; c. Son/Daughter; or d. Brother/Sister;
You may also file this form if you are the decedent’s representative, defined as:
e. Executor or administrator of decedent’s estate;
f. Guardian, conservator, or committee of decedent’s next-of-kin;
g. Service organization recognized by the Department of Veterans Affairs; or
h. The Secretary of Defense or the Secretary’s designee with USCIS after request by the next-of-kin.
NOTE: After a Certificate of Citizenship has been issued for a veteran, U.S. Citizenship and Immigration Services (USCIS) will not approve a subsequently filed N-644 application on the decedent’s behalf, except in the case of an application to replace a certificate that was lost, mutilated, or destroyed. |
Page 1, Instructions
Change “no later than two years after the date of the decedent’s death” to “..by the decedent’s next-of-kin within two years of the decedent’s death” _____________ Page 1, Instructions, Step 2. General Requirements
1. Delete letter A, B, C, D, E and H, and change the letter F and G to letter A and B.
Combine A with C and change to correspond with Page 1, Instructions, Step 2. General Requirements TOCs; change B to comply with INA 329
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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.
________________________________ Step 2. General Requirements
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);
C. 06/25/1950 - 07/01/1955 (Korean Hostilities);
D. 02/28/1961 - 10/15/1978 (Vietnam Hostilities);
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:
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;
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.
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When Should I Use Form N-644?
The application must be filed by the decedent’s next-of-kin or representative within 2 years of the decedent’s death.
________________________________ Step 2. General Requirements
1. Served honorably in an active-duty status in the military, air, or naval forces of the United States:
A. From 09/11/2001 until terminated by Executive Order of the President; or
B. Any other period of military hostilities designated by Executive Order of the President for the purpose of naturalization benefits.
3. Met one of the following enlistment requirements:
A. Entered or 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 after enlistment or induction.
Note: The application must be filed by the decedent’s next-of-kin or representative within 2 years of the decedent’s death.
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Page 2, Evidence #1
Evidence #2
Change “translator” to “translation”.
Evidence #3
Page 2, Documentation of the decedent’s service and death |
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 Form N-644?" section on Page 1 of these instructions.
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.
3. If you are in category (E) or (F) of the section “Who May File Form 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.
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: ******************
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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 Form N-644?" section on Page 1 of these instructions.
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 translation.
If you are in category (e) or (f) of the section “Who May File Form 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.
To facilitate certification of the decedent’s military service and service connected death by the executive departments, submit a legible copy of each of the following documents, if available: ****************** |
Page 3, Processing Information
Change “accepted” to received” to comply with USCIS instructions; last sentence of the paragraph, change “deny” word to “reject” word. Add reference to M-601 pamphlet
Change to reference Applicant instead of “You”
Change to clarify applicant does not establish eligibility.
Added information for clearer instruction.
___________ N-644 Application for Posthumous Citizenship,
Page 1, Part I
Page 3, Part II Delete number 6, renumber 7 and 8, to 6 and 7.
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Initial Processing
Once 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
Will You Have to Appear for an Interview?
Decision The decision on Form N-644 involves a determination of whether you have established eligibility for the requested benefit. You will be notified of the decision in writing. ____________________________
8. Your Relationship to Decedent at Time of His/Her Death (Check one)
*********** Change appearance of next of kin
Added box h.
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Initial Processing
Once Form N-644 has been received, 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 reject your Form N-644.
Will Someone Have to Appear for an Interview? No. However, if the application is approved and the person applying for the Certificate of Citizenship on behalf of the deceased veteran resides outside the United States, the person will be required to appear at the nearest U.S. Embassy or consulate to obtain the Certificate of Citizenship.
Decision The decision whether the deceased veteran qualifies for posthumous citizenship will be issued in writing. If the application is approved, a Certificate of Citizenship in the name of the deceased veteran will be mailed to the address contained on the Form N-644. If the address listed on the Form N-644 is outside the U.S., the decision will contain instructions about how to obtain the Certificate of Citizenship at the nearest U.S. Embassy or consulate.
f. Guardian, conservator, or committee of decedent’s next-of-kin;
h. The Secretary of Defense or the Secretary’s designee with USCIS after a request by the next-of-kin.
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Justification:
The N-644 Form and the instructions of this form have created confusion among customers. As a result of such confusion, many customers who are not eligible for this benefit have submitted this application in the hopes to gain a benefit under the immigration law.
The USCIS is therefore revising the N-644 Form and the instructions of this form to better serve the public and eliminate confusion among customers.
| File Type | application/msword |
| File Title | Table of Changes |
| Author | jaweidem |
| Last Modified By | Evadne Hagigal |
| File Modified | 2010-07-16 |
| File Created | 2010-07-16 |