Application for Posthumous Citizenship
[N-644, Application for Posthumous Citizenship]
IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:
http://www.uscis.gov/forms
Purpose of Form :
Public Law 101-249 provides for the granting of United States citizenship to an alien or noncitizen national whose death resulted from injury or disease incurred on active duty with the United States Armed Forces 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 (02/25/03) 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 Forces 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, 2004. Until further notice, Form N-644 applications submitted on the previous (5/30/91) edition will also be accepted.
Number of Pages :
4
Edition Date :
9/13/06. Prior versions acceptable.
Where to File :
Applications must be filed at the Service Center having jurisdiction over the applicant’s place of residence.
Filing Fee :
$80.00
Special Instructions :
Note on Filing Fee :
Please consult the “Paying Fees” section of your Service Center site to learn which forms of payment will be accepted. Acceptable forms of payment may vary by office. Checks should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services.
Note on Where to File :
Please see the related link “Where Do I File?” for information on where you should mail your application.
Department of Homeland Security
U.S. Citizenship and Immigration Services
OMB No. 1615-0059; Expires 06/30/07
N-644, Application for Posthumous Citizenship
Instructions
Complete only Part 1 of this application. Do not write in Parts II, III or IV.
General Information.
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).
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; it conveys no benefit under the immigration and nationality laws to any relative of the decedent.
Who is Eligible for Posthumous Citizenship?
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); or
b. 09/01/1939 -12/31/1946 (World War II); or
c. 06/25/1950 – 07/01/1955 (Korean Hostilities); or
d. 02/28/1961 – 10/15/1978 (Vietnam Hostilities); or
e. 08/02/1990 – 04/11/1991 (Pershian Gulf Conflict); or
f. From 09/11/2001 until terminated by Executive Order of the President (Iraq Hostilities); or
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 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 (l)(f) above, entered the United States, Panama Canal Zone, American Samoa or Swain’s Island pursuant to military orders at some time during such service.
When Must the Application Be Filed?
The application must be filed no later than:
Two years after the date of the decedent’s death.
Who Can File?
You may file this form only if your relationship to the decedent was:
a. Spouse; or
b. Father/Mother; or
c. Son/Daughter; or
d. Brother/Sister; or
You are the decedent’s representative, defined as:
e. Executor or Administrator of decedent’s estate; or
f. Guardian, Conservator, or Committee of decedent’s next-
of-kin; or
g. Service organization recognized by the Department of Veterans Affairs.
NOTE: Once 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.
What Documents Need to Be Submitted?
Authorization documents:
a. 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.
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 Can File? 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.
b. If you are in category (e) or (f) of the section, Who Can File?, 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.
c. If you are in group (g) of the section, Who Can File?, 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:
d. Form DD 214, Certificate of Release or Discharge from Active Duty; or
e. Form DD 1300, Report of Casualty /Military Death Certificate; or
f. 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.
How Should You Prepare This Form?
a. 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.
b. Type or print legibly in black ink.
c. Please read and follow all instructions carefully so that it will not necessitate the return of your application.
d. Answer all questions fully and accurately. If any items does not apply to the decedent, write “N/A” (meaning “Not Applicable”) or “None,” as the case requires.
What Is the Fee?
No fee is collected for this application.
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 American Embassy or Consulate to sign for the Certificate of Citizenship (N-645).
Where Should You File the Application?
Submit your Form N-644 to the following address:
USCIS California Service Center
P.O. Box 10360
Laguna Niguel, CA 92607
What Are the Penalties for Submitting False Information?
Title 18, United States Code, Section 1001, states whoever willfully and knowingly falsifies a material fact, makes a false statement or makes use of a false document will be fined up to $10,000 or imprisoned up to five years or both.
What Is the Authority for Collecting This Information?
We request information on this form to carry out the immigration laws contained in Title 8, United States Code 1225. We need this information to determine your eligibility to file this application, and the decedent’s eligibility for posthumous citizenship. The information you provide may also be disclosed to other federal agencies as part of the adjudication of this application. You do not have to give this information. However, if you refuse, your application may be denied.
USCIS Forms and Information.
To order USCIS forms call our toll-free forms line at 1-800-870-3676. 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.
Use InfoPass for Appointments.
As an altenative 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 at www.uscis.gov. 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. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of USCIS office.
What Is the Reporting Burden?
A person is not required to respond to a collection of information unless it displays a current valid OMB control number. This collection of information is estimated to average 1 hour and 50 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. 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., Suite 3008, Washington, DC 20529; OMB No. 1615-0059. Do not mail your completed application to this address.