What is a key difference between the requirements under INA § 328 and INA § 329?

• A. Both require LPR status
• B. Age limit varies between the two
• C. Married status exemption applies only to § 329
• D. No filing fee is allowed under § 328

Answer: (B)

The key difference between the requirements under INA § 328 and INA § 329 revolves around the age limits associated with eligibility for naturalization. Under INA § 328, which pertains to the naturalization of members of the Armed Forces during times of hostilities, there is no specific age limit stipulated for applicants. In contrast, INA § 329, which addresses the naturalization for those who have served honorably in the U.S. military, does have an age limit requirement—specifically, it applies only to applicants who are at least 18 years old. Thus, the age limit varies significantly between the two sections, making it a crucial factor in determining eligibility for naturalization under each provision.

Given that both sections have different contexts of service and circumstances surrounding military involvement, understanding these distinctions is essential for navigating the naturalization process effectively.