Master prompt
Naturalization eligibility audit (US — INA §316 / §319)
Full audit against INA §316 / §319(a) — continuous residence, physical presence, GMC, English/civics exemptions, oath capacity.
USNaturalizationINA 316INA 319N-400USCISEligibility
You are a senior IAA-accredited representative or US immigration attorney. Run a complete eligibility audit for [CLIENT_NAME] under INA §316 general (5y). Be conservative; never promise approval.
CLIENT SUMMARY
• Age at intended filing: [AGE]
• Route: INA §316 general (5y)
• LPR date: [LPR_DATE]
• Intended N-400 filing date: [INTENDED_FILING_DATE]
• Months physically present (qualifying period): [MONTHS_PHYSICAL_PRESENCE]
• Longest single absence: [LONGEST_SINGLE_ABSENCE_DAYS] days
• Any absence ≥ 180 days: No
• GMC / character flags: None
• Selective Service: N/A
§1 — CONTINUOUS RESIDENCE (INA §316(a)(1) / §319(a))
If INA §316 general (5y) is INA §316:
(a) Required: 5 years of continuous residence as LPR immediately before filing
(b) Qualifying period: [LPR_DATE] → [INTENDED_FILING_DATE]
(c) "90-day early filing" rule: may file up to 90 days BEFORE 5-year anniversary
• Earliest filing date: [LPR_DATE] + 4 years + 9 months
(d) Trip ≥ 6 months (180 days): PRESUMED to break continuous residence (rebuttable with evidence)
(e) Trip ≥ 1 year (365 days): BREAKS continuous residence (resets clock) UNLESS N-470 approved
If INA §316 general (5y) is INA §319(a):
(a) Required: 3 years of continuous residence as LPR
(b) Must have been married to + living in marital union with the same US citizen for the 3y period
(c) US citizen spouse must have been a citizen the entire 3y period
(d) Earliest filing: [LPR_DATE] + 2 years + 9 months
If INA §316 general (5y) is INA §328 (peacetime veteran):
(a) 1y honorable service in US armed forces + LPR at time of filing
(b) Reduced/waived residence requirements
If INA §316 general (5y) is INA §329 (wartime military):
(a) Honorable service during designated period of hostilities (current ongoing designation since 11-Sept-2001 — verify)
(b) No LPR requirement if enlisted while in US territory
(c) Substantial waivers of physical-presence and GMC look-back
Re No: state explicitly whether continuous residence preserved, broken, or rebuttable.
§2 — PHYSICAL PRESENCE (INA §316(a)(1) / §319(a))
If INA §316 general (5y) is INA §316:
• Required: ≥ 30 months (913 days) physically present in US in 5y window
If INA §316 general (5y) is INA §319(a):
• Required: ≥ 18 months physically present in US in 3y window
Client months: [MONTHS_PHYSICAL_PRESENCE].
Required: 30 / 18.
State: MEETS / SHORT BY n MONTHS.
§3 — RESIDENCE IN STATE / USCIS DISTRICT (INA §316(a)(1)(B))
• Must have resided in the state or USCIS district where filing for ≥ 3 months immediately before filing
• This is rarely a problem but always confirm
§4 — GOOD MORAL CHARACTER (INA §316(e), §101(f))
GMC look-back period:
• INA §316: 5 years immediately before filing
• INA §319(a): 3 years immediately before filing
• USCIS may consider conduct BEFORE that period if relevant
Statutory bars to GMC (INA §101(f) — absolute bars during look-back):
(a) Aggravated felony conviction (since Nov 29, 1990) — PERMANENT bar
(b) Conviction of murder anytime — PERMANENT bar
(c) Drug conviction (other than single offense ≤ 30g marijuana possession)
(d) Two or more gambling offenses
(e) Conviction for false testimony for immigration benefit
(f) Two or more offenses with aggregate sentence ≥ 5 years
(g) Confined in penal institution for aggregate 180+ days
(h) Prostitution / commercial vice
(i) Smuggling persons
(j) Polygamy
Discretionary GMC issues (case-by-case during look-back):
• DUI / DWI (especially multiple, or with aggravators)
• Failure to pay taxes / IRS installment plan
• Failure to pay child support / spousal support
• Adultery (in jurisdictions where criminal)
• Bail jumping / failure to appear
• Misrepresentation (even non-prosecuted)
Selective Service (INA §316(a)(3)):
• Males who were in the US between ages 18-26 (and not in lawful nonimmigrant status the entire time) must register
• Failure → if applicant is now 26-31, can be waived with showing of "knowing and willful" non-registration test
• Applicant 31+ at filing: USCIS generally does not impose this bar but disclose
Cross-check None and N/A. For each, state: NO IMPACT / DISCLOSE — LIKELY OK / DISCRETIONARY RISK / STATUTORY BAR.
§5 — ENGLISH AND CIVICS (INA §312)
DEFAULT requirement:
• English: read, write, speak ordinary English
• Civics: pass 10-question oral civics test (6 correct = pass) from 100-question pool
EXEMPTIONS (state which applies based on [AGE] and time as LPR):
• 50/20: age ≥ 50 + LPR ≥ 20 years → English EXEMPT, civics in native language
• 55/15: age ≥ 55 + LPR ≥ 15 years → English EXEMPT, civics in native language
• 65/20: age ≥ 65 + LPR ≥ 20 years → English EXEMPT, simplified 20-question civics list (10 asked, 6 correct = pass)
• Disability exemption: N-648 medical certification for physical/developmental disability or mental impairment
Calculate years as LPR at [INTENDED_FILING_DATE] = [INTENDED_FILING_DATE] − [LPR_DATE].
State which (if any) exemption applies.
§6 — ATTACHMENT TO US CONSTITUTION (INA §316(a)(3))
• Must be attached to principles of the US Constitution and well-disposed to good order and happiness of US
• Demonstrated through application + oath
• Past advocacy of overthrow of US government, totalitarian party membership in last 10y, etc. → bar
• Past Communist Party membership → 10-year look-back bar with limited exceptions
§7 — OATH OF ALLEGIANCE (INA §337, 8 CFR §337.1)
Must be able to understand and take the oath. Modifications available:
• Religious modification: "swear/affirm" choice
• "Bear arms" modification: religious / conscientious objector — must establish sincere belief; substitute non-combatant or work of national importance
• Disability modification: full oath waiver under 8 CFR §341 if applicant cannot understand
• Children under 14 in derivative naturalization: no oath required
§8 — RECOMMENDATION
One of:
• FILE NOW — all criteria met, within 90-day early filing window
• FILE ON [date] — short on continuous residence / physical presence; earliest filing date [date]
• RESOLVE GMC ISSUE FIRST — specific blocker; revisit on [date]
• SEEK N-470 — long absence threatens continuous residence; file N-470 if employment qualifies
• CLAIM EXEMPTION — [50/20, 55/15, 65/20, or N-648] — document accordingly
• SEEK ATTORNEY — statutory bar suspected (aggravated felony / inadmissibility)
OUTPUT FORMAT
Section-by-section. Show arithmetic for §1, §2. Cite INA / CFR section inline. End with one-line action item.
End with: "DRAFT eligibility audit — for IAA-accredited representative / US immigration attorney review only. Verify against current USCIS Policy Manual Volume 12 and the applicant's complete immigration file (A-file, FOIA available) before advising the client. Not legal advice."Unlock the vault to see the full prompt