התאזרחות כללית (INA 316 - LPR ל-5 שנים, חתימה)

תרחישים לדוגמה

• Eligible; approval expected after interview, English/civics test, and oath.

  Maria satisfies INA §316(a) = 8 U.S.C. §1427(a): 5+ years continuous LPR residence, physical presence well over 30 months (her absences total only ~4 weeks/year), 3+ months California residence, and GMC. Because she filed before 20 Oct 2025 she takes the legacy 2008 civics test. She qualifies to file within the 90-day early window of her 1 Mar 2025 anniversary.

• Continuous residence broken; clock reset — must accrue a new statutory period before filing.

  Under INA §316(b) = 8 U.S.C. §1427(b), an absence of 1 year or more breaks continuous residence absent an approved N-470. David's 14-month absence (with a private foreign, non-qualifying employer) resets his 5-year clock; he generally must wait 4 years and 1 day after returning to re-establish the required continuous residence, and no N-470 preservation is available retroactively.

• Likely ineligible on physical presence even though continuous residence is intact.

  No single absence exceeded 6 months, so continuous residence is not presumptively broken; but INA §316(a) independently requires >=30 months of physical presence in the 5 years. Spending ~7 months abroad each year leaves only ~5 months/year in the U.S. (~25 months over 5 years), below the 30-month floor, defeating the application until she accumulates sufficient in-country days.

• GMC is a discretionary, fact-specific determination; not a per-se bar but requires careful showing.

  A single DUI is not a per-se permanent bar under 8 CFR §316.10, but USCIS weighs it in the GMC totality within the 5-year period, and unfiled taxes are a recognized adverse factor. Robert can present rehabilitation, the isolated nature of the offense, and proof that he has now filed and arranged payment of all taxes; the officer adjudicates GMC under INA §101(f) and 8 CFR §316.10 on the whole record.

• Eligible; must prepare the 2025 civics test (128-question bank, 20 administered, 12 to pass).

  Linh meets INA §316(a) on residence, presence, and GMC. Because her N-400 was filed on/after 20 Oct 2025, USCIS Policy Alert PA-2025-24 (EO 14161, FR Doc. 2025-18050) places her on the 2025 civics test rather than the legacy 2008 test. Her $710 online fee reflects the 89 FR 6194 matrix effective 1 Apr 2024. English and civics under INA §312 still apply.

• Naturalization barred while removal proceedings are pending.

  INA §318 = 8 U.S.C. §1429 prohibits USCIS from naturalizing a person against whom removal proceedings are pending, regardless of §316 residence/GMC compliance; the proceedings must be resolved in her favor (or terminated) before the N-400 can be approved. The §318 bar is jurisdictional in effect and cannot be waived on equitable grounds.