PART 316—GENERAL REQUIREMENTS FOR NATURALIZATION Authority: 8 U.S.C. 1103, 1181, 1182, 1443, 1447; 8 CFR part 2. Source: 56 FR 50484, Oct. 7, 1991, unless otherwise noted. § 316.1 Definitions. As used in this part, the term: Application Residence in the Service district where the application is filed Service district [76 FR 53798, Aug. 29, 2011] § 316.2 Eligibility. (a) General. (1) Is at least 18 years of age; (2) Has been lawfully admitted as a permanent resident of the United States; (3) Has resided continuously within the United States, as defined under § 316.5, for a period of at least five years after having been lawfully admitted for permanent residence; (4) Has been physically present in the United States for at least 30 months of the five years preceding the date of filing the application; (5) Immediately preceding the filing of an application, or immediately preceding the examination on the application if the application was filed early pursuant to section 334(a) of the Act and the three month period falls within the required period of residence under section 316(a) or 319(a) of the Act, has resided, as defined under § 316.5, for at least three months in a State or Service district having jurisdiction over the applicant's actual place of residence; (6) Has resided continuously within the United States from the date of application for naturalization up to the time of admission to citizenship; (7) For all relevant time periods under this paragraph, has been and continues to be a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; and (8) Is not a person described in Section 314 of the Act relating to deserters of the United States Armed Forces or those persons who departed from the United States to evade military service in the United States Armed Forces. (b) Burden of proof. [56 FR 50484, Oct. 7, 1991, as amended at 58 FR 49912, Sept. 24, 1993; 60 FR 6651, Feb. 3, 1995; 76 FR 53798, Aug. 29, 2011] § 316.3 [Reserved] § 316.4 Application; documents. (a) The applicant will apply for naturalization in accordance with instructions provided on the form prescribed by USCIS for that purpose. (b) At the time of the examination on the application for naturalization, the applicant may be required to establish the status of lawful permanent resident by submitting the original evidence, issued by the Service, of lawful permanent residence in the United States. The applicant may be also required to submit any passports, or any other documents that have been used to enter the United States at any time after the original admission for permanent residence. [56 FR 50484, Oct. 7, 1991, as amended at 58 FR 48780, Sept. 20, 1993; 63 FR 12987, Mar. 17, 1998; 63 FR 70316, Dec. 21, 1998; 76 FR 53798, Aug. 29, 2011] § 316.5 Residence in the United States. (a) General. (b) Residences in specific cases Military personnel. (i) The State or Service District where the applicant is physically present for at least three months, immediately preceding the filing of an application for naturalization, or immediately preceding the examination on the application if the application was filed early pursuant to section 334(a) of the Act and the three month period falls within the required period of residence under section 316(a) or 319(a) of the Act; (ii) The location of the residence of the applicant's spouse and/or minor child(ren); or (iii) The applicant's home of record as declared to the Armed Forces at the time of enlistment and as currently reflected in the applicant's military personnel file. (2) Students. (i) Where that institution is located; or (ii) In the State of the applicant's home residence if the applicant can establish that he or she is financially dependent upon his or her parents at the time that the application is filed and during the naturalization process. (3) Commuter aliens. (4) Residence in multiple states. (5) Residence during absences of less than one year. (ii) Return to the United States. (6) Spouse of military personnel. (i) The spouse of a member of the Armed Forces; (ii) Authorized to accompany and reside abroad with that member of the Armed Forces pursuant to the member's official orders; and (iii) Accompanying and residing abroad with that member of the Armed Forces in marital union in accordance with 8 CFR 319.1(b). (c) Disruption of continuity of residence Absence from the United States For continuous periods of between six (6) months and one (1) year. (A) The applicant did not terminate his or her employment in the United States; (B) The applicant's immediate family remained in the United States; (C) The applicant retained full access to his or her United States abode; or (D) The applicant did not obtain employment while abroad. (ii) For period in excess of one (1) year. (2) Claim of nonresident alien status for income tax purposes after lawful admission as a permanent resident. (3) Removal and return. (4) Readmission after a deferred inspection or exclusion proceeding. (d) Application for benefits with respect to absences; appeal Preservation of residence under section 316(b) of the Act. (ii) An approval of Form N-470 under section 316(b) of the Act shall cover the spouse and dependent unmarried sons and daughters of the applicant who are residing abroad as members of the applicant's household during the period covered by the application. The notice of approval, Form N-472, shall identify the family members so covered. (iii) An applicant whose Form N-470 application under section 316(b) of the Act has been approved, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, raises a rebuttable presumption that the applicant has relinquished a claim of having retained lawful permanent resident status while abroad. The applicant's family members who were covered under section 316(b) of the Act and who were listed on the applicant's Form N-472 will also be subject to the rebuttable presumption that they have relinquished their claims to lawful permanent resident status. (2) Preservation of residence under section 317 of the Act. (3) Approval, denial, and appeal. [56 FR 50484, Oct. 7, 1991, as amended at 56 FR 50487, Oct. 7, 1991; 58 FR 49913, Sept. 24, 1993; 60 FR 6651, Feb. 3, 1995; 62 FR 10394, Mar. 6, 1997; 76 FR 53798, Aug. 29, 2011] § 316.6 Physical presence for certain spouses of military personnel. Pursuant to section 319(e) of the Act, any period of time the spouse of a United States citizen resides abroad will be treated as physical presence in any State or district of the United States for purposes of naturalization under section 316(a) or 319(a) of the Act if, during the period of time abroad, the applicant establishes that he or she was: (a) The spouse of a member of the Armed Forces; (b) Authorized to accompany and reside abroad with that member of the Armed Forces pursuant to the member's official orders; and (c) Accompanying and residing abroad with that member of the Armed Forces in marital union in accordance with 8 CFR 319.1(b). [76 FR 53798, Aug. 29, 2011] §§ 316.7-316.9 [Reserved] § 316.10 Good moral character. (a) Requirement of good moral character during the statutory period. (2) In accordance with section 101(f) of the Act, the Service shall evaluate claims of good moral character on a case-by-case basis taking into account the elements enumerated in this section and the standards of the average citizen in the community of residence. The Service is not limited to reviewing the applicant's conduct during the five years immediately preceding the filing of the application, but may take into consideration, as a basis for its determination, the applicant's conduct and acts at any time prior to that period, if the conduct of the applicant during the statutory period does not reflect that there has been reform of character from an earlier period or if the earlier conduct and acts appear relevant to a determination of the applicant's present moral character. (b) Finding of a lack of good moral character. (i) Convicted of murder at any time; or (ii) Convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. (2) An applicant shall be found to lack good moral character if during the statutory period the applicant: (i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act; (ii) Committed two or more offenses for which the applicant was convicted and the aggregate sentence actually imposed was five years or more, provided that, if the offense was committed outside the United States, it was not a purely political offense; (iii) Violated any law of the United States, any State, or any foreign country relating to a controlled substance, provided that the violation was not a single offense for simple possession of 30 grams or less of marijuana; (iv) Admits committing any criminal act covered by paragraphs (b)(2) (i), (ii), or (iii) of this section for which there was never a formal charge, indictment, arrest, or conviction, whether committed in the United States or any other country; (v) Is or was confined to a penal institution for an aggregate of 180 days pursuant to a conviction or convictions (provided that such confinement was not outside the United States due to a conviction outside the United States for a purely political offense); (vi) Has given false testimony to obtain any benefit from the Act, if the testimony was made under oath or affirmation and with an intent to obtain an immigration benefit; this prohibition applies regardless of whether the information provided in the false testimony was material, in the sense that if given truthfully it would have rendered ineligible for benefits either the applicant or the person on whose behalf the applicant sought the benefit; (vii) Is or was involved in prostitution or commercialized vice as described in section 212(a)(2)(D) of the Act; (viii) Is or was involved in the smuggling of a person or persons into the United States as described in section 212(a)(6)(E) of the Act; (ix) Has practiced or is practicing polygamy; (x) Committed two or more gambling offenses for which the applicant was convicted; (xi) Earns his or her income principally from illegal gambling activities; or (xii) Is or was a habitual drunkard. (3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant: (i) Willfully failed or refused to support dependents; (ii) Had an extramarital affair which tended to destroy an existing marriage; or (iii) Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of § 316.10(b) (1) or (2). (c) Proof of good moral character in certain cases Effect of probation or parole. (2) Full and unconditional executive pardon Before the statutory period. (ii) During the statutory period. (3) Record expungement Drug offenses. (ii) Moral turpitude. [56 FR 50484, Oct. 7, 1991, as amended at 58 FR 49913, Sept. 24, 1993] § 316.11 Attachment to the Constitution; favorable disposition towards the good order and happiness. (a) General. (b) Advocacy of peaceful change. (c) Membership in the Communist Party or any other totalitarian organization. § 316.12 Applicant's legal incompetency during statutory period. (a) General. (b) Legal incompetence. (1) There is a presumption that the applicant's good moral character, attachment, and favorable disposition which existed prior to the period of legal incompetency continued through that period. The Service may, however, consider an applicant's actions during a period of legal incompetence, as evidence tending to rebut this presumption. (2) If the applicant has been declared legally incompetent, the applicant has the burden of establishing that legal competency has been restored. The applicant shall submit legal and medical evidence to determine and establish the claim of legal competency. (3) The applicant shall bear the burden of establishing that any crimes committed, regardless of whether the applicant was convicted, occurred while the applicant was declared legally incompetent. § 316.13 [Reserved] § 316.14 Adjudication—examination, grant, denial. (a) Examination. (b) Determination Grant or denial. (2) Appeal. §§ 316.15-316.19 [Reserved] § 316.20 American institutions of research, public international organizations, and designations under the International Immunities Act. (a) American institutions of research. African Medical and Research Foundation (AMREF-USA). Albert Einstein College of Medicine of Yeshiva University (only in relationship to its research programs). American Friends of the Middle East, Inc. American Institutes of Research in the Behavioral Sciences (only in relationship to research projects abroad). American Universities Field Staff, Inc. American University, The, Cairo, Egypt. American University of Beirut (Near East College Associations). Arctic Institute of North America, Inc. Armour Research Foundation of Illinois Institute of Technology. Asia Foundation, The (formerly Committee for a Free Asia, Inc.). Association of Universities for Research in Astronomy (AURA, Inc.), Tucson, AZ. Atomic Bomb Casualty Commission. Beirut University College. Bermuda Biological Station for Research, Inc. Bernice P. Biship Museum of Polynesian Antiquities, Ethnology and Natural History at Honolulu, HI. Brookhaven National Laboratory, Associated Universities, Inc. Brown University (Department of Engineering), Providence, RI. Buffalo Eye Bank and Research Society, Inc. Burma Office of Robert N. Nathan Associates, Inc. California State University at Long Beach, Department of Geological Sciences. Carleton College (Department of Sociology and Anthropology), Northfield, MN. Center of Alcohol Studies, Laboratory of Applied Biodynamics of Yale University. Central Registry of Jewish Losses in Egypt. College of Engineering, University of Wisconsin. College of Medicine, State University of New York. Colorado State University (Research Foundation), Fort Collins, CO. Colorado University (International Economic Studies Center), Boulder, CO. Columbia University (Parker School of Foreign and Comparative Law) and (Faculty of Pure Science), New York, NY. Cornell University (International Agricultural Development, University of the Philippines-Cornell University Graduate Education Program). Dartmouth Medical School. Department of French, Department of Scandinavian Languages, and Department of Near Eastern Languages of the University of California, Berkeley, CA. Duke University. Environmental Research Laboratory of the University of Arizona. Fletcher School of Law and Diplomacy, Medford, MA. Ford Foundation, 477 Madison Avenue, New York, NY. Free Europe, Inc. (formerly Free Europe Committee, Inc.; National Committee for a Free Europe (including Radio Free Europe)). Georgetown University. George Williams Hooper Foundation, San Francisco Medical Center, University of California, San Francisco, CA. Gorgas Memorial Institute of Tropical and Preventive Medicine, Inc., and its operating unit, the Gorgas Memorial Laboratory. Graduate Faculty of Political and Social Science Division of the New School for Social Research, New York, NY. Harvard University (research and educational programs only) Harvard-Yenching Institute. Humboldt State University, School of Natural Resources, Wildlife Management Department. Indiana University at Bloomington, Indianapolis, South Bend, Northwest, Kokomo, Southeast, East, and Fort Wayne Institute for Development Anthropology, Inc. Institute of International Education, Inc. Institute of International Studies, University of California, Berkeley, CA. International Center for Social Research, New York, NY. International Development Foundation, Inc. International Development Services, Inc. International Research Associates, Inc. Inter-University Program for Chinese Language Studies (formerly Stanford Center for Chinese Studies) in Taipei, Taiwan. Iowa State University. Iran Foundation, Inc., The. Kossuth Foundation, Inc., The, New York, NY. Louisiana State University. Massachusetts Institute of Technology. Michigan State University, East Lansing, MI. Missouri Botanical Garden (research and educational programs only) Natural Science Foundation, Philadelphia, PA. New York Zoological Society. Paderewski Foundation, Inc. Peabody Museum of Natural History of Yale University. People to People Health Foundation, Inc., The (only in relationship to the scientific research activities that will be carried on abroad by the medical staff of the SS “Hope”). Pierce College (in relationship to research by an instructor, Department of Psychology), Athens, Greece. Population Council, The, New York, NY. Radio Liberty Committee, Inc. (formerly American Committee for Liberation, Inc.; American Committee for Liberation of the Peoples of Russia, Inc.; American Committee for Liberation from Bolshevism, Inc.). Rockefeller Foundation. Rutgers University, the State University of New Jersey School of International Relations of the University of Southern California. SIRIMAR (Societa Internazionale Recerche Marine) Division, Office of the Vice President for Research, Pennsylvania State University. Social Science Research Council. Solar Energy Research Institute (SERI). Stanford Electronic Laboratories, Department of Electrical Engineering, School of Engineering, Stanford University, Stanford, CA. Stanford Research Institute, Menlo Park, CA. Stanford University (the George Vanderbilt Foundation), Stanford, CA. Syracuse University. Tulane University Graduate School. Tulane University Medical School. University of Alabama. University of Alabama Medical Center. University of Chicago (as a participant in the International Cooperation Administration Program No. W-74 only). University of Colorado (Department of History), Boulder, CO. University of Connecticut, College of Liberal Arts and Science (Department of Germanic and Slavic Languages). University of Hawaii, Honolulu, HI. University of Ilinois at Urbana-Champaign, Austria-Illinois Exchange Program. University of Kansas, Office of International Programs. University of La Verne (La Verne College of Athens) University of Michigan (School of Natural Resources), Ann Arbor, MI. University of Minnesota, Department of Plant Pathology (in relationship to research project abroad). University of Nebraska Mission in Columbia, South America. University of North Carolina at Chapel Hill. University of Notre Dame, Notre Dame, IN. University of Puerto Rico. University of Washington (Department of Marketing, Transportation, and International Business) and (The School of Public Health and Community Medicine), Seattle, WA. Wayne State University, Detroit, MI. Wenner-Gren Foundation for Anthropological Research, Inc. Williams College, Economic Department, Williamstown, MA. (b) Public international organizations of which the United States is a member by treaty or statute. The North Atlantic Treaty Organization. United Nations and all agencies and organizations which are a part thereof. (c) International Organizations Immunities Act designations. African Development Bank (E.O. 12403, Feb. 8, 1983). African Development Fund (E.O. 11977, Mar. 14, 1977). Asian Development Bank (E.O. 11334, Mar. 7, 1967). Caribbean Organization (E.O. 10983, Dec. 30, 1961). Criminal Police Organization (E.O. 12425, June 16, 1983). Customs Cooperation Council (E.O. 11596, June 5, 1971). European Space Research Organization (ESRO) (E.O. 11760, Jan. 17, 1974). Food and Agriculture Organization, The (E.O. 9698, Feb 19, 1946). Great Lakes Fishery Commission (E.O. 11059, Oct. 23, 1962). Inter-American Defense Board (E.O. 10228, Mar. 26, 1951). Inter-American Development Bank (E.O. 10873, Apr. 8, 1960). Inter-American Institute for Cooperation on Agriculture (E.O. 9751, July 11, 1946). Inter-American Statistical Institute (E.O. 9751, July 11, 1946). Inter-American Tropical Tuna Commission (E.O. 11059, Oct. 23, 1962). Intergovernmental Committee for European Migration (formerly the Provisional Intergovernmental Committee for the Movement of Migrants from Europe) (E.O. 10335, Mar. 28, 1952). Intergovernmental Maritime Consultative Organization (E.O. 10795, Dec. 13, 1958). International Atomic Energy Agency (E.O. 10727, Aug. 31, 1957). International Bank for Reconstruction and Development (E.O. 9751, July 11, 1946). International Centre for Settlement of Investment Disputes (E.O. 11966, Jan. 19, 1977). International Civil Aviation Organization (E.O. 9863, May 31, 1947). International Coffee Organization (E.O. 11225, May 22, 1965). International Cotton Advisory Committee (E.O. 9911, Dec. 19, 1947). International Development Association (E.O. 11966, Jan. 19, 1977). International Fertilizer Development Center (E.O. 11977, Mar. 14, 1977). International Finance Corporation (E.O. 10680, Oct. 2, 1956). International Food Policy Research Institute (E.O. 12359, Apr. 22, 1982). International Hydrographic Bureau (E.O. 10769, May 29, 1958). International Institute for Cotton (E.O. 11283, May 27, 1966). International Joint Commission—United States and Canada (E.O. 9972, June 25, 1948). International Labor Organization, The (functions through staff known as The International Labor Office) (E.O. 9698, Feb. 19, 1946). International Maritime Satellite Organization (E.O. 12238, Sept. 12, 1980). International Monetary Fund (E.O. 9751, July 11, 1946). International Pacific Halibut Commission (E.O. 11059, Oct. 23, 1962). International Secretariat for Volunteer Service (E.O. 11363, July 20, 1967). International Telecommunication Union (E.O. 9863, May 31, 1947). International Telecommunications Satellite Organization (INTELSAT) (E.O. 11718, May 14, 1973). International Wheat Advisory Committee (E.O. 9823, Jan. 24, 1947). Multinational Force and Observers (E.O. 12359, Apr. 22, 1982). Organization for European Economic Cooperation (E.O. 10133, June 27, 1950) (Now known as Organization for Economic Cooperation and Development; 28 FR 2959, Mar. 26, 1963). Organization of African Unity (OAU) (E.O. 11767, Feb. 19, 1974). Organization of American States (includes Pan American Union) (E.O. 10533, June 3, 1954). Pan American Health Organization (includes Pan American Sanitary Bureau) (E.O. 10864, Feb. 18, 1960). Preparatory Commission of the International Atomic Energy Agency (E.O. 10727, Aug. 31, 1957). Preparatory Commission for the International Refugee Organization and its successor, the International Refugee Organization (E.O. 9887, Aug. 22, 1947). South Pacific Commission (E.O. 10086, Nov. 25, 1949). United International Bureau for the Protection of Intellectual Property (BIRPI) (E.O. 11484, Sept. 29, 1969). United Nations, The (E.O. 9698, Feb. 19, 1946). United Nations Educational, Scientific, and Cultural Organizations (E.O. 9863, May 31, 1947). Universal Postal Union (E.O. 10727, Aug. 31, 1957). World Health Organization (E.O. 10025, Dec. 30, 1948). World Intellectual Property Organization (E.O. 11866, June 18, 1975). World Meteorological Organization (E.O. 10676, Sept. 1, 1956). [32 FR 9634, July 4, 1967] Editorial Note: For Federal Register www.govinfo.gov.