Complete Guide to INA 316 in the U.S.

Every year, millions of people get naturalized in the United States by fulfilling the requirements laid out by American law. This is the only way immigrants gain U.S. citizenship and become Americans. The requirements for naturalization are discussed in INA Section 316 thoroughly. It helps the judges decide whether or not someone should be granted American citizenship. In this article, we’ll inform you about INA 316 section.

What Is the Immigration and Nationality Act?

The Immigration and Nationality Act of 1965, also known as the Hart-Celler Act, governs immigration and nationality law in the United States. It was signed into law by then-President Lyndon B. Johnson and went into effect on June 30^th, 1968; it is still in use today, albeit after several modifications. The INA is Part 8 of the U.S. Code, which covers “Aliens and Nationality.”

The act’s introduction was a radical break from the American immigration system back then, which favored immigration from Northwestern Europe to preserve American homogeneity. The bill extended immigration rules to include people from other regions and races. It also put an end to the national-origins quota, which meant origin, race, and ancestry were no longer the basis for naturalization. The bill also opened doors for skilled workers to become citizens of America.

There’s a seven-category preference system detailed by the INA. This helps the authorities decide who should get priority when applying for naturalization.

However, it is not just for immigrants; INA rules also apply to citizens of America who gain citizenship by birth.

While the entire act is long, you should understand that it outlines the rules for immigration and naturalization in the United States.

What Does INA 316 Say?

Title III of the Immigration and Nationality Act covers nationality and naturalization. Various codes cover specifics; INA 301, for example, details nationals and citizens of the United States at birth, and the final code, INA 361, covers the cancellation of United States passports and consular birth reports. In the middle, INA 316 deals with the requirements of naturalization. Therefore, what specific criteria you need to meet to get naturalized is detailed in this section.

There’s also a similar code, INA 318, that covers the prerequisites to naturalization — the burden of proof. It states the conditions that make people eligible for naturalization.

INA 316 states requirements ranging from physical presence to moral character. When you file Form N-400, Application for Naturalization, the judges will check whether or not you meet all the criteria mentioned in INA 316. Moral character tests and background checks are conducted through a series of interviews. Finally, you take the Oath of Allegiance and become a U.S. citizen.

Other sections deal with specific cases. For example, INA 320 lays out the rules for children born outside the United States to obtain automatic citizenship.

What Are the Eligibility Requirements for Naturalization?

As already mentioned, two codes come into play when determining your eligibility for naturalization. INA 316 is one of them, the other being INA 318. So, let’s explore the general eligibility requirements for naturalization by going over these two sections.

There are seven different categories of requirements you must fulfill to get naturalized. Those are:

1. Residence
2. Absence
3. Physical presence
4. Moral character
5. Determination
6. Persons making extraordinary contributions to national security

Residence

The first category is residence. You must meet certain residential requirements like:

• You’ve resided in the United States and/or in its territories for five years immediately preceding the date of filing the naturalization application and after being lawfully admitted as a permanent resident.
• You have continuously resided in the United States from the date of filing the naturalization application to admission to citizenship.

Absence

Vis-a-vis residence is absence requirements. Some of them are:

• Absence from the United States for more than six months and less than one year during the period between filing the naturalization application and the date of your final hearing will break the continuity of residence requirements. This is unless you can provide evidence to the attorney general that the absence was for valid reasons, and you did not abandon your residence.
• Absence for more than a year from the date of filing the application and the date of your hearing will break the continuity of residence requirement unless you can establish to the attorney general that you are employed by an American firm or organization that engages in international trade and commerce, and the absence was for employment-related matters.

Your spouse and dependents are also subject to the absence requirements if they have been absent from the States for the aforementioned period. But they are also entitled to benefits if you legitimize your absence from the States.

Physical Presence

You are required to have been physically present in the United States for five years prior to the date you filed your application for naturalization unless you can get an exemption under the absence clause.

Moral Character

INA 316 states that if the attorney general makes no findings regarding the possibility of the applicant being deported in the future, then this is conclusive evidence of the person possessing good moral character. In other words, having a good moral character means the person has refrained from committing serious crimes and hence is deemed safe for the citizens of the United States of America. The character test is gauged by background checks and a series of interviews.

Determination

When deciding your naturalization application, the attorney general will take into account your determination to establish a good moral character and other qualifications under INA 316. The attorney general will look beyond the five-year time frame.

Persons Making Extraordinary Contributions to National Security

If you have contributed to the national security of the United States, you’ll be eligible for naturalization even if you do not meet the physical presence and absence requirements. Besides the attorney general, the director of Central Intelligence and the commissioner of Immigration can also recommend your naturalization application. But the number of applicants gaining citizenship through this method is limited to five per fiscal year.

Which Documents and Applications Are Required?

The primary document which you must fill out and submit is N-400, Application for Naturalization. This form must be supplemented with supporting documents to validate the information provided therein. Some of the documents are:

• Green card
• Proof of marital status
• Proof of identity
• Travel records
• Employment records
• Proof of military service (if applicable)
• Proof of medical disability (if applicable)

Conclusion

The applicant must bear the burden of proof and provide all necessary documents. This includes gathering and submitting evidence that he/she was lawfully admitted into the United States. If you have any additional concerns, contact an immigration attorney for guidance.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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