8 U.S.C. § 1408

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1408 - Nationals but not citizens of the United States at birth

Unless otherwise provided in section 1401 of this title, the following shall be nationals, but not citizens, of the United States at birth:

(1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession;

(2) A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have had a residence in the United States, or one of its outlying possessions prior to the birth of such person;

(3) A person of unknown parentage found in an outlying possession of the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in such outlying possession; and

(4) A person born outside the United States and its outlying possessions of parents one of whom is an alien, and the other a national, but not a citizen, of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than seven years in any continuous period of ten years-

(A) during which the national parent was not outside the United States or its outlying possessions for a continuous period of more than one year, and

(B) at least five years of which were after attaining the age of fourteen years.

The proviso of section 1401(g) of this title shall apply to the national parent under this paragraph in the same manner as it applies to the citizen parent under that section.

8 U.S.C. § 1408

June 27, 1952, ch. 477, title III, ch. 1, §308, 66 Stat. 238; Pub. L. 99-396, §15(a), Aug. 27, 1986, 100 Stat. 842; Pub. L. 100-525, §3(2), Oct. 24, 1988, 102 Stat. 2614.

EDITORIAL NOTES

AMENDMENTS1988-Par. (4). Pub. L. 100-525 amended Pub. L. 99-396. See 1986 Amendment note below.1986-Par. (4). Pub. L. 99-396 as amended by Pub. L. 100-525 added par. (4).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100-525, §3, Oct. 24, 1988, 102 Stat. 2614, provided that the amendment made by section 3 is effective as if included in the enactment of Pub. L. 99-396.

EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99-396, §15(b), Aug. 27, 1986, 100 Stat. 843, provided that: "The amendment made by subsection (a) [amending this section] shall apply to persons born before, on, or after the date of the enactment of this Act [Aug. 27, 1986]. In the case of a person born before the date of the enactment of this Act-"(1) the status of a national of the United States shall not be considered to be conferred upon the person until the date the person establishes to the satisfaction of the Secretary of State that the person meets the requirements of section 308(4) of the Immigration and Nationality Act [par. (4) of this section], and "(2) the person shall not be eligible to vote in any general election in American Samoa earlier than January 1, 1987."

State: The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
alien: The term "alien" means any person not a citizen or national of the United States.
national of the United States: The term "national of the United States" means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
national: The term "national" means a person owing permanent allegiance to a state.
person: The term "person" means an individual or an organization.
residence: The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.