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Codified Statutes
- U.S. Code
- TITLE 8 — ALIENS AND NATIONALITY
- CHAPTER 12 — IMMIGRATION AND NATIONALITY(§§ 1101 to 1537)
- SUBCHAPTER III — NATIONALITY AND NATURALIZATION(§§ 1401 to 1504)
- PART I — Nationality at Birth and Collective Naturalization(§§ 1401 to 1409)
8 U.S.C. § 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.
June 27, 1952, ch. 477, title III, ch. 1, Sec. 308, 66 Stat. 238; Pub. L. 99-396, Sec. 15(a), Aug. 27, 1986, 100 Stat. 842; Pub. L. 100-525, Sec. 3(2), Oct. 24, 1988, 102 Stat. 2614.
AMENDMENTS
1988—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).
EFFECTIVE DATE OF 1988 AMENDMENT
Pub. L. 100-525, Sec. 3, Oct. 24, 1988, 102 Stat. 2614, provided that the amendment made by that section is effective as if included in
the enactment of Pub. L. 99-396.
EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99-396, Sec. 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. "