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8 U.S.C. § 1401Nationals and citizens of United States at birth

submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 567 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lists people who are United States nationals and citizens at birth. The listed categories include people born in the United States, certain people born abroad to citizen parents, and specified older birth cases.

The following people are United States nationals and citizens at birth: (a) A person born in the United States and subject to its jurisdiction. (b) A person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe. Granting citizenship under this subsection does not impair or otherwise affect the person’s right to tribal or other property. (c) A person born outside the United States and its outlying possessions when both parents are United States citizens and one parent lived in the United States or an outlying possession before the person’s birth. (d) A person born outside the United States and its outlying possessions when one parent is a United States citizen who was physically present in the United States or an outlying possession continuously for one year before the birth, and the other parent is a United States national but not a citizen. (e) A person born in a United States outlying possession when one parent is a United States citizen who was physically present in the United States or an outlying possession continuously for one year at any time before the birth. (f) A person of unknown parentage found in the United States while under five years old, unless, before reaching age 21, it is shown that the person was not born in the United States. (g) A person born outside the geographic United States and its outlying possessions when one parent is an alien and the other is a United States citizen who, before the birth, was physically present in the United States or its outlying possessions for at least five total years, including at least two years after reaching age 14. Periods of honorable service in the United States Armed Forces, employment with the United States Government or an international organization as defined in section 288 of title 22, and time the citizen parent was abroad as the dependent unmarried son or daughter and household member of a person honorably serving in the Armed Forces or employed by the Government or such an organization may count toward the physical-presence requirement. This proviso applies to people born on or after December 24, 1952, as though it had taken effect in its present form on that date. (h) A person born before noon, Eastern Standard Time, on May 24, 1934, outside the limits and jurisdiction of the United States to an alien father and a mother who is a United States citizen, if the mother lived in the United States before the birth.
the actual law source: uscode.house.gov ↗public domain

The following shall be nationals and citizens of the United States at birth:

(a)

a person born in the United States, and subject to the jurisdiction thereof;

(b)

a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c)

a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d)

a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e)

a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f)

a person of unknown parentage found in 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 the United States;

(g)

a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other 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 five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h)

a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

Source credit: (June 27, 1952, ch. 477, title III, ch. 1, § 301, 66 Stat. 235; Pub. L. 89–770, Nov. 6, 1966, 80 Stat. 1322; Pub. L. 92–584, §§ 1, 3, Oct. 27, 1972, 86 Stat. 1289; Pub. L. 95–432, §§ 1, 3, Oct. 10, 1978, 92 Stat. 1046; Pub. L. 99–653, § 12, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 103–416, title I, § 101(a), Oct. 25, 1994, 108 Stat. 4306.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 235
  • 1966Amended · Pub. L. 89-770 · 80 Stat. 1322
  • 1972Amended · Pub. L. 92-584 · 86 Stat. 1289
  • 1978Amended · Pub. L. 95-432 · 92 Stat. 1046
  • 1986Amended · Pub. L. 99-653 · 100 Stat. 3657
  • 1994Amended · Pub. L. 103-416 · 108 Stat. 4306

A history note hasn’t been published yet. The record shows enactment by ch. 477 on 1952-06-27.

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