8 U.S.C. § 1408 — Nationals but not citizens of the United States at birth
submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 280 words · no verdicts yet
Unless section 1401 provides otherwise, this section identifies people who are United States nationals but not citizens at birth. It covers people born in outlying possessions, people with national parents, a person of unknown parentage found in an outlying possession, and certain people with one alien parent and one national parent.
Unless section 1401 provides otherwise, the following people are United States nationals but not citizens at birth:
(1) A person born in a United States outlying possession on or after the date the United States formally acquired that possession.
(2) A person born outside the United States and its outlying possessions if both parents are United States nationals but not citizens, and both parents have had a residence* in the United States or one of its outlying possessions before the person’s birth.
(3) A person of unknown parentage who is found in a United States outlying possession while under age 5. The person remains covered until it is shown, before the person turns 21, that the person was not born in that outlying possession.
(4) A person born outside the United States and its outlying possessions if one parent is an alien* and the other parent is a United States national but not a citizen, and the national parent was physically present in the United States or its outlying possessions for at least 7 years in total during one continuous 10-year period before the person’s birth. During that time, the national parent must not have been outside the United States or its outlying possessions for a continuous period of more than 1 year. At least 5 of those years must have been after the parent turned 14. The proviso in section 1401(g) applies to the national parent in the same way it applies to the citizen parent under that section.
Unless otherwise provided in section 1401 of this title, the following shall be nationals, but not citizens, of the United States at birth:
A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession;
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;
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
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—
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
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.
Source credit: (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.)
- 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 238
- 1986Amended · Pub. L. 99-396 · 100 Stat. 842
- 1988Amended · Pub. L. 100-525 · 102 Stat. 2614
A history note hasn’t been published yet. The record shows enactment by ch. 477 on 1952-06-27.
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