2012 US Code
Title 8 - Aliens and Nationality
Chapter 12 - IMMIGRATION AND NATIONALITY (§§ 1101 - 1537)
Subchapter III - NATIONALITY AND NATURALIZATION (§§ 1401 - 1504)
Part I - Nationality at Birth and Collective Naturalization (§§ 1401 - 1409)
Section 1408 - Nationals but not citizens of the United States at birth

View Metadata

Metadata

Publication TitleUnited States Code, 2012 Edition, Title 8 - ALIENS AND NATIONALITY
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER III - NATIONALITY AND NATURALIZATION
Part I - Nationality at Birth and Collective Naturalization
Sec. 1408 - Nationals but not citizens of the United States at birth
Containssection 1408
Date2012
Laws in Effect as of DateJanuary 15, 2013
Positive LawNo
Dispositionstandard
Source CreditJune 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.
Statutes at Large References66 Stat. 238
100 Stat. 842, 843
102 Stat. 2614
Public Law ReferencesPublic Law 99-396, Public Law 100-525

Download PDF

Nationality at Birth and Collective Naturalization - 8 U.S.C. § 1408 (2012)

§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, §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.)

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, §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.”

Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.