§ 1408. Nationals but not citizens of the United States at birth

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1952
Pub. L. 82–477 · 66 Stat. 609
Enacted · 8 U.S.C. § 1408
June 27, 1952, ch. 477, title III, ch. 1, § 308, 66 Stat. 238
Source evidence
Code source credit
June 27, 1952, ch. 477, title III, ch. 1, § 308, 66 Stat. 238
1986
Pub. L. 99–396 § 15(a) · 100 Stat. 837
1. Amended · 8 U.S.C. § 1408(4)
  Pub. L. 99–396, as amended by Pub. L. 100–525
2. Added · 8 U.S.C. § 1408(4)
  Pub. L. 99–396, as added par. (4)
Source evidence
Code amendment note
Par. (4). Pub. L. 99–396, as amended by Pub. L. 100–525, added par. (4).
Enacted provision · exact public law section
(a) Section 308 of the Immigration and Nationality Act (8 Nationality. U.S.C. 1408) is amended by adding at the end the following new paragraph: “(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 301(g) shall apply to the national parent 8 USC 1401. under this paragraph in the same manner as it applies to the citizen parent under that section.”.
Effective date note
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.
1988
Immigration Technical Corrections Act of 1988
Pub. L. 100–525 § 3(2) · 102 Stat. 2609
Amended · 8 U.S.C. § 1408(4)
Pub. L. 100–525 amended Pub. L. 99–396. See 1986 Amendment note below
Source evidence
Code amendment note
Par. (4). Pub. L. 100–525 amended Pub. L. 99–396. See 1986 Amendment note below.
Enacted provision · exact public law section
(2) Section 15 of such Act is amended by inserting after “is amended” the following: “by striking out ‘and’ at the end of paragraph (2), by striking out the period at the end of paragraph (3) and inserting in lieu thereof and’, and”.
Effective date note
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.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1986–1988 · 2 rounds

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).

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
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“(2)
the person shall not be eligible to vote in any general election in American Samoa earlier than January 1, 1987.”
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Credits

1952–1988 · 3 acts

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

Show as published

(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.)