republic-os/legal/us/code/title-08/chapter-12/section-1408.md

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LegalText	8 U.S.C. § 1408	Nationals but not citizens of the United States at birth	us	united_states_code	code_section	8	ALIENS AND NATIONALITY	12	IMMIGRATION AND NATIONALITY	1408	8 U.S.C. § 1408	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip	/us/usc/t8/s1408	data/legal/raw/us/code/title-08/usc08.xml	e1f632555bac051665a247785157bfbd009a6043ae0e6ac32b0d3a842aa1efc8	18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c	6e062fc496c1addf2c7ed4ec8216cb1f5b3c743684286ecb6af7c6fa58609d04	2026-07-04	official	legal us-code

8 U.S.C. § 1408 - Nationals but not citizens of the United States at birth

Text

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.)

Notes

Editorial Notes

Amendments1988—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 AmendmentPub. 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 AmendmentPub. 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.”