Title 8Aliens and NationalityRelease 119-73

§1407 Persons living in and born in Guam

Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER III— - NATIONALITY AND NATURALIZATION › Part Part I— - Nationality at Birth and Collective Naturalization › § 1407

Last updated Apr 6, 2026|Official source

Summary

People who lived in Guam on April 11, 1899—including those who were Spanish subjects then—and their children born after that date became U.S. citizens on August 1, 1950 if, on August 1, 1950, they were living in Guam or another territory under U.S. control and had not taken steps to keep or get a foreign nationality. Anyone born in Guam on or after April 11, 1899 who is under U.S. authority is a U.S. citizen. If born before August 1, 1950, they must not have taken steps to preserve or acquire foreign nationality. People who were citizens or nationals of another country and wanted to keep that status had to make a sworn declaration by August 1, 1952 in the required form; after doing so they would not be treated as U.S. nationals under this law.

Full Legal Text

Title 8, §1407

Aliens and Nationality — Source: USLM XML via OLRC

(a)The following persons, and their children born after April 11, 1899, are declared to be citizens of the United States as of August 1, 1950, if they were residing on August 1, 1950, on the island of Guam or other territory over which the United States exercises rights of sovereignty:
(1)All inhabitants of the island of Guam on April 11, 1899, including those temporarily absent from the island on that date, who were Spanish subjects, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality; and
(2)All persons born in the island of Guam who resided in Guam on April 11, 1899, including those temporarily absent from the island on that date, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality.
(b)All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are declared to be citizens of the United States: Provided, That in the case of any person born before August 1, 1950, he has taken no affirmative steps to preserve or acquire foreign nationality.
(c)Any person hereinbefore described who is a citizen or national of a country other than the United States and desires to retain his present political status shall have made, prior to August 1, 1952, a declaration under oath of such desire, said declaration to be in form and executed in the manner prescribed by regulations. From and after the making of such a declaration any such person shall be held not to be a national of the United States by virtue of this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (c), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1101 of this title and Tables.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1407

Title 8Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73