Title 8Aliens and NationalityRelease 119-73

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

Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER III— - NATIONALITY AND NATURALIZATION › Part Part I— - Nationality at Birth and Collective Naturalization › § 1408

Last updated Apr 6, 2026|Official source

Summary

Unless another rule applies, the law says who is a U.S. national at birth but not a U.S. citizen. It covers four groups. First, anyone born in a U.S. outlying possession on or after the day the United States officially acquired it. Second, anyone born abroad whose two parents were both U.S. nationals (not citizens) and who had lived in the United States or a U.S. outlying possession before the birth. Third, a child under five of unknown parents found in a U.S. outlying possession, treated as a national until proven before age 21 that they were not born there. Fourth, someone born abroad to one alien parent and one U.S. national (not a citizen) parent who, before the birth, had been physically present in the U.S. or its outlying possessions for at least seven years within any continuous ten-year period; during that period the national parent was not absent for more than one continuous year, and at least five of those years were after the parent turned 14.

Full Legal Text

Title 8, §1408

Aliens and Nationality — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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).

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

Reference

Citations & Metadata

Citation

8 U.S.C. § 1408

Title 8Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73