Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER III— - NATIONALITY AND NATURALIZATION › Part Part I— - Nationality at Birth and Collective Naturalization › § 1408
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
Aliens and Nationality — Source: USLM XML via OLRC
Legislative History
Reference
Citation
8 U.S.C. § 1408
Title 8 — Aliens and Nationality
Last Updated
Apr 6, 2026
Release point: 119-73