§1408 Nationals but Not Citizens of the United States at Birth

Summary

Makes someone a U.S. national (but not a U.S. citizen) at birth in certain cases. A person born in a U.S. outlying possession on or after the date the U.S. formally acquired it is a national. A person born abroad to two parents who are both U.S. nationals (but not citizens) is a national if those parents lived in the United States or an outlying possession before the birth. A child under five found in an outlying possession is a national until, before turning 21, it is shown they were not born there. A child born abroad to one alien parent and one national (not a citizen) is a national if the national parent was physically present in the U.S. or an outlying possession for at least seven years within any continuous ten-year period, with no single absence over one year during that time, and at least five of those years after the parent turned 14. A rule that applies to citizen parents elsewhere in the law also applies the same way to the national parent.