Unless otherwise provided in section 1401 of this title, the following shall be nationals, but not citizens, of the United States at birth:
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.
8 U.S.C. § 1408
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 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."
- State
- The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
- alien
- The term "alien" means any person not a citizen or national of the United States.
- national of the United States
- The term "national of the United States" means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
- national
- The term "national" means a person owing permanent allegiance to a state.
- person
- The term "person" means an individual or an organization.
- residence
- The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.