
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1408]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
             SUBCHAPTER III--NATIONALITY AND NATURALIZATION
 
       Part I--Nationality at Birth and Collective Naturalization
 
Sec. 1408. Nationals but not citizens of the United States at 
        birth
        
    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.

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.

(June 27, 1952, ch. 477, title III, ch. 1, Sec. 308, 66 Stat. 238; Pub. 
L. 99-396, Sec. 15(a), Aug. 27, 1986, 100 Stat. 842; Pub. L. 100-525, 
Sec. 3(2), Oct. 24, 1988, 102 Stat. 2614.)


                               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).


                    Effective Date of 1988 Amendment

    Section 3 of Pub. L. 100-525 provided that the amendment made by 
that section is effective as if included in the enactment of Pub. L. 99-
396.


                    Effective Date of 1986 Amendment

    Section 15(b) of Pub. L. 99-396 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 1409 of this title.
