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8 U.S.C. § 1408 — Nationals but not citizens of the United States at birth
Federal law — U.S. Code and appendices · legal_authorities
Unless otherwise provided in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401/g&num=0&edition=prelim) shall apply to the national parent under this paragraph in the same manner as it applies to the citizen parent under that section.
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Stable record: federal_law:legal_authorities:record_usc_74bf7f1191c9db88b98f58b0
Source file: Laws/federal/codes/united-states-code/title-8/section-1408-nationals-but-not-citizens-of-the-united-states-at-birth--1b1e8e2725.md
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Passage SHA-256: 7c7427c863244ef4c10698d834f569973ce3bf6f0adffa5a337de7bf75214e65
Source location: Title 8, Chapter 12, § 1408; chapter-012-immigration-and-nationality.md
Stored source content
Unless otherwise provided in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401/g&num=0&edition=prelim) shall apply to the national parent under this paragraph in the same manner as it applies to the citizen parent under that section.
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Federal law — U.S. Code and appendices · legal_authorities
The following shall be nationals and citizens of the United States at birth:
**(a)** a person born in the United States, and subject to the jurisdiction thereof;
**(b)** a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
**(c)** a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
**(d)** a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
**(e)** a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
**(f)** a person of unknown parentage found in 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 the United States;
**(g)** a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Appropriate congressional committees** — The term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, the Committee on Armed Services, and the Select Committee on Intelligence of the United States Senate; and
(B) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) **United States national** — The term “United States national” means—
(A) a United States national as defined in section 1101(a)(22) or [section 1408 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim); and
(B) a lawful permanent resident alien with significant ties to the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1741e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsection (b), a documented vessel may be placed under the command only of a citizen or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act ([8 U.S.C. 1408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim))) of the United States.
**(b) Exceptions.—** Subsection (a) does not apply to—
(1) a vessel with only a recreational endorsement; or
(2) an unmanned barge operating outside of the territorial waters of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12131
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Federal law — U.S. Code and appendices · legal_authorities
A certificate of documentation or an endorsement on the certificate is invalid if the vessel for which it is issued—
(1) no longer meets the requirements of this chapter and regulations prescribed under this chapter applicable to the certificate or endorsement; or
(2) is placed under the command of an individual not a citizen or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act ([8 U.S.C. 1408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim))) of the United States in violation of [section 12131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12135
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Federal law — U.S. Code and appendices · legal_authorities
Licenses and certificates of registry for individuals on documented vessels may be issued only to citizens or noncitizen nationals (as such term is described in section 308 of the Immigration and Nationality Act ([8 U.S.C. 1408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim))) of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 7102
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Federal law — U.S. Code and appendices · legal_authorities
An individual applying for a merchant mariner’s document shall provide satisfactory proof that the individual is a citizen or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act ([8 U.S.C. 1408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim))) of the United States before that notation is made on the document.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 7304
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this title, only a citizen or noncitizen national of the United States may serve as master, chief engineer, radio officer, or officer in charge of a deck watch or engineering watch on a documented vessel.
**(b)**
(1) Except as otherwise provided in this section, on a documented vessel—
(A) each unlicensed seaman must be—
(i) a citizen or noncitizen national of the United States;
(ii) an alien lawfully admitted to the United States for permanent residence; or
(iii) a foreign national who is enrolled in the United States Merchant Marine Academy; and
(B) not more than 25 percent of the total number of unlicensed seamen on the vessel may be aliens lawfully admitted to the United States for permanent residence.
(2) Paragraph (1) of this subsection does not apply to—
(A) a yacht;
(B) a fishing vessel fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802&num=0&edition=prelim))); and
(C) a fishing vessel fishing outside of the exclusive economic zone.
(3) The Secretary may waive a citizenship or noncitizen nationality requirement under this section, other than a requirement that applies to the master of a documented vessel, with respect to—
(A) an offshore supply vessel or other similarly engaged vessel of less than 1,600 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 8103
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The provisions of paragraphs (c), (d), (e), and (g) of [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401&num=0&edition=prelim), and of paragraph (2) of [section 1408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim), shall apply as of the date of birth to a person born out of wedlock if—
(1) a blood relationship between the person and the father is established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of the person’s birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years—
(A) the person is legitimated under the law of the person’s residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
**(b)** Except as otherwise provided in section 405 of this Act, the provisions of [section 1401(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401/g&num=0&edition=prelim) shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
**(c)** Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if th
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1409
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Federal law — U.S. Code and appendices · legal_authorities
Page 484
TITLE 8—ALIENS AND NATIONALITY
§ 1408
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (c), was in the
original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477,
66 Stat. 163, known as the Immigration and Nationality
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title
and Tables.
§ 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
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1408
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.