8 U.S.C. § 1402 — Persons born in Puerto Rico on or after

Page 482 TITLE 8—ALIENS AND NATIONALITY § 1401b (Mar. 16, 1956, ch. 85, 70 Stat. 50; Pub. L. 97–116, § 18(u)(2), Dec. 29, 1981, 95 Stat. 1621.) Editorial Notes REFERENCES IN TEXT Section 201(g) and (i) of the Nationality Act of 1940, referred to in text, which were repealed by act June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952, provided as follows: ‘‘The following shall be nationals and citizens of the United States at birth: * * * * * ‘‘(g) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who, prior to the birth of such per- son, has had ten years’ residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of sixteen years, the other being an alien: Provided, That, in order to retain such citizenship, the child must reside in the United States or its outlying possessions for a period or periods total- ing five years between the ages of thirteen and twenty- one years: Provided further, That, if the child has not taken up a residence in the United States or its out- lying possessions by the time he reaches the age of six- teen years, or if he resides abroad for such a time that it becomes impossible for him to complete the five years’ residence in the United States or its outlying possessions before reaching the age of twenty-one years, his American citizenship shall thereupon cease. ‘‘The preceding provisos shall not apply to a child born abroad whose American parent is at the time of the child’s birth residing abroad solely or principally in the employment of the Government of the United States or a bona fide American, educational, scientific, philanthropic, religious, commercial, or financial orga- nization, having its principal office or place of business in the United States, or an international agency of an official character in which the United States partici- pates, for which he receives a substantial compensa- tion: * * * * * ‘‘(i) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who has served or shall serve hon- orably in the armed forces of the United States after December 7, 1941, and before the date of the termi- nation of hostilities in the present war as proclaimed by the President or determined by a joint resolution by the Congress and who, prior to the birth of such person, has had ten years’ residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of twelve years, the other being an alien: Provided, That in order to retain such citizen- ship, the child must reside in the United States or its outlying possessions for a period or periods totaling five years between the ages of thirteen and twenty-one years: Provided further, That, if the child has not taken up a residence in the United States or its outlying pos- sessions by the time he reaches the age of sixteen years, or if he resides abroad for such a time that it be- comes impossible for him to complete the five years’ residence in the United States or its outlying posses- sions before reaching the age of twenty-one years, his American citizenship shall thereupon cease.’’ CODIFICATION Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. AMENDMENTS 1981—Pub. L. 97–116 substituted ‘‘Section 1401(g)’’ for ‘‘Section 1401(a)(7)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title. § 1401b. Repealed. Pub. L. 92–584, § 2, Oct. 27, 1972, 86 Stat. 1289 Section, Pub. L. 85–316, § 16, Sept. 11, 1957, 71 Stat. 644, provided that absence from the United States of less than twelve months would not break the continuity of presence in the administration of section 1401(b) of this title. See section 1401(b) of this title. § 1402. Persons born in Puerto Rico on or after April 11, 1899 All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, sub- ject to the jurisdiction of the United States, re- siding on January 13, 1941, in Puerto Rico or other territory over which the United States ex- ercises rights of sovereignty and not citizens of the United States under any other Act, are de- clared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens of the United States at birth. (June 27, 1952, ch. 477, title III, ch. 1, § 302, 66 Stat. 236.) § 1403. Persons born in the Canal Zone or Repub- lic of Panama on or after February 26, 1904 (a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose fa- ther or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States. (b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Com- pany, or its successor in title, is declared to be a citizen of the United States. (June 27, 1952, ch. 477, title III, ch. 1, § 303, 66 Stat. 236.) Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Inter- course. The effective date of this chapter, referred to in text, is the 180th day immediately following June 27, 1952. See section 407 of act June 27, 1952, set out as an Effec- tive Date note under section 1101 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Panama Railroad Company redesignated Panama Canal Company by act Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038. References to Panama Canal Company in laws of the United States are deemed to refer to Pan-