8 U.S.C. § 1403 — Persons born in the Canal Zone or Repub-

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Notes REFERENCES IN TEXT Section 201(g) and (i) of the Nationality Act of 1940, referred to in text, which were repealed by act June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff.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- Page 483 TITLE 8—ALIENS AND NATIONALITY § 1407 ama Canal Commission pursuant to section 3602(b)(5) of Title 22, Foreign Relations and Intercourse. § 1404. Persons born in Alaska on or after March 30, 1867 A person born in Alaska on or after March 30, 1867, except a noncitizen Indian, is a citizen of the United States at birth. A noncitizen Indian born in Alaska on or after March 30, 1867, and prior to June 2, 1924, is declared to be a citizen of the United States as of June 2, 1924. An Indian born in Alaska on or after June 2, 1924, is a cit- izen of the United States at birth. (June 27, 1952, ch. 477, title III, ch. 1, § 304, 66 Stat. 237.) Statutory Notes and Related Subsidiaries ADMISSION OF ALASKA AS STATE Alaska Statehood provisions as not repealing, amend- ing, or modifying the provisions of this section, see sec- tion 24 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding former section 21 of Title 48, Territories and Insular Possessions. § 1405. Persons born in Hawaii A person born in Hawaii on or after August 12, 1898, and before April 30, 1900, is declared to be a citizen of the United States as of April 30, 1900. A person born in Hawaii on or after April 30, 1900, is a citizen of the United States at birth. A person who was a citizen of the Republic of Ha- waii on August 12, 1898, is declared to be a cit- izen of the United States as of April 30, 1900. (June 27, 1952, ch. 477, title III, ch. 1, § 305, 66 Stat. 237.) Executive Documents ADMISSION OF HAWAII AS STATE Hawaii Statehood provisions as not repealing, amend- ing, or modifying the provisions of this section, see sec- tion 20 of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 13, set out as a note at the beginning of chapter 3 of Title 48, Ter- ritories and Insular Possessions. § 1406. Persons living in and born in the Virgin Islands (a) The following persons and their children born subsequent to January 17, 1917, and prior to February 25,1927, are declared to be citizens of the United States as of February 25, 1927: (1) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and were residing in those islands or in the United States or Puerto Rico on Feb- ruary 25, 1927, and who did not make the dec- laration required to preserve their Danish citi- zenship by article 6 of the treaty entered into on August 4, 1916, between the United States and Denmark, or who, having made such a declara- tion have heretofore renounced or may hereafter renounce it by a declaration before a court of record; (2) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and were residing in those is- lands or in the United States or Puerto Rico on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign coun- try; (3) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in the United States, and were residing in those islands on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign country; and (4) All natives of the Virgin Islands of the United States who, on June 28, 1932, were resid- ing in continental United States, the Virgin Is- lands of the United States, Puerto Rico, the Canal Zone, or any other insular possession or territory of the United States, and who, on June 28, 1932, were not citizens or subjects of any for- eign country, regardless of their place of resi- dence on January 17, 1917. (b) All persons born in the Virgin Islands of the United States on or after January 17, 1917, and prior to February 25, 1927, and subject to the jurisdiction of the United States are declared to be citizens of the United States as of February 25, 1927; and all persons born in those islands on or after February 25, 1927, and subject to the ju- risdiction of the United States, are declared to be citizens of the United States at birth. (June 27, 1952, ch. 477, title III, ch. 1, § 306, 66 Stat. 237.) § 1407. Persons living in and born in Guam (a) The following persons, and their children born after April 11, 1899, are declared to be citi- zens of the United States as of August 1, 1950, if they were residing on August 1, 1950, on the is- land of Guam or other territory over which the United States exercises rights of sovereignty: (1) All inhabitants of the island of Guam on April 11, 1899, including those temporarily ab- sent from the island on that date, who were Spanish subjects, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality; and (2) All persons born in the island of Guam who resided in Guam on April 11, 1899, including those temporarily absent from the island on that date, who after that date continued to re- side in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality. (b) All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are declared to be citizens of the United States: Provided, That in the case of any person born before August 1, 1950, he has taken no affirmative steps to preserve or acquire for- eign nationality. (c) Any person hereinbefore described who is a citizen or national of a country other than the United States and desires to retain his present political status shall have made, prior to August 1, 1952, a declaration under oath of such desire, said declaration to be in form and executed in the manner prescribed by regulations. From and after the making of such a declaration any such person shall be held not to be a national of the United States by virtue of this chapter. (June 27, 1952, ch. 477, title III, ch. 1, § 307, 66 Stat. 237.)