8 U.S.C. § 1409 — Children born out of wedlock

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 a continuous period of more than one year, and (B) at least five years of which were after at- taining the age of fourteen years. The proviso of section 1401(g) of this title shall apply to the national parent under this para- graph in the same manner as it applies to the citizen parent under that section. (June 27, 1952, ch. 477, title III, ch. 1, § 308, 66 Stat. 238; Pub. L. 99–396, § 15(a), Aug. 27, 1986, 100 Stat. 842; Pub. L. 100–525, § 3(2), Oct. 24, 1988, 102 Stat. 2614.) Editorial Notes 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–525, § 3, Oct. 24, 1988, 102 Stat. 2614, pro- vided that the amendment made by section 3 is effec- tive 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, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to persons born be- fore, 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 per- son until the date the person establishes to the satis- faction of the Secretary of State that the person meets the requirements of section 308(4) of the Immi- gration 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.’’ § 1409. Children born out of wedlock (a) The provisions of paragraphs (c), (d), (e), and (g) of section 1401 of this title, and of para- graph (2) of section 1408 of this title, 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 con- vincing 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 estab- lished 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 shall apply to a child born out of wed- lock on or after January 13, 1941, and before De- cember 24, 1952, as of the date of birth, if the pa- ternity 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 sub- section (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 the mother had the nationality of the United States at the time of such person’s birth, and if the mother had previously been physically present in the United States or one of its outlying pos- sessions for a continuous period of one year. (June 27, 1952, ch. 477, title III, ch. 1, § 309, 66 Stat. 238; Pub. L. 97–116, § 18(l), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 99–653, § 13, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, §§ 8(k), 9(r), Oct. 24, 1988, 102 Stat. 2617, 2621.) Editorial Notes REFERENCES IN TEXT Section 405 of this Act, referred to in subsec. (b), is section 405 of act June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out as a Savings Clause note under sec- tion 1101 of this title. Page 485 TITLE 8—ALIENS AND NATIONALITY § 1421 CONSTITUTIONALITY For information regarding constitutionality of cer- tain provisions of this section, see note under section 1401 of this title. AMENDMENTS 1988—Subsec. (a). Pub. L. 100–525, § 8(k), amended Pub. L. 99–653. See 1986 Amendment note below. Subsec. (b). Pub. L. 100–525, § 9(r)(1), substituted ‘‘be- fore December 24, 1952’’ for ‘‘prior to the effective date of this chapter’’ and ‘‘at any time’’ for ‘‘before or after the effective date of this chapter and’’. Subsec. (c). Pub. L. 100–525, § 9(r)(2), substituted ‘‘after December 23, 1952’’ for ‘‘on or after the effective date of this chapter’’. 1986—Subsec. (a). Pub. L. 99–653, as amended by Pub. L. 100–525, § 8(k), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘The provisions of paragraphs (c), (d), (e), and (g) of section 1401 of this title, and of paragraph (2) of section 1408, of this title shall apply as of the date of birth to a child born out of wedlock on or after the effective date of this chapter, if the paternity of such child is established while such child is under the age of twenty-one years by legitimation.’’ 1981—Subsec. (a). Pub. L. 97–116, § 18(l)(1), substituted ‘‘(c), (d), (e), and (g) of section 1401’’ for ‘‘(3) to (5) and (7) of section 1401(a)’’. Subsec. (b). Pub. L. 97–116, § 18(l)(2), substituted ‘‘sec- tion 1401(g)’’ for ‘‘section 1401(a)(7)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 8(k) of Pub. L. 100–525 effec- tive as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amend- ments note under section 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–653, § 23(e), as added by Pub. L. 100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: ‘‘(1) Except as provided in paragraph (2)(B), the new section 309(a) [8 U.S.C. 1409(a)] (as defined in paragraph (4)(A)) shall apply to persons who have not attained 18 years of age as of the date of the enactment of this Act [Nov. 14, 1986]. ‘‘(2) The old section 309(a) shall apply— ‘‘(A) to any individual who has attained 18 years of age as of the date of the enactment of this Act, and ‘‘(B) any individual with respect to whom paternity was established by legitimation before such date. ‘‘(3) An individual who is at least 15 years of age, but under 18 years of age, as of the date of the enactment of this Act, may elect to have the old section 309(a) apply to the individual instead of the new section 309(a). ‘‘(4) In this subsection: ‘‘(A) The term ‘new section 309(a)’ means section 309(a) of the Immigration and Nationality Act [8 U.S.C. 1409(a)], as amended by section 13 of this Act [section 13 of Pub. L. 99–653] and as in effect after the date of the enactment of this Act. ‘‘(B) The term ‘old section 309(a)’ means section 309(a) of the Immigration and Nationality Act, as in effect before the date of the enactment of this Act.’’ 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. PART II—NATIONALITY THROUGH NATURALIZATION § 1421. Naturalization authority (a) Authority in Attorney General The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General. (b) Court authority to administer oaths (1) Jurisdiction Subject to section 1448(c) of this title— (A) General jurisdiction Except as provided in subparagraph (B), each applicant for naturalization may choose to have the oath of allegiance under section 1448(a) of this title administered by the Attorney General or by an eligible court described in paragraph (5). Each such eligi- ble court shall have authority to administer such oath of allegiance to persons residing within the jurisdiction of the court. (B) Exclusive authority An eligible court described in paragraph (5) that wishes to have exclusive authority to administer the oath of allegiance under section 1448(a) of this title to persons resid- ing within the jurisdiction of the court dur- ing the period described in paragraph (3)(A)(i) shall notify the Attorney General of such wish and, subject to this subsection, shall have such exclusive authority with re- spect to such persons during such period. (2) Information (A) General information In the case of a court exercising authority under paragraph (1), in accordance with pro- cedures established by the Attorney Gen- eral— (i) the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and (ii) the Attorney General— (I) shall forward to the court (not later than 10 days after the date of approval of an application for naturalization in the case of a court which has provided notice under paragraph (1)(B)) such information as may be necessary to administer the oath of allegiance under section 1448(a) of this title, and (II) shall promptly forward to the court a certificate of naturalization (pre- pared by the Attorney General). (B) Assignment of individuals in the case of exclusive authority If an eligible court has provided notice under paragraph (1)(B), the Attorney Gen- eral shall inform each person (residing with- in the jurisdiction of the court), at the time of the approval of the person’s application for naturalization, of— (i) the court’s exclusive authority to ad- minister the oath of allegiance under sec- tion 1448(a) of this title to such a person during the period specified in paragraph (3)(A)(i), and