Sec. 308. nationals but not citizens of the united states at birth437
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## Sec. 308 nationals but not citizens of the united states at birth437 **[**[8 U.S.C. 1408](/us/usc/t8/s1408)**]** Unless otherwise provided in section 301 of this title, the following shall be nationals, but not citizens of the United States at birth: 437Section 506(b) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States, shown in Appendix V.A.1., made this section applicable to children born abroad to United States citizen or non-citizen national parents permanently residing in the Northern Mariana Islands. ####
(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)438 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— 438Paragraph
(4)was added by subsection
(a)of §15 of Pub. L. 99–396 (Aug. 27, 1986, 100 Stat. 842). Subsection
(b)of that section reads as follows:
(b)The amendment made by subsection
(a)shall apply to persons born before, on, or after the date of the enactment of this Act **[**viz., August 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, and
(2)the person shall not be eligible to vote in any general election in American Samoa earlier than January 1, 1987. #####
(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 301(g) 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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- Pub. L. 99-396
- 100 Stat. 842
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Sec. 308
nationals but not citizens of the united states at birth437
Pub. L.Pub. L. 99-396
Stat.100 Stat. 842
Cites 3Cited by 0 across 0 sources