---
kind: "section"
citation: "8 U.S.C. § 1408"
title: "8"
title_heading: "Aliens and Nationality"
number: "1408"
heading: "Nationals but not citizens of the United States at birth"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/8/1408"
units:
  - "Chapter 12 — Immigration and Nationality"
  - "Subchapter III — Nationality and Naturalization"
  - "Part I — Nationality at Birth and Collective Naturalization"
---

# §1408. Nationals but not citizens of the United States at birth


Unless otherwise provided in [section 1401 of this title](/usc/8/1401.md), the following shall be [nationals](/usc/8/1101.md?p=a-21), but not citizens, of the [United States](/usc/8/1101.md?p=a-38) at birth:

- (1) A [person](/usc/8/1101.md?p=b-3) born in an outlying possession of the [United States](/usc/8/1101.md?p=a-38) on or after the date of formal acquisition of such possession;
- (2) A [person](/usc/8/1101.md?p=b-3) born outside the [United States](/usc/8/1101.md?p=a-38) and its outlying possessions of [parents](/usc/8/1101.md?p=b-2) both of whom are [nationals](/usc/8/1101.md?p=a-21), but not citizens, of the [United States](/usc/8/1101.md?p=a-38), and have had a [residence](/usc/8/1101.md?p=a-33) in the [United States](/usc/8/1101.md?p=a-38), or one of its outlying possessions prior to the birth of such [person](/usc/8/1101.md?p=b-3);
- (3) A [person](/usc/8/1101.md?p=b-3) of unknown parentage found in an outlying possession of the [United States](/usc/8/1101.md?p=a-38) 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](/usc/8/1101.md?p=b-3) born outside the [United States](/usc/8/1101.md?p=a-38) and its outlying possessions of [parents](/usc/8/1101.md?p=b-2) one of whom is an [alien](/usc/8/1101.md?p=a-3), and the other a [national](/usc/8/1101.md?p=a-21), but not a citizen, of the [United States](/usc/8/1101.md?p=a-38) who, prior to the birth of such [person](/usc/8/1101.md?p=b-3), was physically present in the [United States](/usc/8/1101.md?p=a-38) 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](/usc/8/1101.md?p=a-21) [parent](/usc/8/1101.md?p=b-2) was not outside the [United States](/usc/8/1101.md?p=a-38) 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](/usc/8/1401.md?p=g) shall apply to the [national](/usc/8/1101.md?p=a-21) [parent](/usc/8/1101.md?p=b-2) under this paragraph in the same manner as it applies to the citizen [parent](/usc/8/1101.md?p=b-2) under that section.


## Source credit

(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.)

## Notes

### 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, provided that the amendment made by section 3 is effective 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, provided that: “The amendment made by subsection (a) [amending this section] shall apply to persons born before, 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— 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 [par. (4) of this section], and the person shall not be eligible to vote in any general election in American Samoa earlier than January 1, 1987.”