Are you curious about what it means to be a US National and who qualifies for this status? WHAT.EDU.VN is here to provide you with a comprehensive understanding of US nationality laws, differentiating between citizens and non-citizen nationals. Learn about the specific criteria and processes involved in obtaining this unique status. We aim to simplify complex legal concepts, offering clear and accessible information. If you are seeking clarification on immigration law, citizenship requirements, or national status, you’ve come to the right place.
1. Understanding the Definition: What is a US National?
A U.S. National is defined as someone who owes permanent allegiance to the United States, but may not necessarily be a U.S. citizen. According to Section 101(a)(22) of the Immigration and Nationality Act (INA), this includes all U.S. citizens and a limited group of people who owe permanent allegiance to the U.S. without being citizens.
To expand on this, it’s important to understand that nationality and citizenship are related but distinct concepts. Every U.S. citizen is, by definition, a U.S. national. However, not every U.S. national is a citizen. The distinction arises from specific provisions in the INA that grant nationality without citizenship to individuals born in certain U.S. territories or to parents who are non-citizen nationals.
1.1. Key Differences Between a US National and a US Citizen
The primary difference lies in the rights and responsibilities afforded to each status. U.S. citizens have full rights, including the right to vote, hold federal office, and receive a U.S. passport without restrictions. Non-citizen nationals, while owing permanent allegiance to the U.S., may not have all the same rights as citizens.
| Feature | US Citizen | US National (Non-Citizen) |
|---|---|---|
| Definition | Born in the US or naturalized, full rights | Owes allegiance, may not be born or naturalized |
| Voting Rights | Yes | No |
| Right to Hold Office | Yes | Restrictions apply |
| Passport | Full U.S. passport | Passport may delineate national but not citizen status |
Understanding these differences is crucial for individuals who may qualify as non-citizen nationals, as it impacts their rights, responsibilities, and access to certain benefits.
1.2. Legal Basis for US National Status
The legal basis for U.S. national status is primarily found in the Immigration and Nationality Act (INA). Section 101(a)(21) defines a “national” as “a person owing permanent allegiance to a state.” Section 101(a)(22) further specifies that a “national of the United States” includes all U.S. citizens, as well as those who owe permanent allegiance to the U.S. but are not citizens.
Section 308 of the INA is particularly important, as it confers U.S. nationality, but not citizenship, on individuals born in “an outlying possession of the United States” or born to parents who are non-citizen nationals and meet specific residency requirements. The INA defines “outlying possessions of the United States” as American Samoa and Swains Island.
Additionally, Section 302 of Public Law 94-241 provides certain inhabitants of the Commonwealth of the Northern Mariana Islands the option to become non-citizen nationals, even if they became U.S. citizens by virtue of Article III of the Covenant.
These legal provisions outline the specific criteria and circumstances under which an individual can be considered a U.S. national without being a U.S. citizen.
1.3. Why Does the US Have Non-Citizen Nationals?
The existence of non-citizen nationals in the United States stems from the country’s historical and legal relationship with certain territories. Specifically, the status was created to accommodate the unique circumstances of individuals born in or connected to outlying possessions of the U.S., such as American Samoa and Swains Island.
The U.S. government recognized that the inhabitants of these territories owed allegiance to the United States but, for various historical and political reasons, were not granted automatic citizenship at birth. Instead, they were designated as non-citizen nationals, allowing them to maintain a formal connection to the U.S. without the full rights and responsibilities of citizenship.
According to a Congressional Research Service report, this status reflects a balance between the U.S. government’s interest in maintaining control over these territories and its desire to respect the cultural and political autonomy of their inhabitants. The report further notes that the non-citizen national status has been a subject of ongoing legal and political debate, with some advocating for full citizenship rights for all U.S. nationals.
2. Who Qualifies as a US National But Not a Citizen?
The qualifications for being a U.S. national but not a citizen are specific and defined by U.S. law. Generally, this status applies to individuals born in outlying possessions of the United States or to those who have specific connections to these territories. Let’s explore the primary categories of individuals who qualify.
2.1. Persons Born in Outlying Possessions
One of the main groups of individuals who qualify as U.S. nationals but not citizens are those born in “outlying possessions” of the United States. According to Section 101(a)(29) of the Immigration and Nationality Act (INA), the term “outlying possessions of the United States” specifically refers to American Samoa and Swains Island.
Section 308 of the INA states that individuals born in these outlying possessions on or after the date of formal acquisition of such possession are considered nationals, but not citizens, of the United States at birth. This means that a person born in American Samoa or Swains Island is automatically a U.S. national, even if they are not a U.S. citizen.
2.2. Children of Non-Citizen National Parents
Another way to qualify as a U.S. national without being a citizen is through parentage. According to Section 308(2) of the Immigration and Nationality Act (INA), a person born outside the United States and its outlying possessions can be a U.S. national if both parents are nationals, but not citizens, of the United States. Additionally, the parents must have had a residence in the United States or one of its outlying possessions prior to the birth of the child.
This provision recognizes that the children of non-citizen nationals may also have a strong connection to the United States, even if they are born outside of U.S. territory. By granting them national status, the law ensures that these individuals can maintain their ties to the U.S.
2.3. Inhabitants of the Northern Mariana Islands (Under Specific Conditions)
Certain inhabitants of the Commonwealth of the Northern Mariana Islands (CNMI) have the option to become non-citizen nationals under specific conditions outlined in Section 302 of Public Law 94-241. This law allows individuals who became U.S. citizens by virtue of Article III of the Covenant to opt for non-citizen national status.
To exercise this option, eligible individuals must make a declaration under oath before a court established by the Constitution or laws of the United States, or any other court of record in the CNMI. The declaration must state their intention to be a national, but not a citizen, of the United States. This declaration must be made within six months after the effective date of Section 301 (applying to those born in or residing in the Northern Mariana Islands) or within six months after reaching the age of 18 years, whichever date is later.
2.4. Other Scenarios Under INA Section 308
Section 308 of the Immigration and Nationality Act (INA) outlines a few additional scenarios under which a person may qualify as a U.S. national but not a citizen:
-
Person of Unknown Parentage: According to INA Section 308(3), a person of unknown parentage found in an outlying possession of the United States while under the age of five years can be considered a U.S. national. This status remains until it is shown, prior to the individual attaining the age of twenty-one years, that they were not born in such outlying possession.
-
Child of One Alien Parent and One National Parent: According to INA Section 308(4), a person born outside the United States and its outlying possessions to parents, one of whom is an alien and the other a national, but not a citizen, of the United States, may qualify. The national parent must have been 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. Within that ten-year period:
- The national parent must not have been outside the United States or its outlying possessions for a continuous period of more than one year, and
- At least five years of the qualifying presence must have been after attaining the age of fourteen years.
These provisions ensure that individuals with specific connections to the U.S. or its outlying possessions can be recognized as U.S. nationals, even if they do not meet the requirements for citizenship.
3. Rights and Responsibilities of a US National
While U.S. nationals owe permanent allegiance to the United States, their rights and responsibilities differ from those of U.S. citizens. Understanding these differences is crucial for those who hold this status.
3.1. Passport and Travel
U.S. nationals are generally eligible to obtain a United States passport. However, the passport will clearly indicate that the holder is a national, but not a citizen, of the United States. This distinction can have implications for international travel and visa requirements.
While a U.S. national can generally travel to the United States without a visa, some countries may require U.S. nationals to obtain visas for entry, whereas they may not require visas for U.S. citizens. It is important for U.S. nationals to check the specific entry requirements of their destination country before traveling.
3.2. Residency and Employment
U.S. nationals have the right to reside in the United States without any immigration restrictions. They are also authorized to work in the United States without needing to obtain a work permit or visa. This is a significant advantage for U.S. nationals who wish to live and work in the U.S.
However, it’s important to note that while U.S. nationals can work in the U.S., some federal and state government jobs may require U.S. citizenship. Therefore, U.S. nationals may not be eligible for all employment opportunities.
3.3. Voting Rights and Jury Duty
One of the key differences between U.S. citizens and U.S. nationals is the right to vote in federal elections. U.S. nationals who are not citizens are not eligible to vote in federal elections, such as presidential and congressional elections. This is a right reserved for U.S. citizens.
Similarly, U.S. nationals who are not citizens are generally not eligible to serve on a jury in federal court. Jury duty is typically limited to U.S. citizens. However, some states may allow non-citizen nationals to serve on juries in state court, so it is important to check the specific laws of the state in question.
3.4. Access to Government Benefits
U.S. nationals generally have access to many of the same government benefits as U.S. citizens, including Social Security, Medicare, and other federal and state programs. However, there may be some exceptions depending on the specific program and the individual’s circumstances.
According to a report by the Social Security Administration, U.S. nationals are generally eligible for Social Security benefits if they meet the same eligibility requirements as U.S. citizens, such as having a certain number of years of work history and paying Social Security taxes.
3.5. Naturalization
U.S. nationals have the option to become U.S. citizens through the process of naturalization. The requirements for naturalization are generally the same for U.S. nationals as they are for other lawful permanent residents. This includes meeting certain residency requirements, demonstrating good moral character, passing a civics test, and taking an oath of allegiance to the United States.
According to U.S. Citizenship and Immigration Services (USCIS), U.S. nationals who have resided continuously in the United States as lawful permanent residents for at least five years (or three years if married to a U.S. citizen) may be eligible to apply for naturalization. Naturalization allows U.S. nationals to gain all the rights and responsibilities of U.S. citizenship, including the right to vote and hold federal office.
4. How to Obtain a Certificate of Non-Citizen National Status
While the Department of State does not issue a specific “certificate of non-citizen national status,” individuals who believe they qualify as non-citizen nationals can apply for a U.S. passport to delineate and certify their status.
4.1. Applying for a US Passport as a Non-Citizen National
To apply for a U.S. passport as a non-citizen national, you must follow the standard passport application process. This involves completing Form DS-11, the Application for a U.S. Passport, and submitting it along with the required documentation and fees.
When completing the application, be sure to indicate that you are applying as a non-citizen national. You will also need to provide documentary proof of your non-citizen national status, such as a birth certificate from American Samoa or Swains Island, or documentation demonstrating your parentage to non-citizen nationals.
4.2. Required Documentation and Proof of Status
The specific documentation required to prove your non-citizen national status will depend on the basis for your claim. Some common examples of acceptable documentation include:
- Birth Certificate: If you were born in American Samoa or Swains Island, your birth certificate can serve as proof of your non-citizen national status.
- Parental Documentation: If you are claiming non-citizen national status based on the status of your parents, you will need to provide documentation proving their status as non-citizen nationals, as well as documentation proving your relationship to them (e.g., birth certificate, adoption decree).
- Declaration (For CNMI Inhabitants): If you are an inhabitant of the Commonwealth of the Northern Mariana Islands who has opted for non-citizen national status, you will need to provide a copy of the declaration you made under oath before a court of record.
4.3. Where to Apply
You can apply for a U.S. passport as a non-citizen national at any Passport Agency or acceptance facility in the United States. Passport Agencies are typically located in major cities and offer in-person application services. Acceptance facilities are often located at post offices, libraries, and other government offices.
You can find a list of Passport Agencies and acceptance facilities on the Department of State’s website. It is recommended to schedule an appointment before visiting a Passport Agency to avoid long wait times.
4.4. Fees and Processing Times
The fees for applying for a U.S. passport as a non-citizen national are the same as for U.S. citizens. These fees include an application fee and an execution fee. The specific amounts of these fees can be found on the Department of State’s website.
Processing times for U.S. passports can vary depending on the volume of applications being processed. You can check the current processing times on the Department of State’s website. If you need your passport expedited, you can pay an additional fee for expedited processing.
5. Common Misconceptions About US Nationals
There are several common misconceptions about U.S. nationals, particularly regarding their rights and how they differ from those of U.S. citizens. Clarifying these misunderstandings is essential for ensuring that U.S. nationals understand their status and rights.
5.1. “US Nationals Are the Same as US Citizens”
One of the most prevalent misconceptions is that U.S. nationals and U.S. citizens have the same rights and responsibilities. While all U.S. citizens are U.S. nationals, the reverse is not true. U.S. nationals who are not citizens do not have all the same rights as citizens.
As discussed earlier, U.S. nationals who are not citizens cannot vote in federal elections, may not be eligible for all government jobs, and may face different visa requirements when traveling internationally. It is crucial to recognize these distinctions to avoid confusion and ensure that U.S. nationals are aware of their specific rights.
5.2. “US Nationals Can’t Live or Work in the US”
Another misconception is that U.S. nationals are not allowed to live or work in the United States. This is incorrect. U.S. nationals have the right to reside in the U.S. without any immigration restrictions and are authorized to work in the U.S. without needing a work permit or visa.
This right is a significant benefit for U.S. nationals, as it allows them to pursue educational and employment opportunities in the United States without the need for complex immigration processes.
5.3. “US Nationals Are Immigrants”
It’s important to clarify that U.S. nationals are not immigrants. Immigrants are foreign-born individuals who have been granted the right to live and work permanently in the United States. U.S. nationals, on the other hand, owe permanent allegiance to the United States and have a special status under U.S. law.
While U.S. nationals may not be citizens, they are not considered foreign nationals subject to immigration laws. They have a unique legal status that reflects their connection to the United States.
5.4. “All Residents of US Territories Are US Citizens”
While many residents of U.S. territories are U.S. citizens, this is not universally true. As discussed earlier, individuals born in American Samoa are U.S. nationals but not U.S. citizens at birth. Other territories, such as Guam, Puerto Rico, and the U.S. Virgin Islands, have different citizenship laws that grant citizenship to most residents.
It is important to understand the specific laws that apply to each territory to avoid making generalizations about the citizenship status of their residents.
5.5. “US National Status Is the Same as Having a Green Card”
U.S. national status is distinct from having a green card (lawful permanent resident status). A green card allows foreign nationals to live and work permanently in the United States, but it does not grant them U.S. nationality. U.S. nationals, on the other hand, already have a form of U.S. nationality, even if they are not citizens.
While both green card holders and U.S. nationals can live and work in the U.S., their legal status and rights are different. Green card holders are subject to immigration laws and can be deported under certain circumstances, while U.S. nationals have a more secure legal status.
6. Notable Cases and Legal Precedents
Several notable cases and legal precedents have shaped the understanding and interpretation of U.S. national status. These cases have clarified the rights and responsibilities of U.S. nationals and have addressed issues related to citizenship and immigration.
6.1. Tuaua v. United States
One of the most significant cases related to U.S. national status is Tuaua v. United States, which was heard by the U.S. Court of Appeals for the D.C. Circuit. The case involved individuals born in American Samoa who argued that they should be considered U.S. citizens under the Citizenship Clause of the Fourteenth Amendment to the U.S. Constitution.
The plaintiffs argued that the Citizenship Clause, which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States,” should apply to those born in American Samoa. They claimed that the U.S. government’s denial of citizenship to American Samoans was a violation of their constitutional rights.
The D.C. Circuit ultimately ruled against the plaintiffs, holding that the Citizenship Clause does not automatically apply to those born in American Samoa. The court deferred to the U.S. government’s position that Congress has the authority to determine the citizenship status of individuals born in U.S. territories. This decision affirmed the existing legal framework that designates American Samoans as U.S. nationals but not U.S. citizens at birth.
6.2. Other Relevant Court Cases
While Tuaua v. United States is the most prominent case, other court cases have also touched on issues related to U.S. national status. These cases have addressed questions about the rights of U.S. nationals, their eligibility for government benefits, and their ability to naturalize as U.S. citizens.
For example, some cases have examined whether U.S. nationals are entitled to the same due process protections as U.S. citizens in immigration proceedings. Other cases have addressed whether U.S. nationals can be denied government benefits based on their non-citizen status.
These court cases have helped to define the boundaries of U.S. national status and have provided guidance on the rights and responsibilities of those who hold this status.
6.3. Legislative Actions and Amendments
In addition to court cases, legislative actions and amendments have also played a role in shaping the understanding of U.S. national status. Congress has the authority to define the terms “national” and “citizen” and has enacted laws that determine the citizenship status of individuals born in U.S. territories.
For example, the Immigration and Nationality Act (INA) has been amended several times to address issues related to citizenship and nationality. These amendments have clarified the requirements for naturalization, the rights of U.S. nationals, and the status of individuals born in U.S. territories.
Legislative actions and amendments reflect the ongoing debate about the appropriate balance between the U.S. government’s interest in controlling its borders and its commitment to providing equal rights to all individuals who owe allegiance to the United States.
7. The Future of US National Status
The future of U.S. national status remains a subject of ongoing debate and discussion. There are several potential paths forward, including legislative changes, court challenges, and evolving social attitudes.
7.1. Potential Legislative Changes
One potential path forward is legislative change. Congress could amend the Immigration and Nationality Act (INA) to grant citizenship to all U.S. nationals, including those born in American Samoa. This would require a broad consensus in Congress and the support of the President.
There have been previous attempts to introduce legislation that would grant citizenship to American Samoans, but these efforts have not yet been successful. Some members of Congress have expressed concerns about the potential impact of such a change on the economy and culture of American Samoa.
7.2. Ongoing Legal Challenges
Another potential path forward is through ongoing legal challenges. As discussed earlier, the Tuaua v. United States case challenged the U.S. government’s denial of citizenship to American Samoans. While the D.C. Circuit ruled against the plaintiffs, there is still the possibility of future legal challenges.
For example, a similar case could be brought in a different circuit court, potentially leading to a different outcome. Additionally, the plaintiffs in Tuaua v. United States could seek review of the D.C. Circuit’s decision by the U.S. Supreme Court.
7.3. Evolving Social Attitudes
Evolving social attitudes could also play a role in the future of U.S. national status. As the U.S. becomes more diverse and interconnected, there may be growing support for granting citizenship to all U.S. nationals.
Public opinion polls have shown that a majority of Americans believe that individuals born in U.S. territories should be U.S. citizens. This suggests that there is a potential for increased public support for legislative changes that would grant citizenship to American Samoans.
7.4. Impact on US Territories
Any changes to the legal status of U.S. nationals could have a significant impact on U.S. territories, particularly American Samoa. Granting citizenship to American Samoans could lead to increased migration from the territory to the U.S. mainland, potentially impacting the economy and culture of American Samoa.
Additionally, changes to U.S. national status could affect the political relationship between the U.S. and its territories. For example, granting citizenship to American Samoans could lead to increased calls for greater autonomy or even independence for the territory.
7.5. Global Implications
The future of U.S. national status could also have global implications. The U.S. is not the only country that has different categories of nationality. Other countries, such as the United Kingdom and France, have different statuses for individuals who owe allegiance to the country but are not full citizens.
Changes to U.S. national status could influence how other countries treat their own nationals and could lead to a broader discussion about the rights and responsibilities of individuals who owe allegiance to a country but are not citizens.
Do you have more questions about U.S. national status or any other topic? Don’t hesitate to ask at WHAT.EDU.VN and get free answers from our community of experts. We’re here to help you navigate complex topics with ease. Contact us at 888 Question City Plaza, Seattle, WA 98101, United States or via WhatsApp at +1 (206) 555-7890. Visit our website at what.edu.vn. Let us provide the clarity you seek today.
