UNCLASSIFIED (U)

8 FAM 302.2

Acquisition by Birth in The Commonwealth of the Northern Mariana Islands

(CT:CITZ-35;   05-15-2020)
(Office of Origin:  CA/PPT/S/A)

8 FAM 302.2-1  Summary

(CT:CITZ-35;   05-15-2020)

a. This subchapter outlines policy and procedures for the adjudication of applications for persons claiming citizenship under the Covenant to Establish the Commonwealth of the Northern Mariana Islands in Political Union with the United States (Act of Mar. 24, 1976, Public Law No. 94-241, 90 Stat. 263, 48 U.S.C. 1801 (CNMI Covenant)).

b. The Trust Territory of the Pacific Islands (TTPI) was established on July 18, 1947. The TTPI originally included the areas, which are now the Commonwealth of the Northern Mariana Islands (CNMI), the Republic of the Marshall Islands (RMI), and the Federated States of Micronesia (FSM), as well as the Republic of Palau.

c.  The trusteeship agreement was terminated for the majority of the territory in late 1986.  The Northern Mariana Islands became the self-governing CNMI, in political union with and under the sovereignty of the United States, on November 4, 1986.  The Marshall Islands became the Republic of the Marshall Islands (RMI), a sovereign country in free association with the United States, on October 21, 1986.  The FSM became a sovereign country in free association with the United States on November 4, 1986.  The Republic of Palau (ROP) became a sovereign country in free association with the United States on October 1, 1994.

d. The TTPI was not considered to be part of the United States for the purposes of the Immigration and Nationality Act (INA), and persons born there did not acquire citizenship by birth in the United States.  Under sections 501, 503 and 506 of the CNMI Covenant, the CNMI is considered to be part of the United States under the INA only for the purposes and to the extent specified under Section 506(b) and (c).  Section 506(b), which entered into force at 12:01 a.m. on November 4, 1986, Saipan time (9 a.m. EST November 3, 1986) states that “(w)ith respect to children born abroad to United States citizen or non-citizen national parents permanently residing in the Northern Mariana Islands, the provisions pf section 301 and 308 of the act will apply.”  The Department of State interprets section 506(b) as only allowing periods of residence or physical presence in the Northern Marianas after 12:01 a.m. on November 4, 1986, Saipan time (9 a.m. EST November 3, 1986) to be counted as periods of residence of physical presence in the United States for the purposes of meeting parental residence or physical presence requirements under Sections 301 and 308.

e. At 12:01 a.m. on November 4, 1986, Saipan time (9:01 a.m. EST November 3, 1986) article III (Citizenship and Nationality) of the CNMI Covenant (containing sections 301, 302, 303) entered into force.  It granted U.S. citizenship to certain natives and/or residents of the CNMI.  In addition, the Department has decided to apply the Sabangan decision (see 8 FAM 302.2-3) holding that two individuals born in the CNMI on or after 11 A.M. January 9, 1978, Saipan time (8 P.M. EST January 8, 1978) and prior to 12:01 A.M. November 4, 1986, Saipan time (9:01 a.m. EST November 3, 1986), acquired citizenship under section 501(a) of the CNMI Covenant to all individuals who were born in the CNMI during that time period.

f.  Republic of the Marshall Islands, Federated States of Micronesia and Republic of Palau Citizens:  The Compacts of Free Association relative to the RMI, the FSM and Palau did not grant U.S. citizenship to persons who did not otherwise acquire it under U.S. law.  These independent States are considered foreign countries for nationality purposes.

g. Department referrals:  Since acquisition of U.S. citizenship under the covenant can be very complex, consular officers at U.S. embassies and consulates and adjudication managers at U.S. passport agencies with such cases may wish to contact AskPPTAdjudication@state.gov or PPT/HH for guidance.

8 FAM 302.2-2  Other U.S. Citizenship Laws

(CT:CITZ-35;   05-15-2020)

In general, applicants who have claims to citizenship under any other U.S. law should be documented under that law and not the CNMI Covenant.  For example, a person born in the CNMI of one U.S. citizen parent before January 9, 1978, should be documented under section 301(g) of the INA, or applicable provisions of the Nationality Act of 1940.  However, applicants born in the CNMI of one or two parent(s) born in Guam before 1950 generally should be documented under section 301(c) of the CNMI Covenant, as it is often difficult or impossible for them to obtain the evidence needed to document their claims under other laws.  These customers should be advised that if their claims under the covenant are established, they will acquire citizenship as of November 4, 1986, as opposed to on the date of their birth, which would be the case if they were able to submit sufficient documentation under INA 301(g).

8 FAM 302.2-3  Interpreting the Citizenship and Nationality Provisions of the Covenant

(CT:CITZ-35;   05-15-2020)

a. When it went into effect in 1986, section 301 of the Covenant was difficult to administer since it established a complicated set of criteria under which a CNMI domiciliary could acquire U.S. citizenship.  These provisions required that the nationality of the applicant's parents and grandparents be ascertained in order to determine if the applicant acquired TTPI citizenship or possessed another nationality at the time of the effective date of the Covenant.

b. The language of the citizenship provisions and the Department's strict application of the law required judicial and negotiated interpretations.

c.  There have been several court decisions, which shaped the Department’s interpretation of definitions appearing in the CNMI covenant (see 8 FAM 102.4).

8 FAM 302.2-4  Adjudicating Claims Under the Covenant

8 FAM 302.2-4(A)  General Procedures

(CT:CITZ-35;   05-15-2020)

a. Application requirements:  All first time applicants claiming citizenship or nationality under the CNMI covenant are required to submit:

(1)  A completed form DS-11;

(2)  Two passport photographs;

(3)  Current identification;

(4)  The required passport fees; and

(5)  Evidence of U.S. citizenship or nationality.

b. Supplemental statement:  In addition, an applicant claiming U.S. citizenship or nationality under section 301 of the covenant must complete a "Supplemental Statement for Applicants Claiming Citizenship Under Public Law 94-241," which must be signed in the presence of a consular officer at a U.S. embassy or consulate or a passport acceptance agent or passport specialist in the United States.  The supplemental statement contains the applicant's oath or affirmation that he or she did not owe allegiance to any other state on the effective date of the CNMI covenant.  It also includes a statement as to whether the applicant has declared his or her intention to become a non-citizen national.  See 8 FAM 302.6-9.  When completed, the supplemental statement becomes a part of the application for a passport with which it is submitted.

c.  Evidence of citizenship.  Passport issuing officers at U.S. embassies and consulates abroad and U.S. passport agencies shall note all evidence provided on the application and/or a separate sheet of paper.  Note in the evidence block the law and section under which the applicant acquired citizenship or nationality (for example, Public Law 94-241 Section 301(a)).  Knowledge of the statute under which the applicant acquired will be necessary when they wish to transmit citizenship to their own children.  A U.S. passport for the parent by itself will not suffice.  See 8 FAM 302.6-10, 8 FAM 302.6-11, and 8 FAM 302.6-12.

8 FAM 302.2-4(B)  Definitions

(CT:CITZ-35;   05-15-2020)

Citizens of the Trust Territory of the Pacific Islands:  A person is considered a citizen of the TTPI for the purposes of sections 301(a) and 301(b) of the CNMI covenant if as of November 3, 1986 (Saipan time) he or she:

(1)  Had been born in the former TTPI (CNMI, RMI, FSM and Palau) and one or both parent(s) had been born in the former TTPI;

(2)  Had been born outside the former TTPI to two TTPI citizen parents, and, if over 21 on November 3, 1986, became a permanent resident of the TTPI before reaching that age; and

(3)  Had been naturalized as a TTPI citizen:

Domicile:  section 1005(e) of the CNMI covenant defines “domicile” as “the place where a person maintains a residence with the intention of continuing such residence for an unlimited or indefinite period, and to which such person has the intention of returning whenever he is absent, even for an extended period”.

8 FAM 302.2-4(C)  Applicants Claiming Citizenship Under Section 301(a) of the Covenant

(CT:CITZ-35;   05-15-2020)

Section 301(a) of the covenant confers citizenship on an individual who (1) was a citizen of the former TTPI (as defined in 8 FAM 302.6-4(B)) and who was domiciled in the CNMI, the United States or any U.S. territory or possession on November 3, 1986 (Saipan time).  Such applicants must provide the following evidence of citizenship: (See 8 FAM 302.6-10):

(1)  Certified copy of his or her birth certificate:  If a birth certificate is not on file he or she must submit a letter of no record from the CNMI clerk of court, plus a baptismal certificate or other secondary evidence (Note:  Since many records were destroyed during World War II, most applicants born before 1950 do not have certified birth certificates or have delayed birth records); and

(2)  Evidence of the TTPI citizenship of either parent:  If the application and birth certificate show that one parent was born in the former TTPI, no other evidence is needed.  Otherwise, the applicant must submit the parent’s TTPI naturalization certificate or other evidence of the parent’s TTPI citizenship.

8 FAM 302.2-4(D)  Applicants Claiming Under Section 301(b) of the Covenant

(CT:CITZ-35;   05-15-2020)

Section 301(b) confers U.S. citizenship as of November 4, 1986 on a person who was: a citizen of the former TTPI (as defined in 8 FAM 302.6-4(B)) on November 3, 1986, domiciled continuously in the CNMI from at least November 4, 1981 to November 3, 1986, and registered to vote, unless under age, in CNMI elections before January 1, 1975.  These applicants must provide the following evidence of citizenship:  (See 8 FAM 302.2-10):

(1)  A certified copy of his or her birth certificate:  If a birth certificate is not on file, he or she must submit a letter of no record from the registrar of the applicant's country of birth, plus a baptismal certificate or other secondary evidence;

(2)  Evidence of the applicant's TTPI citizenship as of November 3, 1986.  If the applicant was born in the TTPI, and the application and birth certificate show that one parent was born in the former TTPI, no other evidence is needed.  Otherwise, the applicant must also provide evidence of either parent's TTPI citizenship.  If the applicant acquired TTPI citizenship through naturalization, he or she must provide the TTPI naturalization certificate;

(3)  Record of registration to vote in the CNMI municipal or legislative election before January 1, 1975, unless the applicant was under age; and

(4)  Documentary evidence of continuous domicile in the NMI from November 4, 1981 through November 3, 1986.  Evidence may include entry permits, passports, bank records, business licenses, CNMI Social Security records, CNMI tax records, children's birth or baptismal certificates, church records, Certificates of Identity, voting records, Trust Territory passports, Trust Territory census records, CNMI Immigration files, hospital or medical records, employment records, real property records car registrations, etc.  Employment verification letters and affidavits must be supported by other documentary evidence of domicile.  A temporary absence from the CNMI does not break the “continuity” of domicile as long as there is evidence that the applicant intended to return to the CNMI.  Evidence of intent may include evidence of money transfers to the CNMI and/or evidence of the residence of family members in the CNMI.

8 FAM 302.2-4(E)  Applicants Claiming Citizenship Under Section 301(c) of the Covenant

(CT:CITZ-35;   05-15-2020)

Section 301(c) of the covenant confers citizenship as of November 3, 1986 on a person who (1) was domiciled in the CNMI on November 3, 1986, and (2) had been domiciled continuously in the CNMI beginning before January 1, 1974,, whether or not he or she was a TTPI citizen.  These applicants must provide the following proof of citizenship:  See 8 FAM 302.2-11:

(1)  A certified copy of his or her birth certificate.  If no birth certificate was filed, he or she must submit a letter of no record from the registrar of the applicant's country of birth, plus a baptismal certificate or other acceptable secondary evidence;

(2)  Documentary evidence of continuous domicile in the CNMI from before January 1, 1974 through November 3, 1986.  Evidence may include entry permits, passports, bank records, business licenses, CNMI Social Security records, CNMI tax records, children's birth or baptismal certificates, church records, Certificates of Identity, voting records, Trust Territory passports, Trust Territory census records, CNMI Immigration files, hospital or medical records, employment records, real property records, car registrations, etc.; and

(3)  A temporary absence from the CNMI does not break the “continuity” of domicile as long as there is evidence that the applicant intended to return to the CNMI.  Evidence of intent may include evidence of money transfers to the CNMI and/or evidence of the residence of family members in the CNMI.  The Barasi decision (see 8 FAM 302.2-3) provides further guidance in defining continuous domicile.

NOTE:  Through a court decision, members of the Pangelinan class do not have to present evidence of domicile for the period January 1, 1974 through March 6, 1977. Consular officers at U.S. embassies and consulates and passport specialists at passports agencies and centers must review the list of plaintiffs in the Pangelinan case to determine if a 301(c) applicant is a part of this class.  See 8 FAM 302.2-12 for a list of Pangelinan plaintiffs.

8 FAM 302.2-4(F)  Minor Children of Applicants Claiming Under the Covenant

(CT:CITZ-35;   05-15-2020)

a. The preamble to section 301 of the CNMI Covenant confers U.S. citizenship on: "The following persons and their children under the age of 18”.  This language grants U.S. citizenship to the minor children of any person who acquired U.S. citizenship under section 301 of the CNMI Covenant, no matter where the children were born or domiciled on November 3, 1986.  This only applies to children who were under the age of 18 on November 3, 1986.  Proof of the child’s domicile is not required in these cases.

b. In these cases, passport issuing officers at U.S. embassies and consulates abroad and U.S. Passport Agencies must first establish one natural parent's claim under section 301(a), 301(b) or 301(c) of the CNMI covenant.  If the parent has been issued a U.S. passport, the consular officer or passport specialist must review the file through Passport Information Electronic Records System (since it must be determined that the transmitting parent acquired under the covenant rather than the INA).  A timely filed certified birth certificate showing the name(s) of the parent(s) must be provided as evidence of blood relationship.

c.  A child born outside the CNMI after November 3, 1986, does not acquire U.S. citizenship under the CNMI covenant.  Such a person may have a valid claim to U.S. citizenship at birth under section 301, 308 or 309 INA.

d. Children adopted by persons who acquired U.S. citizenship under section 301 of the covenant are also citizens under section 301 as of November 4, 1986, if they were under the age of 18 and legally adopted by November 3, 1986.  These applicants must provide evidence of their adoptive parent(s)' claim under section 301(a), 301(b) or 301(c) of the CNMI covenant, a timely filed certified birth certificate, and a certified adoption decree showing adoption before November 4, 1986.  Such applicants need not be nor have been in the CNMI at any time.  Children adopted after November 3, 1986 do not acquire U.S. citizenship under the CNMI covenant.  However, such children may have a claim pursuant to section 320(b) INA, as amended.  These children must show entry to the U.S. for legal permanent residence.  Entry under the compact of Free Association does not constitute entry in legal permanent resident (LPR) status.

8 FAM 302.2-5  Section 501(a) of the CNMI Covenant

(CT:CITZ-35;   05-15-2020)

Under the Sabangan decision (see 7 AM 1126.3(c)(5)), applicants claiming U.S. citizenship under section 501(a) of the CNMI Covenant must have been born in the CNMI at or after 11 A.M. (Saipan time) on January 9, 1978 and prior to 12:01 A.M. (Saipan time) November 4, 1986.  As evidence of citizenship, such applicants must provide evidence of birth in the CNMI during the relevant period, such as a certified birth certificate or a letter from a civil registrar that no record exists coupled with a baptismal certificate or other secondary evidence of birth.

8 FAM 302.2-6  Section 303 of the CNMI Covenant

(CT:CITZ-35;   05-15-2020)

All persons born in the CNMI after November 3, 1986 acquire U.S. citizenship at birth under section 303 of the covenant.  The applicant must present a certified copy of his or her birth certificate or a letter from a civil registrar that no record exists coupled with a baptismal certificate or other secondary evidence of birth as proof of citizenship.

8 FAM 302.2-7  Northern Mariana Identification Card

(CT:CITZ-35;   05-15-2020)

a. The “former” U.S. Immigration and Naturalization Service (INS) issued a Northern Mariana Identification Card, from July 1, 1988 through July 1, 1990 only, to persons who could establish a claim to U.S. citizenship under the CNMI covenant.  This card may be accepted as evidence of U.S. citizenship in place of primary documents.  However, if there is other evidence that indicates that the applicant did not acquire U.S. citizenship, the consular officer or passport adjudicator may require additional documentation.

b. The face of the Northern Mariana Identification Card is similar in appearance to an alien registration card, but the general color scheme is red.  The fourth line of data contains the place of issue (labeled "POI") rather than the place of entry, and an unlabelled eligibility code.  The eligibility code is the letters "MI" followed by a 1,2, or 3 to indicate the appropriate acquisition section of the covenant.

c.  The reverse of the card contains the following text:

This is overprinted on a medium blue seal.  The reverse also contains a line of reference numbers.  The second number, a three‑digit number, corresponds to the month of issue.  If this number is less than 135 or more than 161, you should refer the card to the Department, CA/OCS/ACS, for verification with Department of Homeland Security (DHS).  U.S. Passport Agencies should refer the card to the agency fraud prevention manager for verification.

8 FAM 302.2-8  Supplemental Statement For Applicants Claiming Citizenship Under Public Law 94-241

(CT:CITZ-35;   05-15-2020)

This statement must be completed by every applicant for a United States passport who claims to have acquired United States citizenship under the provisions of section 301 of the Covenant to Establish the Commonwealth of the Northern Mariana Islands in Political Union with the United States.  (Public Law 94-241, approved March 24, 1976, and effective on November 4, 1986).  When completed, this statement becomes a part of the application for a passport with which it is submitted.

1.     I, _________________________________________________

                                                (Name)

2.     was born on_________________ at_______________________.

           Date mm/dd/yyyy            (city, state/province, country)

3.     I did [  ]

        I did not [  ]

owe allegiance to or was a citizen or subject of any foreign state as of the effective date of section 301 of the covenant.

4.     I have [  ]

        I have not [  ]

since acquiring United States citizenship under section 301 declared under the provisions of section 302 of the covenant my intention to become a national but not a citizen of the United States.

(If you have made such a declaration, please provide a copy.)

*************************************************************

5.   From the date of my birth I have resided in the following places.

(Please list starting from your date of birth.)

*Indicate purpose of periods of residence outside U.S. or CNMI: vacation, residence, business, studies, U.S. military service, U.S. military dependent, etc.  If working abroad, give name of employer.

___________________________________

Signature of Applicant

(Sign in presence of U.S. Consular Officer Or Passport Specialist/acceptance agent)

Subscribed and sworn (affirmed) to before me this______day of _________, 20_____.

____________________________________

Typed Name of Consular Officer or Passport Specialist/Acceptance Agent

____________________________________

Signature of Consular Officer or Passport Specialist/Acceptance Agent

__________________________________

Title of Consular Officer or Passport Specialist/Acceptance Agent

Date

Seal/Stamp

8 FAM 302.2-9  Acquisition Of U.S. Citizenship Under Section 301(a), 501(a), and 303 of the CNMI Covenant

(CT:CITZ-35;   05-15-2020)

These tables are intended for use only as a general reference guide, and should NOT be used to make determinations nor be cited in any case.

8 FAM 302.2-10  Acquisition of U.S. Citizenship Under Section 301(b) of the CNMI Covenant

(CT:CITZ-35;   05-15-2020)

These tables are intended for use only as a general reference guide, and should NOT be used to make determinations nor be cited in any case.

8 FAM 302.2-11  Acquisition of U.S. Citizenship Under Section 301(c) of the CNMI Covenant

(CT:CITZ-35;   05-15-2020)

These tables are intended for use only as a general reference guide, and should NOT be used to make determinations nor be cited in any case.

* There have been several unusual cases of persons who were born in the Trust Territory, but for one reason or another do not qualify for U.S. citizenship under Section 301(a) or Section 301(b).  These cases should be adjudicated under Section 301(c).

8 FAM 302.2-12  List of Pangelinan Plaintiffs

(CT:CITZ-35;   05-15-2020)

Nestor Rafanan ABLOG

Jose ACIBES, Jr.

Samuel A. AGANA

Jimmy Gadot AGLIPAY

Leonardo Aranda AJOSTE

Severo Cuano AVILA

Nicanor Alba BACAGO

Romulo B. BALLESTEROS

Jose Lingal BOCAGO

Nicanor A. BOCAGO

Anastacio Pascua BUCCAT

Thomas San Pedro BUNDOC

Angelita Mendoza BUNIAG

Marcial Canaria CARREA

Edgardo T. CASTILLO

Marcial C. CORREA

Julieta David CUNANAN

Cyriah C. DAEL

Enrique Cuenca DEJESUS

Antonio D. DELA ROSA

Carmen Padua DELEON

Leon Jose Santos DEMESA

Delfin Dancel EBETUER

Francisco So. ERMITANIO

Augusto Cadiz EVANGELISTA

Eleuterio C. EVANGELISTA, Jr.

Benedicto Palaganas FERNANDEZ

Gregorio GABIONZA

Aida Laquin Danam GARONG

Alfredo Abecia GONZALES

Conrado Carlos GUIAO

Brigido S. HERNANDEZ

Oscar Canlas IBARRA

Norberto Santos JAVIER, Jr.

Juan B. Santiago LAURON

Piadosa Falalimpa LAURON

Gaudencio Cruz MACALINAO

Alfredo Nacu MALIT

Guadalupe Tababa MANACO

Leonardo Yumul MANACOP

Jorge Mata MANALILI

Eduardo Ustaris MANUEL

Regina Maningas MANUEL

Catalina A. MATIAS

Flora Cordera MENDOZA

Pedro De Castro MENDOZA

Cirilo Oliquiano NAVALTA

Angel E. OCAMPO, Jr.

Aureliano O. OCASION

Eulogia M. OCASION

Miguel Mendezabel OLIVER

Camillo Arellano ORALLO

Romeo Cabingas PAGAPULAR

Alfonso Basilio PAMINTUAN

Eduard P. PANGELINAN

Andronico Villalino PELEN

Alejandro Purzzan PERREZ

Humberto Lopez QUIBLAT

Betty Leonida F. QUIDILIG

Alberto Palabay RAMOS

Eduard C. REFUGIA

Pedro Amil REMOQUILLO

Jose Isidro SAN JUAN

Mauro Rodiriquz SANTOS

Apolonio M. SEMANA

Aquilino M. SEMANA

Adolfo Canlas SERRANO

Bricco Bautista SISON

Kazuko TAGUCHI

Takashi TAGUCHI

Antonio Francisco TEBORA

Dominador Daya TORRES

Rodico G. VIDAL

Bernardo Ruffy VILLACRUSIS

Victorino Urcia VILLACRUSIS

Levy Nicolas Centeno VILLEGAS

Reynoldo Obsiome YANA

Alberto Tolentino ZARZOSO

UNCLASSIFIED (U)