8 FAM 308
(U) Non-Citizen U.S. Nationality
8 FAM 308.1
Introduction to Non-Citizen U.S. Nationality
(CT:CITZ-35; 05-15-2020)
(Office of Origin: CA/PPT/S/A)
8 FAM 308.1-1 Status of Inhabitants of Territories, Absent Laws Defining Status
(CT:CITZ-35; 05-15-2020)
A child born in an outlying possession before January 13, 1941, whose father (or mother if the child was born out of wedlock) was a non-citizen U.S. national, was held to have acquired the parent's status, and a child born there to alien parents was held not to have acquired U.S. nationality.
8 FAM 308.1-2 Potential Citizenship Claims
(CT:CITZ-35; 05-15-2020)
Persons born in the outlying possessions may have a claim to U.S. citizenship or U.S. nationality. If an applicant has a potential claim to U.S. citizenship, that claim must be properly adjudicated before a qualifying applicant may be documented as a non-citizen U.S. national. Some statutes and treaties, such as Section 302 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands, have specified means by which persons who automatically acquired U.S. citizenship could instead opt to be non-citizen U.S. nationals. In the absence of such a provision, a person who has acquired U.S. citizenship may not choose to be a non-citizen U.S. national rather than a U.S. citizen.