UNCLASSIFIED (U)

8 FAM 302.2

Acquisition by Birth in The Commonwealth of the Northern Mariana Islands

(CT:CITZ-62;   10-14-2021)
(Office of Origin:  CA/PPT/S/A)

8 FAM 302.2-1  Summary

(CT:CITZ-62;   10-14-2021)

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.  The United Nations (U.N.) provided oversight to all of the TTPI and the agreement was designed so that each entity could choose its own political arrangement.  The U.N. encouraged each country to become self-governing and self-sufficient.  The TTPI remained largely intact until 1986 when Palau agreed to a Compact of Free Association with the United States and the TTPI was dissolved completely.

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 of 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, and 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.  The Sabangan decision applies to those who acquire citizenship under Section 301(a) of the CNMI Covenant through birth in the Islands of Saipan, Rota, and Tinian.

f.  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. Because acquisition of U.S. citizenship under the covenant can be very complex, consular officers at U.S. embassies and consulates and adjudication managers at passport agencies/centers with such cases may wish to contact AskPPTAdjudication@state.gov for guidance.

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

(CT:CITZ-62;   10-14-2021)

To reduce the burden on the applicant, if the applicant has a claim to U.S. citizenship under another provision of the INA, you should attempt to document the applicant under that law first, and not the CNMI Covenant.

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-62;   10-14-2021)

a. An applicant claiming U.S. citizenship or non-citizen U.S. nationality under section 301 of the CNMI 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, passport acceptance agent, or passport specialist.  The supplemental statement contains the applicant's oath or affirmation that they 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 their intention to become a non-citizen U.S. national (see 8 FAM 302.6-9).  You must attach the statement to the form DS-11.

b. You must annotate in the evidence block the law and section under which the applicant acquired U.S. citizenship or non-citizen U.S. nationality (for example, Public Law 94-241 Section 301(a)).

8 FAM 302.2-4(B)  Definitions

(CT:CITZ-62;   10-14-2021)

a. Section 301 of the CNMI Covenant provides that:

Section 301. The following persons and their children under the age of 18 years on the effective date of this Section, who are not citizens or nationals of the United States under any other provision of law, and who on that date do not owe allegiance to any foreign state, are declared to be citizens of the United States, except as otherwise provided in Section 302;

          (a) all persons born in the Northern Mariana Islands who are citizens of the Trust Territory of the Pacific Islands on the day preceding the effective date of this Section, and who on that date are domiciled in the Northern Mariana Islands or in the United States or any territory or possession thereof;

          (b) all persons who are citizens of the Trust Territory of the Pacific Islands on the day preceding the effective date of this Section, who have been domiciled continuously in the Northern Mariana Islands for at least five years immediately prior to that date, and who, unless under age, registered to vote in elections for the Mariana Islands District Legislature or for any municipal election in the Northern Mariana Islands prior to January 1, 1975; and

          (c) all persons domiciled in the Northern Mariana Islands on the day preceding the effective date of this Section, who, although not citizens of the Trust Territory of the Pacific Islands, on that date have been domiciled continuously in the Northern Mariana Islands beginning prior to January 1, 1974.

b. Regarding domicile in the CNMI:

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”.

NOTE:  A post office box is not evidence of domicile.

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

(CT:CITZ-62;   10-14-2021)

Applicants must provide:

(1)  A certified copy of his or her birth certificate.  If a birth certificate is not on file, the applicant 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);

(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; and

NOTE:  Applications for persons born in the CNMI who did not acquire citizenship under section 301(a) of the Covenant should be adjudicated for possible acquisition under section 301(b) or section 301(c).

(3)  Evidence of domicile in the CNMI or in the United States or any territory or possession on the day preceding the effective date of the CNMI Covenant.

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

(CT:CITZ-62;   10-14-2021)

a. Section 301(b) confers U.S. citizenship as of November 4, 1986 on a person who was:

(1)  A citizen of the former TTPI (as defined in 8 FAM 302.6-4(B)) on November 3, 1986;

(2)  Domiciled continuously in the CNMI from at least November 4, 1981 to November 3, 1986; and

(3)  Registered to vote, unless under age, in CNMI elections before January 1, 1975. 

b. 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 from one of the former TTPI Islands (not Saipan, Tinian or Rota).  If a birth certificate is not on file, the applicant 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;

NOTE: Because many records were destroyed during World War II, most applicants born before 1950 do not have certified birth certificates or have delayed birth records.

NOTE: If the applicant was born outside the TTPI, and was 21 or older on November 3, 1986, he or she must also provide evidence that he or she became a permanent resident of the TTPI while under the age of 21. - Title: NOTE - Description: NOTE If the applicant was born outside the TTPI, and was 21 or older on November 3, 1986, he or she must also provide evidence that he or she became a permanent resident of the TTPI while under the age of 21.(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, the applicant 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.

NOTE:  The Barasi decision (see 8 FAM 102.4-11 and 8 FAM 302.2-3) provides further guidance in defining continuous domicile.

NOTE:  Applications for persons born in the former TTPI who did not acquire citizenship under section 301(a) or section 301(b) of the Covenant should be adjudicated for possible acquisition under section 301(c).

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

(CT:CITZ-62;   10-14-2021)

a. Section 301(c) of the CNMI covenant confers citizenship as of November 4, 1986 on those who:

(1)  Were 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 they were TTPI citizens

b. These applicants must provide the following proof of citizenship (see 8 FAM 302.2-11):

(1)  A certified copy of the applicant's 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.  All of the Pangelinan plaintiffs have been entered into CLASS.

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

(CT:CITZ-62;   10-14-2021)

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 provision 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, you must first establish one biological 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, you must review the file through the American Citizen Record Query (ACRQ) system (because 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 INA 301, 308, or 309.

d. Children adopted by persons who acquired U.S. citizenship under section 301 of the CNMI Covenant are also citizens under section 301 of the CNMI Covenant 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-62;   10-14-2021)

Under the Sabangan decision (see 8 FAM 102.4), 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-62;   10-14-2021)

All persons born in the CNMI after November 3, 1986 acquire U.S. citizenship at birth under section 303 of the CNMI 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.  The supplemental statement is not needed under Section 303 of the CNMI Covenant.

8 FAM 302.2-7  Northern Mariana Identification Card

(CT:CITZ-62;   10-14-2021)

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, you may require additional documentation.

b. The face of the Northern Mariana Identification Card was 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 unlabeled 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:

CNMI Identification Card …

The reverse side of the card reads:

“THE PERSON IDENTIFIED ON THIS CARD HAS BEEN DETERMINED TO BE A CITIZEN OF THE UNITED STATES PURSUANT TO PUBLIC LAW 94‑241 OF MARCH 24, 1976 AND PRESIDENTIAL PROCLAMATION 5564 OF NOVEMBER 3, 1986.”

d. The text was 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 fraud prevention unit for verification.

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

(CT:CITZ-62;   10-14-2021)

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 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.)

PLACE

(city, state/province, country)

DATES

From  mm/dd/yyyy to mm/dd/yyyy (Month/Day/Year)

PURPOSE OF RESIDENCE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*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-62;   10-14-2021)

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.

Date of Birth

Place of Birth

Status of Parent(s)

Domicile Required

Section of Covenant

Comments

On or after 12:01 a.m., 11/4/1986 (Saipan time)

CNMI

N/A

N/A

303

Parent’s status immaterial.  Supplemental statement not required.

After 11 a.m. 01/09/1978 and before 12:01 a.m. 11/04/1986 (Saipan time)

CNMI

N/A

N/A

501(a)

Parent(s)’ status immaterial.  Supplemental Statement not required.

On or after 11/5/1968 and before 11 a.m. 01/09/1978 (under 18 on the effective date of Section 301 of  the Covenant)

CNMI

one or both natural parent(s) U.S. citizens

N/A

first see INA; 301(c)

Adjudicate under applicable provisions of the INA.  Exception:  If both parents born in Guam before 1950, should generally adjudicate under Section 301(c) of the Covenant.

(1) both natural parents TTPI citizens;

    ---OR---

(2) one natural parent born in TTPI [NMI, Palau (Belau), Caroline Islands or Marshall Islands]

Must have been domiciled in the CNMI, the U.S. or its possessions on 11/3/1986.

(1) Section 301(a)

 

(2) Section 301(a) and Department interpretation of Dela Cruz decision

Blood relationship required.  If born out of wedlock to a father born in TTPI, paternity must be established; however, legitimation is not required under the Covenant.

anywhere

one natural parent acquired under Section 301(a) of the Covenant

none

301(a) and Department interpretations of Dela Cruz decision and “and their children”

 

one adoptive parent acquired under Section 301(a) of the Covenant

none

301(a) and Department interpretation of “and their children”

Adoption must have been finalized before 11/4/1986.

Before 11/5/1968 (over 18 on the effective date of the Covenant)

CNMI

one or both natural parent(s) U.S. citizens

 

Both natural parents TTPI citizens;

N/A

first see INA or NA; 301(c)

Adjudicate under applicable provisions of the INA or NA.  Exception:  If both parents born in Guam before 1950, should generally adjudicate under Section 301(c) of the Covenant.

one natural parent born in the TTPI

Must have been domiciled in the NMI, the U.S. or its possessions on 11/3/1986.

(1) Section 301(a)

 

(2) Section 301(a) and Shoda decision

Before 1950, birth records are generally unavailable.  Evidence required is a letter of no record, and baptismal certificate or other acceptable secondary evidence.  If born out of wedlock to a father born in the TTPI, paternity must be established; however, legitimation is not required.


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

(CT:CITZ-62;   10-14-2021)

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.

Date of Birth

Place of

Birth

Status of Parent(s)

Section of Covenant

Domicile Required

Comments

On or after

11/5/1981

and before

11/4/1986

 

anywhere

one natural parent acquired under Section 301(b) of the Covenant

301(b) and Department

interpretations of Dela

Cruz decision and "and

their children"

none

 

one adoptive parent acquired under Section 301(b) of the Covenant

301(b) and Department

interpretation of "and

their children"

 

none

Adoption must have been finalized before 11/4/1986.

On or after

11/5/1968

and before

11/5/1981

TTPI

one parent born in the TTPI

301(b) and Department interpretation of Dela Cruz decision

Must provide evidence of domicile in CNMI from 11/4/1981 to 11/3/1986.

Registration to vote not needed since under age on 1/1/1975.

anywhere

Both parents TTPI citizens

301(b)

Must provide evidence of domicile in CNMI from 11/4/1981 to 11/3/1986.

Registration to vote not needed since under age on 1/1/1975.

one natural parent acquired under Section 301(b) of the Covenant

301(b) and Department interpretations of Dela Cruz decision and “and their children”

none

 

one adoptive parent acquired under Section 301(b) of the Covenant

301(b) and Department interpretation of “and their children”

none

Adoption must have been finalized before 11/4/1986.

On or after

1/1/1957 and

before

11/5/1968

 

TTPI

one parent born in the TTPI

301(b) and Department of Justice memorandum dated 6/9/1988

Must provide evidence of domicile in CNMI from 11/4/1981 to 11/3/1986.

Registration to vote not needed since under age on 1/1/1975.

anywhere

both parents TTPI citizens

301(b)

Must provide evidence of domicile in CNMI from 11/4/1981 to 11/3/1986.  If born outside the TTPI, must have become permanent resident of TTPI before reaching age 21.

Registration to vote not needed since under age on 1/1/1975.

Before

1/1/1957

 

TTPI

one parent born in the TTPI

301(b) and Department of Justice memorandum dated 6/9/1988

Must provide evidence of domicile in CNMI from 11/4/1981 to 11/3/1986.

Must provide evidence of registration to vote in CNMI municipal or legislative election before 1/1/1975.

anywhere

both parents TTPI citizens

301(b)

Must provide evidence of domicile in CNMI from 11/4/1981 to 11/3/1986.  If born outside the TTPI, must have become permanent resident of TTPI before reaching age of 21.

Must provide evidence of registration to vote in CNMI municipal or legislative election before 1/1/1975.


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

(CT:CITZ-62;   10-14-2021)

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.

Date of Birth

Status of Parent(s)

Section of Covenant

Comments

On or after 1/1/1974 and before 11/4/1986

one natural parent acquired under Section 301(c) of the Covenant

301(c) and Department interpretations of Dela Cruz decision and "and their children"

Domicile in CNMI or U.S. not needed to acquire U.S. citizenship.

one adoptive parent acquired under Section 301(c) of the Covenant

301(c) and Department interpretation of "and their children"

Adoption must have been finalized before 11/4/1986. Domicile in CNMI or U.S. not needed to acquire U.S. citizenship.

On or after 11/5/1968 and before 1/1/1974

one natural parent acquired under Section 301(c) of the Covenant

301(c) and Department interpretations of Dela Cruz decision and "and their children"

Domicile in CNMI or U.S. not needed to acquire U.S. citizenship.

one adoptive parent acquired under Section 301(c) of the Covenant

301(c) and Department interpretation of "and their children"

Adoption must have been finalized before 11/4/1986. Domicile in CNMI or U.S. not needed to acquire U.S. citizenship.

parents' status immaterial*

301(c) and Department interpretation of Barasi decision

Persons in the Pangelinan class must provide documents to establish domicile in the CNMI for the period 3/6/1977 through 11/3/1986. All other applicants must provide documents to establish domicile in the CNMI for the period 12/31/1973 through 11/3/1986.

Before 11/5/1968

Parents’ status immaterial*

301(c) and Department interpretation of Barasi decision

Persons in the Pangelinan class must provide documents to establish domicile in the CNMI for the period 3/6/1977 through 11/3/1986.  All other applicants must provide documents to establish domicile in the CNMI for the period 12/31/1973 through 11/3/1986.

* 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).

UNCLASSIFIED (U)