Certificates of Non Citizen
Nationality
The Department of State occasionally receives
requests for certificates of non-citizen national status
pursuant to Section 341(b)of the Immigration and
Nationality Act (INA), 8 USC 1452(b).
As defined by the INA, all U.S. citizens are U.S.
nationals but only a relatively small number of persons
acquire U.S. nationality without becoming U.S.
citizens. Section 101(a)(21) of the INA defines the
term “national” as “a person owing permanent
allegiance to a state.” Section 101(a)(22) of the INA
provides that the term “national of the United States”
includes all U.S. citizens as well as persons who,
though not citizens of the United States, owe
permanent allegiance to the United States (non-citizen
nationals).
Section 308 of the INA confers U.S. nationality but not
U.S. citizenship, on persons born in "an outlying
possession of the United States" or born of a parent or
parents who are non-citizen nationals who meet
certain physical presence or residence requirements.
The term “outlying possessions of the United States”
is defined in Section 101(a)(29) of the INA as
American Samoa and Swains Island. No other statutes
define any other territories or any of the states as
outlying possessions.
In addition to Section 308 of the INA, Section 302 of
Public Law 94 - 241 provides for certain inhabitants of
the Commonwealth of the Northern Mariana Islands,
who became United States citizens by virtue of Article
III of the Covenant, to opt for non-citizen national
status. (See requirements of Section 302).
As the Department has received few requests, there is
no justification for the creation of a non-citizen
national certificate. Designing a separate document
https://travel.state.gov/content/travel/en/legal/travel-legal-consi rations/us-citizenship/Certificates-Non-Citizen-Nationality.html# 8/23/24, 9 07 AM
Page 1 of 4
:
d
national certificate. Designing a separate document
that includes anti-fraud mechanisms was seen as an
inefficient expenditure of resources. Therefore, the
Department determined that those who would be
eligible to apply for such a certificate may instead
apply for a United States passport that would
delineate and certify their status as a national but not
a citizen of the United States.
If a person believes he or she is eligible under the law
as a non-citizen national of the United States and the
person complies with the provisions of section 341(b)
of the INA, 8 USC 1452(b), he/she may apply for a
passport at any Passport Agency or acceptance
facility in the United States. When applying, applicants
must execute a Form DS-11 and show documentary
proof of their non-citizen national status as well as
their identity.
Pertinent Sections of Law on Non-Citizen
Nationality
Section 341 of the Immigration and
Nationality Act:
(b) A person who claims to be a national, but not a
citizen, of the United States may apply to the Secretary
of State for a certificate of non-citizen national status.
Upon - (1) proof to the satisfaction of the Secretary of
State that the applicant is a national, but not a citizen,
of the United States; and, (2) in the case of a non-
citizen national born outside of the United States or its
outlying possessions, taking and subscribing, before
an immigration officer within the United States or its
outlying possessions, to the oath of allegiance
required of an applicant for naturalization.
Section 101(a)(21) of the Immigration and
Nationality Act:
The term “national” means a person owing permanent
https://travel.state.gov/content/travel/en/legal/travel-legal-consi rations/us-citizenship/Certificates-Non-Citizen-Nationality.html# 8/23/24, 9 07 AM
Page 2 of 4
:
d
The term “national” means a person owing permanent
allegiance to a state.
Section 101(a)(29) of the Immigration and
Nationality Act:
The term "outlying possessions of the United States"
means American Samoa and Swains Island.
Section 101(a)(36) of the Immigration and
Nationality Act:
The term "State" includes the District of Columbia,
Puerto Rico, Guam, and the Virgin Islands of the
United States.
Section 308 of the Immigration and
Nationality Act:
Unless otherwise provided in section 301 of this title,
the following shall be nationals, but not citizens of the
United States at birth:
(1) A person born in an outlying possession of the
United States on or after the date of formal acquisition
of such possession;
(2) A person born outside the United States and is
outlying possessions of parents both of whom are
nationals, but not citizens, of the United States, and
have had a residence in the United States, or one of its
outlying possessions prior to the birth of such person;
(3) A person of unknown parentage found in an
outlying possession of the United States while under
the age of five years, until shown, prior to attaining the
age of twenty-one years, not to have been born in such
outlying possessions; and
(4) A person born outside the United States and its
outlying possessions of parents one of whom is an
alien, and the other a national, but not a citizen, of the
United States who, prior to the birth of such person,
https://travel.state.gov/content/travel/en/legal/travel-legal-consi rations/us-citizenship/Certificates-Non-Citizen-Nationality.html# 8/23/24, 9 07 AM
Page 3 of 4
:
d
United States who, prior to the birth of such person,
was 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 -
(A) during which the national parent was not outside
the United States 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 (301(g) shall apply to the
national parent under this paragraph in the same
manner as it applies to the citizen parent under that
section.
Section 302 of Public Law 94 - 241:
Any person who becomes a citizen of the United
States solely by virtue of the provisions in Section 301
[applying to those born in or residing in the Northern
Mariana Islands] may within six months after the
effective date of that Section or within six months
after reaching the age of 18 years, whichever date is
later, become a national but not a citizen of the United
States by making a declaration under oath before any
court established by the Constitution or laws of the
United States or any other court of record in the
Commonwealth in the form as follows " I _____ being
duly sworn, hereby declare my intention to be a
national but not a citizen of the United States."
https://travel.state.gov/content/travel/en/legal/travel-legal-consi rations/us-citizenship/Certificates-Non-Citizen-Nationality.html# 8/23/24, 9 07 AM
Page 4 of 4
:
d
