A U.S. non-citizen national is someone who owes permanent allegiance to the United States without being a U.S. citizen. In practice, almost everyone in this category was born in American Samoa or Swains Island, the only two U.S. territories that confer nationality rather than citizenship at birth. Non-citizen nationals can live and work anywhere in the United States, carry a U.S. passport, and cannot be deported, but they cannot vote in federal elections or serve on federal juries.
How the Status Differs From Citizenship
Under 8 U.S.C. § 1101(a)(22), a “national of the United States” is either a U.S. citizen or a person who owes permanent allegiance to the country without being a citizen.1Office of the Law Revision Counsel. 8 USC 1101 – Definitions Every citizen is automatically a national; the reverse is not true. Non-citizen nationals sit in a middle category between citizens and foreign nationals: they are not “aliens” under immigration law, so removal proceedings do not apply to them, but they lack the political rights that citizenship carries.
Who Qualifies as a Non-Citizen National
Two routes lead to non-citizen national status, both set out in 8 U.S.C. § 1408.2Office of the Law Revision Counsel. 8 USC 1408 – Nationals but Not Citizens of the United States at Birth
Birth in American Samoa or Swains Island
Federal law defines the “outlying possessions of the United States” as American Samoa and Swains Island, and only those two places.3Office of the Law Revision Counsel. 8 USC 1101 – Definitions Anyone born in either territory on or after the date the United States formally acquired it becomes a non-citizen national at birth.
People born in other U.S. territories, including Puerto Rico, Guam, and the U.S. Virgin Islands, receive citizenship rather than nationality. The Fourteenth Amendment’s citizenship guarantee has not been extended to American Samoa, which remains an unincorporated, unorganized territory. The Supreme Court declined in 2022 to hear Fitisemanu v. United States, leaving the current framework in place.
Birth Abroad to Non-Citizen National Parents
A child born outside the United States and its outlying possessions can also acquire the status through a parent. The rules turn on whether one parent or both are non-citizen nationals.
- If both parents are non-citizen nationals, the child acquires nationality at birth as long as both parents had at some point resided in the United States or an outlying possession.
- If only one parent is a non-citizen national and the other is not a U.S. national, the national parent must have been physically present in the United States or an outlying possession for at least seven years within any ten-year period before the child’s birth, with no single absence longer than one year, and at least five of those seven years must have fallen after the parent turned fourteen.
The seven years do not have to be continuous. School transcripts, employment records, and military service records are commonly used to establish physical presence.
What You Can Do as a Non-Citizen National
The status carries most of the practical rights of being American inside the country:
- Live and work in any U.S. state or territory without a visa, green card, or work permit. On Form I-9, non-citizen nationals are a listed category of people authorized to work.4E-Verify. Form I-9 Employment Eligibility Verification
- Apply for competitive-service federal jobs. Executive Order 11935 allows both citizens and U.S. nationals to be appointed.5U.S. Office of Personnel Management. Employment FAQ – Do I Have to Be a US Citizen to Apply
- Obtain a U.S. passport, which will carry Endorsement Code 09 identifying the holder as a national rather than a citizen.6Department of State Foreign Affairs Manual. 8 FAM 308.9 Acquisition by Birth Abroad to Non-Citizen US National Parents
- Remain in the country without risk of removal. Federal deportation law under 8 U.S.C. § 1227 reaches only “aliens,” and non-citizen nationals are not aliens.7Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
Male non-citizen nationals living in the United States must register with the Selective Service System. Those from American Samoa are required to register once they become habitual residents of the United States or have lived here for at least one year.8Selective Service System. Who Needs to Register
What You Cannot Do
Several core rights of citizenship stay out of reach:
- Voting in federal elections. Only U.S. citizens may vote for the President, the Senate, and the House.9USAGov. Who Can and Cannot Vote
- Federal jury service. Under 28 U.S.C. § 1865, anyone who is not a citizen is disqualified from federal grand and petit juries.10Office of the Law Revision Counsel. 28 USC 1865 – Qualifications for Jury Service
- Travel as a citizen. The Endorsement Code 09 notation on a national’s passport can affect entry rules in foreign countries that treat citizens and nationals differently.
State and local rules vary. Some jurisdictions add restrictions; others extend certain privileges such as local voting.
How to Document Your Status
There are two formal ways to prove non-citizen national status: a certificate from the State Department, or a U.S. passport with the appropriate endorsement.
Certificate of Non-Citizen National Status
Under 8 U.S.C. § 1452(b), a person who claims to be a national but not a citizen may apply to the Secretary of State for a certificate.11Office of the Law Revision Counsel. 8 USC 1452 – Certificates of Citizenship or US Non-Citizen National Status The applicant must be physically inside the United States or an outlying possession when applying. Anyone born outside the United States or its outlying possessions must also take an oath of allegiance before an immigration officer.12U.S. Department of State. Certificates of Non Citizen Nationality
U.S. Passport With Endorsement Code 09
A passport is often more useful day-to-day than a standalone certificate. The State Department issues non-citizen national passports with Endorsement Code 09.6Department of State Foreign Affairs Manual. 8 FAM 308.9 Acquisition by Birth Abroad to Non-Citizen US National Parents First-time applicants must appear in person at a passport agency, center, or consular post to take the oath of allegiance.
Documents You Will Need
- Your birth certificate, if you were born in American Samoa or Swains Island.
- Your parents’ birth records, if your claim is based on parentage.
- A marriage certificate for your parents, if applicable.
- Proof of the national parent’s physical presence, where the claim requires it. School transcripts, employment records, and military records are commonly accepted.13U.S. Citizenship and Immigration Services. Instructions for Form N-600, Application for Certificate of Citizenship
Becoming a U.S. Citizen
Non-citizen nationals who want full citizenship must naturalize, and naturalization requires first becoming a lawful permanent resident. Under 8 U.S.C. § 1427, applicants must have been lawfully admitted for permanent residence and must have lived continuously in the United States for at least five years before filing.14Office of the Law Revision Counsel. 8 USC 1427 – Requirements of Naturalization
Federal regulations soften that requirement for nationals. Under 8 C.F.R. Part 325, time spent living in an outlying possession such as American Samoa counts toward the residency and physical presence requirements, so a national does not need five years on the U.S. mainland.15eCFR. 8 CFR Part 325 – Nationals but Not Citizens of the United States, Residence Within Outlying Possessions The applicant still has to establish residence in a U.S. state before filing. An intent to return to an outlying possession after naturalizing is still treated as intent to reside permanently in the United States.
Otherwise the standards are the same as for any naturalization applicant: good moral character, the English and civics tests, and the oath of allegiance. Because non-citizen nationals already have the right to live and work anywhere in the country, the practical payoff of naturalizing is chiefly the vote and jury service.