Rochester, NY asked in Immigration Law, Civil Rights and Constitutional Law for New York

Q: What are the different statuses one can have other than citizen, and national?

So my friend is saying that do not fall into the category of citizen or national as they are not a citizen of the United States but are solely a national owing no allegiance to the United States (they call themselves an American State National). I told them that fine but in that case you would instead have to be a "non citizen national" which of course wouldn't apply to them because they are not from American Samoa or Swain Island. He tells me that "state national" is the status that we as Americans are born with....which I told him was incorrect as the 14th amendment grants the right of birthright citizenship to anyone born or naturalized in the United States. Once again he told me this too doesn't apply as that only relates to those who are under the jurisdiction of the United States which "by birth as state nationals we are not under the jurisdiction of the United States".

3 Lawyer Answers

A: No, your friend is incorrect. Under U.S. law, the two primary statuses are citizen and non-citizen national (8 U.S.C. § 1408). American citizenship can be acquired by birth or via naturalization. Non-citizen nationals (Samoa and Swain), still owe allegiance to the U.S.

Carlton S Chen agrees with this answer

A: No, your friend is incorrect. Under U.S. law, the two primary statuses are citizen and non-citizen national (8 U.S.C. § 1408). American citizenship can be acquired by birth or via naturalization. Non-citizen nationals (Samoa and Swain), still owe allegiance to the U.S.

James L. Arrasmith
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Answered

A: Your friend’s understanding of U.S. citizenship and nationality is based on misconceptions. The 14th Amendment clearly states that anyone born or naturalized in the U.S. is a citizen, subject to the jurisdiction of the United States. This means if you are born within the U.S., you automatically become a U.S. citizen, unless you fall under very limited exceptions, such as children of foreign diplomats. The concept of "state nationals" in the way your friend describes does not exist under U.S. law.

A "non-citizen national" status only applies to people born in American Samoa or Swains Island, or those who acquire this status through their parents. These individuals owe allegiance to the United States but do not have full U.S. citizenship rights, such as the right to vote. There is no legal category for someone who is born in the U.S. to opt out of citizenship by claiming they are a "state national" while still living under U.S. jurisdiction.

U.S. citizens, by birth or naturalization, are always under the jurisdiction of the United States, which includes obligations such as obeying U.S. laws. Your friend’s interpretation of the 14th Amendment, and the concept of jurisdiction, is incorrect.

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