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

Q: Why is the term "State" capitalized in 8 USC 1101 (36)

I was wondering why the term "State" capitalized in 8 USC 1101 (36) but in other places it is spelled with lowercase letters. Is this trying to say that when capitalized the word "State" only includes the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the United States, however when used with lowercase letters it covers something different? My friend believes this is one of many things supporting the existence of American/State Nationals which he stays are different from "United States Nationals"

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James L. Arrasmith
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A: The term "State" is capitalized in 8 USC 1101(36) to specify a specific legal definition within that section of the U.S. Code. In this context, "State" includes not only the 50 states but also the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the United States. This is a legal convention used to clarify that, for certain federal laws, these territories are treated the same way as states.

When "state" is spelled with lowercase letters in other contexts, it usually refers to one of the 50 states within the United States. The capitalization indicates that a defined term is being used, often with a meaning that has been specified earlier in the law or regulation. This legal distinction is common in U.S. law to avoid ambiguity.

Your friend's interpretation regarding "American/State Nationals" versus "United States Nationals" may be based on a misunderstanding of legal terminology. The U.S. Code and other federal laws do use precise language, but they do not suggest different legal statuses in the way your friend describes. If you have concerns or need more clarity on immigration or nationality law, it might be helpful to consult with a legal professional.

Ms. Norka M. Schell agrees with this answer

1 user found this answer helpful

A: The term is capitalized in other areas of the statute. It could depend on context, scope, use as proper or common noun, or other grammatical technicalities. Good luck

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