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in the United States or American Samoa for at least 5 years, at least
2 of which were after the citizen parent became 14 years of age.
(b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—(1) An individual born
outside the United States and American Samoa is a national, but not a citi-
zen, of the United States at birth if—
(A) both parents are nationals, but not citizens, of the United States
who had a residence in the United States or American Samoa before
the individual’s birth; or
(B) one parent is an alien and the other parent is a national, but
not a citizen, of the United States who, before the individual’s birth,
was physically present in the United States or American Samoa for at
least 7 years in any continuous 10–year period—
(i) during which the national parent was not outside the United
States and American Samoa for more than one continuous year;
and
(ii) at least 5 years of which were after the national parent be-
came 14 years of age.
(2) An individual born before August 27, 1986, is a national, but not a
citizen, of the United States under paragraph (1)(B) of this subsection only
as of the date the individual satisfies the Secretary of State that the individ-
ual meets the requirements of paragraph (1)(B).
(c) TIME OUTSIDE THE UNITED STATES INCLUDED IN PERIOD OF PRES-
ENCE.—In subsections (a)(3) and (b)(1)(B) of this section, the period of
physical presence includes, for an individual born after December 23, 1952,
any period the citizen parent or national parent spent outside the United
States and American Samoa—
(1) honorably serving in the armed forces of the United States or
employed by the United States Government or an international organi-
zation; or
(2) as a dependent unmarried son or daughter and member of the
household of an individual honorably serving in the armed forces or em-
ployed by the Government or an international organization.
(d) INDIVIDUAL BORN BETWEEN 1941 AND 1952.—Subsection (a)(3) of
this section also applies to an individual if—
(1) the individual was born outside the United States and American
Samoa after January 12, 1941, and before December 24, 1952;
(2) one of the individual’s parents is a citizen of the United States
who served in the armed forces of the United States after December
31, 1946, and before December 24, 1952; and
(3) the individual did not become a citizen under section 201(g) or
(i) of the Nationality Act of 1940 (ch. 876, 54 Stat. 1139).
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(e) INDIVIDUAL BORN BEFORE MAY 24, 1934, WHOSE MOTHER WAS
CITIZEN.—(1) An individual is a citizen of the United States at birth if—
(A) the individual was born before noon (Eastern Standard Time)
May 24, 1934, outside the limits and jurisdiction of the United States;
(B) the individual’s father was an alien; and
(C) the individual’s mother was a citizen of the United States at the
time of the individual’s birth and had resided in the United States be-
fore the individual’s birth.
(2) When an individual is claiming citizenship of the United States based
on descent from an individual described in paragraph (1) of this subsection,
any law that provided for loss of citizenship or nationality for failure to
come to, reside in, or be physically present in the United States does not
apply, including—
(A) the provisos of section 201(g) of the Nationality Act of 1940 (ch.
876, 54 Stat. 1139); and
(B) section 301(b) of the Immigration and Nationality Act (ch. 477,
66 Stat. 236) (as in effect before October 10, 1978).
(3)(A) Except as provided in subparagraphs (B) and (C) of this para-
graph, the immigration laws of the United States shall be applied to an in-
dividual as though paragraphs (1) and (2) of this subsection had been in
effect on the date of the individual’s birth.
(B) Retroactive application of paragraphs (1) and (2) of this subsection
does not affect the citizenship of an individual who obtained citizenship
under section 1993 of the Revised Statutes (as in effect before May 24,
1934).
(C) Retroactive application of paragraphs (1) and (2) of this subsection
does not confer citizenship on, or affect the validity of any denaturalization,
exclusion, or deportation action against, an individual who—
(i) is or was excludable from the United States under section 6309
of this title; or
(ii) was excluded from, or would not have been eligible for admission
to, the United States under the Displaced Persons Act of 1948 (ch.
647, 62 Stat. 1009) or section 14 of the Refugee Relief Act of 1953
(ch. 336, 67 Stat. 406).
(4) This subsection does not affect any residency or other retention re-
quirement, as in effect before October 10, 1978, related to granting of citi-
zenship.
§ 20105. Individuals born out of wedlock
(a) NATIONALITY AT BIRTH THROUGH MOTHER.—An individual born out
of wedlock outside the United States after December 23, 1952, is—
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(1) a citizen of the United States at birth if the mother is a citizen
of the United States who was physically present in the United States
or American Samoa for at least one continuous year before the individ-
ual’s birth; or
(2) a national, but not a citizen, of the United States at birth if the
mother is a national, but not a citizen, of the United States who was
physically present in the United States or American Samoa for at least
one continuous year before the individual’s birth.
(b) NATIONALITY AT BIRTH THROUGH FATHER.—(1) Sections 20102(a)
and 20104(a) and (b)(1)(A) of this title apply to an individual born out of
wedlock after December 23, 1952, if—
(A) a blood relationship between the individual and the father is es-
tablished by clear and convincing evidence;
(B) the father—
(i) is a citizen of the United States or a national, but not a citi-
zen, of the United States when the individual is born; and
(ii) if alive when the individual is born, agrees in writing to pro-
vide financial support for the individual until the individual is 18
years of age; and
(C) before the individual becomes 18 years of age—
(i) the individual is legitimated under the law of the individual’s
residence or domicile;
(ii) the father acknowledges paternity in writing under oath; or
(iii) a court of competent jurisdiction establishes paternity.
(2) Section 20104(a)(3) of this title applies to an individual born out of
wedlock after January 12, 1941, and before December 24, 1952, if pater-
nity is established and the individual is legitimated before becoming 21
years of age.
§ 20106. Individuals born in the Republic of Panama or the
Canal Zone
(a) INDIVIDUAL BORN IN REPUBLIC OF PANAMA.—An individual born in
the Republic of Panama after February 25, 1904, is a citizen of the United
States at birth if one parent is a citizen of the United States employed by
the Government or the Panama Canal Commission or its successor when the
individual is born.
(b) INDIVIDUAL BORN IN CANAL ZONE.—An individual born in the Canal
Zone after February 25, 1904, and before October 1, 1979, is a citizen of
the United States at birth if one parent was a citizen of the United States
when the individual was born.
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§ 20107. Noncitizen Indians born in Alaska after March 29,
1867, and before June 2, 1924
A noncitizen Indian born in Alaska after March 29, 1867, and before
June 2, 1924, is a citizen of the United States as of June 2, 1924.
§ 20108. Citizens of the Republic of Hawaii and individuals
born in Hawaii after August 11, 1898, and before
April 30, 1900
The following individuals are citizens of the United States as of April 30,
1900:
(1) a citizen of the Republic of Hawaii on August 12, 1898.
(2) an individual born in Hawaii after August 11, 1898, and before
April 30, 1900.
§ 20109. Individuals residing in or born in Guam after April
10, 1899, and before August 1, 1950
(a) CITIZENSHIP.—Except as provided in this section, the following indi-
viduals are citizens of the United States as of August 1, 1950:
(1) a Spanish subject or an individual born in Guam who resided in
Guam on April 11, 1899, and continued to reside in the United States
or a territory or possession of the United States through August 1,
1950.
(2) an individual born after April 11, 1899, and before August 1,
1950, whose parents are citizens under clause (1) of this subsection.
(3) an individual born in Guam after April 10, 1899, and before Au-
gust 1, 1950, and subject to the jurisdiction of the United States.
(b) INDIVIDUAL WHO TOOK AFFIRMATIVE STEP TO PRESERVE OR AC-
QUIRE NATIONALITY OF A FOREIGN COUNTRY.—Subsection (a) of this sec-
tion does not apply to an individual who took an affirmative step to preserve
or acquire the nationality of a foreign country before August 1, 1950.
(c) INDIVIDUAL WHO DECLARED DESIRE TO REMAIN A NATIONAL OF
A FOREIGN COUNTRY.—An individual under this section who was a national
of a foreign country before August 1, 1950, and who declared under oath
before August 1, 1952, in a way prescribed by the Attorney General, a de-
sire to remain a national of the foreign country is not a national of the
United States as of the date the declaration is made.
§ 20110. Individuals born in Puerto Rico after April 10, 1899,
and before January 13, 1941
An individual is a citizen of the United States as of January 13, 1941,
if the individual was—
(1) born in Puerto Rico after April 10, 1899, and before January
13, 1941;
(2) subject to the jurisdiction of the United States; and