8 U.S. Code § 1401 - Nationals and citizens of United States at birth

a person born outside the geographical limits of the alien, and the other a citizen of the service in the Armed Forces of the section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependentsection 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952 , to the same extent as if it had become effective in its present form on that date; and

a person born before noon (Eastern Standard Time) May 24, 1934 , outside the limits and jurisdiction of the United States.

For information regarding the constitutionality of certain provisions of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution. congress .gov.

1994—Subsec. (h). Pub. L. 103–416 added subsec. (h).

1986—Subsec. (g). Pub. L. 99–653 substituted “five years, at least two” for “ten years, at least five”.

1978—Subsec. (a). Pub. L. 95–432, § 3, struck out “(a)” before “The following” and redesignated pars. (1) to (7) as (a) to (g), respectively.

Subsec. (b). Pub. L. 95–432, § 1, struck out subsec. (b) which provided that any person who was aPub. L. 95–432, § 1, struck out subsec. (c) which provided that former subsec. (b) apply to persons born abroad subsequent to May 24, 1934 , except that this not be construed to alter the citizenship of any person born abroad subsequent to May 24, 1934 who, prior to the effective date of this chapter, had taken upNationality Act of 1940.

1972—Subsec. (b). Pub. L. 92–584, § 1, substituted provisions thatPub. L. 92–584, § 3, added subsec. (d).

1966—Subsec. (a)(7). Pub. L. 89–770 authorized periods of employment with theDecember 24, 1952 .

“The amendment made by section 12 [amending this section] shall apply to persons born on or after November 14, 1986 .”

Pub. L. 95–432, § 1, Oct. 10, 1978 , 92 Stat. 1046, provided that the amendment made by section 1 is effective Oct. 10, 1978 .

Chapter effective 180 days after June 27, 1952 , see section 407 of act June 27, 1952 , set out as a note under section 1101 of this title.

“Any provision of law (including section 301(b) of the Immigration and Nationality Act [8 U.S.C. 1401(b)] (as in effect before October 10, 1978 ), and the provisos of section 201(g) of the Nationality Act of 1940 [former 8 U.S.C. 601(g)]) that provided for a person’s loss of citizenship or nationality if the person failed to come to, or reside or be physically present in, theImmigration and Nationality Act (as added by subsection (a)).”

The retroactive application of the amendment made by subsection (a), and subsection (b), shall not confer citizenship on, or affect the validity of any denaturalization, deportation, or exclusion action against, any person who is or was excludable from the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) (or predecessor provision) or who was excluded from, or who would not have been eligible for admission to, theDisplaced Persons Act of 1948 [former 50 U.S.C. App. 1951 et seq.] or under section 14 of the Refugee Relief Act of 1953 [former 50 U.S.C. App. 1971l].”

“This section [amending this section and enacting provisions set out above], the amendments made by this section, and any retroactive application of such amendments shall not effect the application of any provision of law relating to Admission of Alaska as State

Alaska Statehood provisions as not conferring, terminating, or restoring section 21 of Pub. L. 85–508, July 7, 1958 , 72 Stat. 339, set out as a note preceding former section 21 of Title 48, Territories and Insular Possessions.