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Additionally,
7 FAM 1100 Appendix H MISCELLANEOUS CITIZENSHIP AND NATIONALITY RELATED CERTIFICATES AND OTHER DOCUMENTS
(CT:CON-814; 06-20-2018) (Office of Origin: CA/OCS)7 FAM 1130 APPENDIX H CERTIFICATE OF U.S. NON-CITIZEN NATIONAL STATUS
(CT:CON-677; 08-24-2016)
a. Certificates of Non-Citizen National are authorized pursuant to INA 341(b) (8 U.S.C. 1452(b)). Such certificates were issued only to persons who are nationals but not citizens of the United States, generally persons born in American Samoa or on Swains Island. These certificates are no longer issued. Instead, a U.S. passport containing a specific endorsement stating that the bearer is a U.S. non-citizen national, not a U.S. citizen is issued to these persons. Children born abroad to U.S. Non-Citizen Nationals who acquire U.S. Non-Citizen National status are also eligible for a Consular Report of Birth, coded to print U.S. Non-Citizen National rather than U.S. citizen. See 7 FAM 1440.
b. Adjudication of claims of U.S. Non-Citizen National status requires:
(1) Presentation of satisfactory proof that the applicant is a national, but not a citizen of the United States; or
(2) Taking and subscribing to an oath of allegiance in the United States or its outlying possessions before an immigration officer when petitioning for naturalization. (An outlying possession is defined in INA 101(a)(29) (8 U.S.C. 1101(a)(29)) as American Samoa and Swains Island only).
(3) 7 FAM 1125 and 1140 give detailed guidance about documenting a non-citizen national who was born abroad to a non-citizen national parent. The oath referred to above is also found there.
c. Documentation Issued to Non-Citizen Nationals: A passport containing the following endorsement is issued to non-citizen nationals. (For all endorsement codes see 7 FAM 1300 Appendix B.) The endorsement is Code 09 and states:
THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN.
d. General Correspondence: Several offices in the Department, including CA/OCS/L, CA/PPT/LA/L and L/CA receive many requests for certificates of non-citizen national status. They come from prisoners, tax protesters and other persons who for one reason or other have decided they do not owe allegiance to the United States. Such persons are not eligible for this status and cannot be issued passports with the above endorsement.
e. Questions: (1) If posts have specific questions as a result of receiving such correspondence CA/OCS/L (ASK-OCS-L@state.gov) should be contacted. (2) Agencies should contact CA/PPT/L/LA at ASKPPTAdjudication@state.gov.I guess my question is more, who does this the ‘or’ apply to?
“Why you are a national and not a U.S. citizen” doesn’t address it or really make it clear.
What is the purpose of the ‘or’?
Those born in the USA do not qualify for a Certificate of Citizenship (N-600) issued by USCIS. By defacto, if they can’t choose to opt for one of the two certificate, why do you believe they can choose the other ‘or’ option?
It looks like it would make more sense if one qualifies to receive a Certificate of Citizenship (N-600) by USCIS, then those people can choose either ‘or’?
7 FAM 012 ELIGIBLITY
(CT:CON-416; 07-26-2012)
b. U.S. Non-Citizen Nationals: A non-citizen national of the United States is a person who, though not a citizen, owes permanent allegiance to the United States. Section 308(1) INA (8 U.S.C. 1408(1)) provides that nationals, but not citizens of the United States, include people born in an outlying possession of the United States on or after the date of formal acquisition of such possession, in addition to several other limited categories. Section 101(a)(29) INA (8 U.S.C. 1101(a)(29)) defines the term outlying possessions of the United States to mean American Samoa and Swains Island. Some statutes and treaties, such as Section 302 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands (48 U.S.C. 1801, 48 U.S.C. 1801 Notes), have specified means by which persons who automatically acquired U.S. citizenship could instead opt to be noncitizen nationals, see:
7 FAM 1100, Acquisition and Retention of U.S. Citizenship and Nationality
7 FAM 1121.4, Laws Governing Status of Persons Born in Outlying Possessions
7 FAM 1125, American Samoa and the Swains Island
7 FAM 1126, Commonwealth of the Northern Mariana Islands
https://fam.state.gov/searchapps/viewer?format=html&query=non-citizen%20national&links=NON,CITIZEN,NATION&url=/FAM/07FAM/07FAM0010.html#M012That’s why I’ve asked my question…
I don’t understand how even those born in America Samoa qualify under 8 U.S. Code § 1452(b). Their certificate of birth would be proof of non-citizen national status and would reflect such status when their passport is issued without invoking 8 U.S. Code § 1452(b).
Additionally, say you’re born over seas to parents who are non-citizen national (the way the U.S. government like to see them as) and you qualify for 8 U.S. Code § 1452(b), could those children option for 8 U.S. Code § 1452(a) because of the ‘or’?
8 FAM 101.1-2 Introduction to Consular Reports of Birth Abroad
(CT:CITZ-1; 06-27-2018)
b. U.S. non-citizen nationals are also eligible for a Consular Report of Birth. When processing applications for these individuals, the consular officer must select the non-citizen national option in the automated system to ensure that the FS-240 is printed using the non-citizen national option. The non-citizen national status should also be reflected in the notes portion of the application.
https://fam.state.gov/searchapps/viewer?format=html&query=non-citizen%20national%20birth%20abroad&links=NON,CITIZEN,NATION,BIRTH,ABROAD&url=/FAM/08FAM/08FAM010101.html#M101_1_28 FAM 302.8-1 Introduction
(CT:CITZ-1; 06-27-2018)
e. Certificate of non-citizen national status: See INA 341(b) (8 U.S.C. 1452(b)).
NOTE: Only persons who acquired U.S. non-citizen national status pursuant to INA 308 (8 U.S.C. 1408) or section 204 the Nationality Act of 1940 (NA) are eligible for such a certificate. The Department implements INA 341(b) (8 U.S.C. 1452(b)) by annotating the persons U.S. passport to indicate that he or she is a non-citizen national and not a citizen, using endorsement code 09. (See 8 FAM 505.2.)
https://fam.state.gov/searchapps/viewer?format=html&query=7%20FAM%201125&links=FAM&url=/FAM/08FAM/08FAM030208.html#M302_8_68 FAM 505.2-2 List of Current endorsements
(CT:CITZ-1; 06-27-2018)09 (ALL): THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN.
· Placed in a passport book issued to a U.S. national who is not a citizen.
· “U.S. National” will be printed instead of “USA” on the front of the passport card.
Prior to the creation of this endorsement in 1992, the bearer’s status as a non-citizen U.S. national was indicated by circling the word “National” or crossing out the word “Citizen” in the Secretary’s message on the signature page of the U.S. passport.
https://fam.state.gov/fam/08fam/08fam050502.html#M505_2I look forward in hearing some feedback.
Thanks
