The Difference Between U.S. 'Citizens' and 'Nationals': Legal Definitions, Applicable Groups, and Rights Differences

Not long ago, I made a video explaining '13 things you may not know about U.S. passports.' In it, I mentioned that the Secretary of State's statement on the first page of a U.S. passport, when requesting that various parties grant facilitation to 'the bearer,' uses the term 'the citizen/national'—that is, a U.S. citizen or national. The reason is that some people are U.S. nationals and hold U.S. passports but are not U.S. 'citizens.' Their most important difference is that they cannot vote in federal elections—for example, people in the territory of American Samoa.

A reader said: 'The term national on the passport does not only refer to U.S. territories or trust territories. Americans before age eighteen, before they have full citizenship rights, are all nationals. Also, criminals who lose citizenship during a period of civil death are nationals.' I have indeed never heard such a claim. As for what a 'non-citizen national' is, the State Department website has a dedicated page explaining 'Certificates of Non Citizen Nationality.' We provide a brief translation below.

State Department Explanation and Statutory Definitions

The Department of State occasionally receives requests to certify non-citizen national status under Section 341(b) of the Immigration and Nationality Act (INA) (8 U.S.C. 1452(b)). Under the INA's definitions, all U.S. citizens are U.S. nationals, and only a small number of people hold U.S. nationality without being U.S. citizens. INA Section 101(a)(21) defines the term "national" as "a person owing permanent allegiance to a state." INA Section 101(a)(22) provides that the term "national of the United States" includes all U.S. citizens as well as persons who, though not citizens, owe permanent allegiance to the United States (i.e., non-citizen nationals).

INA Section 308 confers U.S. nationality, but not U.S. citizenship, on two categories of people: those born in an "outlying possession of the United States," and those whose parents are non-citizen nationals and who meet specific physical presence requirements. INA Section 101(a)(29) defines "outlying possessions of the United States" as American Samoa and Swains Island. No other statute designates any other territory or any state as an outlying possession.

In addition to INA Section 308, Section 302 of Public Law 94-241 provides that certain residents of the Commonwealth of the Northern Mariana Islands who become U.S. citizens under Article III of the Covenant may elect non-citizen national status instead.

Because the Department of State receives very few such requests, it has not created a certification for "non-citizen nationals." Designing a separate document with anti-fraud features for such a small demand would be a waste of resources. The Department therefore decided that persons eligible to apply for such a certificate of non-citizen national status may instead apply for a U.S. passport, which will set out in detail and certify their status as U.S. nationals but not U.S. citizens.

A person who believes he or she qualifies as a "non-citizen national" under the law and meets the requirements of INA Section 341(b) (8 U.S.C. 1452(b)) may apply for a passport at any passport agency or acceptance facility in the United States. The applicant must complete Form DS-11 and present documentary evidence establishing non-citizen national status and identity.

Relevant Statutory Provisions on Non-Citizen Nationality

• INA Section 341: (b) A person who claims to be a U.S. national but not a citizen may apply to the Secretary of State for a certificate of non-citizen national status. Where—(1) the applicant proves to the Secretary of State that the applicant is a U.S. national but not a citizen; and (2) if the non-citizen national was born outside the United States or its outlying possessions, the applicant must take an oath and subscribe to the oath of allegiance required of naturalization applicants before an immigration officer within the United States or its outlying possessions.

• INA Section 101(a)(21): The term 'national' means a person owing permanent allegiance to a state.

• INA Section 101(a)(29): The term 'outlying possessions of the United States' means American Samoa and Swains Island.

• INA Section 101(a)(36): The term 'State' includes the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

In addition, INA Section 308:

Unless otherwise provided in Section 301 of this Act, the following persons shall be U.S. nationals but not citizens at birth:

• (1) a person born in an outlying possession of the United States on or after the date the United States formally acquired the possession;

• (2) a person born outside the United States and its outlying possessions of parents both of whom are U.S. nationals but not citizens, and one of whom has had a residence in the United States or one of its outlying possessions prior to the birth of such person;

• (3) a person of unknown parentage found in an outlying possession of the United States while under the age of five years, until it is shown before such person reaches the age of twenty-one that he or she was not born in such outlying possession; and

• (4) a person born outside the United States and its outlying possessions of parents one of whom is an alien and the other a U.S. national but not a citizen, and the national parent has had a physical presence in the United States or its outlying possessions for a period or periods totaling not less than seven years, which seven years are within any period of ten consecutive years—(A) during which the national parent was not outside the United States or its outlying possessions for a continuous period of more than one year, and (B) at least five of which were after the national parent attained the age of fourteen years.

The proviso of Section 301(g) shall apply to the national parent referred to in this paragraph in the same manner as it applies to a citizen parent.

• Public Law 94-241, Section 302: Any person who became a U.S. citizen solely by virtue of Section 301 (applicable to persons born or residing in the Northern Mariana Islands) may, within six months after the effective date of that section or within six months after reaching age 18, whichever is later, become a U.S. national but not a citizen by taking an oath before any court established by the Constitution or laws of the United States or any other court of record within the United States, in the following form: 'I, __, do solemnly swear that it is my intention to become a U.S. national but not a citizen.'

Passport Annotation for Non-Citizen Nationals

In short, "non-citizen nationals" are primarily people born in American Samoa and Swains Island (part of Samoa), or their children—unless the children are born in the U.S. mainland, in which case they automatically become citizens. Non-citizen nationals have no separate document (the State Department says this group is too small to justify designing a dedicated certificate); they apply for a U.S. passport just like U.S. citizens, but the passport bears a special annotation: "The bearer is a United States national and not a United States citizen."

Annotation on a non-citizen national passport | Image source

Differences Between 'Nationals' and 'Citizens'

I already explained their most important difference in the video: citizens can vote in federal elections (such as presidential elections), while nationals cannot.

Other differences include:

• Under immigration law, U.S. citizens can petition for their siblings. Nationals do not have this right.

• Job opportunities with the federal government (as well as defense contractors) and certain international organizations require applicants to be 'U.S. citizens'—I live near the capital, DC, where many positions explicitly require 'U.S. citizen' status. Non-citizen nationals may not be able to obtain these employment opportunities.

Finally, non-citizen nationals can, after meeting the requirements, naturalize and become U.S. citizens, just like other foreigners.