In everyday conversation, “national” and “citizen” often sound interchangeable. U.S. law makes a distinction: every U.S. citizen is a U.S. national, but a small group of people are U.S. nationals who are not citizens. That difference can affect voting, passports, and how a person describes their status. The legal definition, the places where noncitizen nationality commonly arises, and the rights it provides help clarify what it means to be a national under U.S. law.
What Does “National” Mean Under U.S. Law?
The Immigration and Nationality Act (INA) defines a “national of the United States” as either a U.S. citizen or a person who, while not a citizen, owes permanent allegiance to the United States. The definition appears at 8 U.S.C. § 1101(a)(22).
The key distinction is that nationality is the broader category, and citizenship is one form of U.S. nationality. U.S. citizens are nationals. Noncitizen nationals have a recognized legal relationship to the United States but do not hold U.S. citizenship.
In U.S. legal discussions, nationality generally concerns a person’s formal relationship with a country. It is different from residence, which describes where someone lives, and from immigration status, which describes a person’s permission or legal basis to live in the United States. A person’s place of birth, parents’ citizenship, and applicable statutes may determine their nationality.
U.S. National vs. U.S. Citizen
The difference is easiest to understand by comparing the two categories. Most people who are U.S. nationals are citizens; noncitizen nationals are a much smaller group. Both categories have a connection to the United States, but citizenship carries additional political rights and protections.
| Question | U.S. citizen | Noncitizen U.S. national |
|---|---|---|
| Is the person a U.S. national? | Yes | Yes |
| Is the person a U.S. citizen? | Yes | No |
| Can the person generally vote in federal elections? | Yes, subject to registration and other election rules | No |
| Can the person hold a U.S. passport? | Yes, if eligible and approved | Yes, with the person’s nationality status identified |
| Does the person owe allegiance to the United States? | Yes | Yes |
Voting rules are an important practical distinction. Federal law generally limits voting in federal elections to citizens, and noncitizen nationals are not citizens. State and local election rules also vary, but they do not turn a noncitizen national into a citizen.
Citizenship may also matter for certain government positions, eligibility for some benefits, and the ability to transmit citizenship to children. The rules for each of these issues depend on the specific law and facts involved, so nationality alone should not be treated as an answer to every eligibility question.
Who Is a Noncitizen U.S. National?
Noncitizen U.S. nationality most commonly applies to people born in American Samoa or on Swains Island, subject to the governing statutes and the circumstances of their birth. These places are U.S. territories, but birth there does not generally confer U.S. citizenship in the same way that birth in most other U.S. jurisdictions does.
The nationality rule for people born in American Samoa and Swains Island is set out in 8 U.S.C. § 1408. The legal outcome can depend on facts such as a person’s parents’ status. A person born in one of these places may have a claim to citizenship through a U.S.-citizen parent or another applicable law; the place of birth alone does not resolve every case.
People born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands generally acquire U.S. citizenship at birth under federal law, subject to statutory conditions. These jurisdictions should not be confused with American Samoa when comparing birthright nationality. The governing provisions include 8 U.S.C. § 1402 for Puerto Rico, 8 U.S.C. § 1407 for the Virgin Islands, and 8 U.S.C. § 1403 for Guam. The Northern Mariana Islands’ status is addressed in its covenant with the United States and related federal law.
Noncitizen nationality is not the same as being a permanent resident, visa holder, or undocumented immigrant. Those immigration categories apply to people who are not U.S. nationals. A noncitizen national’s connection to the United States arises from nationality law, not from a temporary visa or a green card.
How Does Someone Become a U.S. National?
U.S. nationality can arise at birth under federal law. For citizens, common routes include birth in the United States or certain U.S. territories, and birth abroad to a U.S.-citizen parent when statutory requirements are met. The precise requirements have changed over time and can depend on the date of birth, parents’ citizenship, and other facts.
A person who is not a citizen may also qualify as a noncitizen national under specific provisions, including the rule for certain people born in American Samoa or Swains Island. Because the legal tests are fact-specific, official records and the statute in effect at the relevant time can matter.
Some noncitizen nationals may have a legal path to U.S. citizenship. The appropriate process depends on the person’s circumstances and applicable law; it should not be assumed that all noncitizen nationals follow the same procedure. The U.S. Citizenship and Immigration Services website and a qualified immigration attorney can help clarify current requirements.
What Rights and Responsibilities Do U.S. Nationals Have?
A noncitizen national is not a foreign national under U.S. nationality law. The person owes permanent allegiance to the United States and may be eligible for a U.S. passport. The Department of State explains that passports issued to noncitizen nationals identify the holder as a U.S. national who is not a U.S. citizen.
However, a U.S. passport does not make a noncitizen national a citizen. It documents nationality and identity for travel purposes. The passport’s notation distinguishes noncitizen nationality from citizenship, which is especially important when completing official forms or determining eligibility for a benefit.
Noncitizen nationals generally cannot vote in federal elections because they are not citizens. They may also be excluded from certain opportunities or programs that require citizenship. The rules depend on the particular election, job, benefit, or program. In addition, a person’s ability to pass U.S. citizenship or nationality to a child depends on separate statutory requirements.
U.S. nationals are subject to applicable U.S. laws and may receive assistance from U.S. consular officials abroad. The exact services available can depend on the location and circumstances. For a passport or consular matter, the Department of State’s guidance is the most direct source for current procedures.
How Can a Noncitizen National Document Status?
Documentation depends on how a person acquired nationality and what they need to prove. A U.S. passport may be available to a noncitizen national, with an annotation identifying the holder’s status. Other records, such as birth certificates and documents relating to a parent’s citizenship, may be relevant when establishing a claim.
For people who need formal evidence of nationality, the State Department describes the passport application process and required evidence. USCIS also provides information about certificates of citizenship or nationality in applicable situations. Applicants should check the current agency instructions, since required documents and procedures can vary by case.
- Check the underlying legal basis: Identify the person’s place and date of birth and, where relevant, the citizenship and residence history of their parents.
- Review official records: Birth certificates, parent records, and prior citizenship documents may help establish the claim.
- Use the correct application: Passport and citizenship or nationality documentation are separate processes with distinct requirements.
- Seek case-specific guidance: Complex parentage, adoption, or historical-law questions may require advice from an immigration lawyer.
Nationality Is Not the Same as Ethnicity or “Foreign National”
The word “national” has meanings outside immigration law. It can refer informally to a person’s connection to a country, or to someone’s membership in a cultural or ethnic group. In U.S. legal usage, “national of the United States” has the specific meaning stated in the INA.
“Foreign national” is often used to describe someone who is not a U.S. citizen, but it is not a precise substitute for every legal category. A noncitizen U.S. national is not a foreign national in the same sense as a citizen of another country who is temporarily visiting the United States. Forms and laws may define terms differently, so the relevant definition should be checked in context.
Similarly, nationality should not be confused with domicile or tax residency. A person may live outside the United States and still be a U.S. national; where a person is considered a tax resident depends on separate tax rules. One legal label does not automatically determine the others.
Common Misunderstandings About U.S. Nationality
“All U.S. nationals are citizens.”
Not under U.S. law. Every citizen is a national, but noncitizen nationals are a distinct, limited category.
“A U.S. passport proves citizenship.”
Not in every case. A noncitizen national may hold a U.S. passport, and the document identifies that status. The passport is not proof that the holder is a citizen.
“Anyone born in a U.S. territory automatically becomes a citizen.”
Territorial birthright rules are not identical across all U.S. territories. Birth in American Samoa or Swains Island generally results in noncitizen nationality rather than citizenship, unless another legal basis applies. Other territories have different statutory rules.
“National status is an immigration visa category.”
It is not. U.S. nationality is a legal relationship with the country. A visa is authorization to seek entry for a particular purpose, and lawful permanent residence is a separate immigration status.
Reliable Sources for U.S. Nationality Questions
The most useful starting points are the statutory text and the federal agencies that administer nationality and passport rules. The INA’s definitions and nationality provisions are available through the U.S. House Office of the Law Revision Counsel. The Department of State provides passport guidance, while USCIS provides information on citizenship and nationality documentation.
- 8 U.S.C. § 1101(a)(22): Definition of “national of the United States”
- 8 U.S.C. § 1408: Nationals but not citizens at birth
- U.S. Department of State: Passport application information
- U.S. Citizenship and Immigration Services: Citizenship information
In short, U.S. nationality includes citizenship but is not limited to it. A noncitizen national owes allegiance to the United States and may hold a U.S. passport, yet does not have citizenship’s full political status. The person’s birth location, family history, and the statutes that apply to the case determine which category fits.