Statutory territorial jus soli (PR/Guam/USVI/CNMI)
Citizenship in United States
- Eligibility
- Persons born in Puerto Rico (sec. 1402, citizens at birth on/after 13 Jan 1941), Guam (sec. 1407, collective grant eff. 1 Aug 1950), the U.S. Virgin Islands (sec. 1406, statutory pivot 25 Feb 1927), and the CNMI (Covenant sec. 301, eff. 4 Nov 1986) are U.S. citizens at birth by STATUTE (not the 14th Amendment), framed by the Insular Cases. Canal Zone births 26 Feb 1904-1 Oct 1979 form a closed sec. 1403 historical cohort.
- Timeline
- T1
- Renunciation
- Not required
Legal basis
Four statutory pillars govern, each dual-cited. Puerto Rico: INA sec. 302 = 8 USC sec. 1402, the successor to the Jones-Shafroth Act of 1917 (Pub. L. 64-368, sec. 5, 39 Stat. 951, 953, 2 Mar 1917), which collectively granted citizenship to citizens of Puerto Rico; sec. 1402 makes PR-born persons citizens at birth on/after 13 Jan 1941. Guam: INA sec. 307 = 8 USC sec. 1407, originating in the Organic Act of Guam 1950 (Pub. L. 81-630, sec. 4, 64 Stat. 384), a collective grant effective 1 Aug 1950 reaching Guam-born persons from 11 Apr 1899. U.S. Virgin Islands: INA sec. 306 = 8 USC sec. 1406, whose citizenship pivot traces to the Act of 25 Feb 1927 (44 Stat. 1234-1235), NOT the Revised Organic Act of 1954 (68 Stat. 497), which was a governance revision (VC-06). CNMI: Covenant to Establish the CNMI sec. 301 (Pub. L. 94-241, 90 Stat. 263; codified at 48 USC sec. 1801 note), made effective 12:01 a.m. local 4 Nov 1986 by Presidential Proclamation 5564 (51 Fed. Reg. 40399).
Example scenarios
U.S. citizen at birth.
A person born in Puerto Rico on/after 13 Jan 1941 is a U.S. citizen at birth by statute under INA sec. 302 = 8 USC sec. 1402 (successor to the Jones-Shafroth Act 1917). This is statutory, not constitutional, jus soli, but confers full citizenship. Moving to a state changes nothing; the citizenship vested at birth.
U.S. citizen (post-1927 pivot).
The USVI citizenship pivot is the Act of 25 Feb 1927 (44 Stat. 1234-1235), now carried as INA sec. 306 = 8 USC sec. 1406 — NOT the 1954 Revised Organic Act (VC-06). A person born in the USVI on/after 25 Feb 1927 is a U.S. citizen; a 1930 birth post-dates the pivot and qualifies.
U.S. citizen at birth.
Guam citizenship was collectively granted effective 1 Aug 1950 by the Organic Act of Guam 1950 (Pub. L. 81-630), carried as INA sec. 307 = 8 USC sec. 1407; the grant reaches Guam-born persons from 11 Apr 1899. A 1960 Guam birth is well past the 1950 effective date and confers full U.S. citizenship at birth.
U.S. citizen at birth.
CNMI citizenship took effect 12:01 a.m. local 4 Nov 1986 under Covenant sec. 301 (Pub. L. 94-241, effective per Presidential Proclamation 5564). A person born on/after that date is a U.S. citizen at birth. The one-time sec. 302 opt-down to non-citizen-national status applied only to a closed window and is not relevant to a 1990 birth with no election.
U.S. citizen at birth (closed sec. 1403 cohort).
INA sec. 303 = 8 USC sec. 1403 confers U.S. citizenship at birth on persons born in the Panama Canal Zone (to a U.S.-citizen parent) between 26 Feb 1904 and 1 Oct 1979. A 1965 birth falls within that closed cohort. No new sec. 1403 claims arise after 1 Oct 1979 (U.S. administration ended under the Panama Canal Treaties of 1977; the Zone was abolished 31 Dec 1999).
NOT a U.S. citizen at birth (non-citizen U.S. national instead).
American Samoa is an 'outlying possession' (8 USC sec. 1101(a)(29)), not a territory within sec. 1402/1406/1407 or the CNMI Covenant. A person born there acquires non-citizen U.S. NATIONALITY under INA sec. 308 = 8 USC sec. 1408(1), not citizenship — see US-BTH-03. The territorial-jus-soli grants of US-BTH-02 do not reach American Samoa; the bridge to citizenship is naturalization under sec. 325 = 8 USC sec. 1436 after residence in a State.
Informational summary compiled from primary legal sources — not legal advice. Citizenship law changes; verify with the competent authority before acting. Last verified 2026-04-24.
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