American Samoa non-citizen US national (sec. 1408)

Example scenarios

• U.S. non-citizen national (NOT a citizen).

  A person born in American Samoa (an 'outlying possession' under 8 USC sec. 1101(a)(29)) acquires non-citizen U.S. NATIONALITY at birth under INA sec. 308 = 8 USC sec. 1408(1), not citizenship. Tuaua (D.C. Cir. 2015) and Fitisemanu, 1 F.4th 862 (10th Cir. 2021) (cert. denied 143 S. Ct. 362), confirm American Samoans are not 14th-Amendment birthright citizens. The person owes permanent allegiance and may hold a U.S. passport but cannot vote in federal elections.

• May naturalize under sec. 1436 after establishing State residence.

  A non-citizen U.S. national may naturalize under INA sec. 325 = 8 USC sec. 1436 once a resident of a U.S. State; American Samoa is excluded from the 'State' definition (8 USC sec. 1101(a)(36)), so residence in a State (California) is the predicate. The person files Form N-400 and must meet the ordinary naturalization conditions (good moral character, English/civics under sec. 312, oath under sec. 337). This is the principal bridge from sec. 1408 nationality to citizenship.

• Cannot vote federally as a non-citizen national; no in-territory path to citizenship.

  Non-citizen nationals cannot vote in federal elections — that right is reserved to citizens. Because American Samoa is not a 'State' (8 USC sec. 1101(a)(36)), the sec. 1436 naturalization route cannot be completed while residing in American Samoa; the person must establish residence in a State to naturalize. There is no automatic conversion to citizenship by length of residence in American Samoa (sec. 1408(1) status persists), and Fitisemanu (1 F.4th 862, cert. denied 143 S. Ct. 362) forecloses a 14th-Amendment citizenship claim.

• U.S. non-citizen national (Swains Island is part of American Samoa).

  Swains Island was made part of American Samoa by the Joint Resolution of 4 Mar 1925 (48 USC sec. 1662; 43 Stat. 1357) and is within the closed 'outlying possessions' definition (8 USC sec. 1101(a)(29)). A person born there acquires non-citizen U.S. nationality at birth under INA sec. 308 = 8 USC sec. 1408(1), identical to American Samoa proper.

• Claim foreclosed by current circuit law; sec. 1408 status stands.

  Fitisemanu v. United States, 1 F.4th 862 (10th Cir. 2021) (VC-02), reversed the district-court ruling and held the Citizenship Clause does not confer birthright citizenship in American Samoa; rehearing en banc was denied (20 F.4th 1325) and the Supreme Court denied certiorari 17 Oct 2022 (143 S. Ct. 362) (VC-03). The Supreme Court did NOT decide the merits — it denied cert — so the circuit holdings control and sec. 1408(1) non-citizen-national status remains intact. A declaratory action under 8 USC sec. 1503 would face this adverse circuit precedent.

• Status (if any) governed by sec. 1408(2)-(4) jus sanguinis, not sec. 1408(1).

  Section 1408(1) covers birth IN an outlying possession. A child born ABROAD to a non-citizen-national parent falls under the separate jus sanguinis provisions of INA sec. 308 = 8 USC sec. 1408(2)-(4), which condition transmission of non-citizen nationality on the parent's status and physical presence. The child does not acquire status under sec. 1408(1) (no birth in the possession) and is not a citizen; any acquired status would be non-citizen nationality, evaluated under the applicable subsection.