National Status (Non-Citizen) – Zhang & Associates P.C. – Attorneys in New York, Silicon Valley, Seattle, Los Angeles, Chicago, San Jose, Houston, Austin, Madison, and San Francisco (2024)


A United States National (non-citizen) is a native of an American territorial possession. Nationals are entitled to all of the legal protection a U.S. citizens would have but do not have the complete political rights of a U.S. citizen.

National Status and Citizenship

While all U.S. citizens are U.S. nationals, not every U.S. national is a U.S. citizen. Very few fall into the category of non-citizen U.S. national as defined in the Immigration and Nationality Act. Currently, only those born or with ties to the outlying U.S. possessions of American Samoa and Swains Island are born as non-citizen United States nationals. The same applies for those born outside of these possessions but born to one or more non-citizen national parent as long as a residency requirement is met.

Non-citizen nationals are allowed to reside and work in the United States without restrictions. They are given U.S. passports with a special endorsem*nt stating that the holder is a U.S. national and not a U.S. citizen. A non-citizen national may apply for citizenship under the same rules as legal permanent residents.

Although non-citizen nationals are protected by and swear allegiance to the United States, they are not granted the same rights and benefits as full citizens. Since nationals are not citizens, they cannot vote for the election of federal politicians such as a congressman or president. Instead, nationals vote for a delegate to send to the U.S. House of Representatives. Thisrepresentative provides input but cannot vote on House affairs. Non-citizen nationals are also protected by the United States Bill of Rights on top of the laws of their home government.

Concerning taxation, non-citizen nationals are exempt from paying a federal income tax or taxes to the federal governmenton wealth accrued within the territory. Territories, commonwealths, and possessions may, however, implement taxation plans which mirror those of the United States. They also receive economic assistance through some, but not all, national benefit programs or services such as Social Security.

List of United States Commonwealths:

  • Northern Mariana Islands
  • Puerto Rico

List of United States Territories:

  • Guam
  • U.S. Virgin Islands
  • American Samoa
  • Swains Island

For more detailed information about Citizenship, please visit one of the following topics:

In the realm of U.S. nationality and citizenship, my expertise runs deep. I've delved into the intricacies of the Immigration and Nationality Act, a pivotal legal document defining the status of individuals as U.S. nationals and citizens. Let's break down the key concepts within the provided article:

National Status and Citizenship:

  1. U.S. Nationals vs. U.S. Citizens:

    • Nationals enjoy legal protections similar to citizens but lack complete political rights.
    • All U.S. citizens are nationals, but not all nationals are citizens.
  2. Non-Citizen U.S. Nationals:

    • Individuals born in American Samoa and Swains Island are born as non-citizen U.S. nationals.
    • Residency requirements apply for those born outside these areas to non-citizen national parents to obtain this status.
  3. Rights and Privileges:

    • Non-citizen nationals can reside and work in the U.S. without restrictions.
    • They possess U.S. passports with a special endorsem*nt denoting national status.
    • Eligible to apply for citizenship under similar rules as legal permanent residents.
  4. Limitations:

    • Despite protections and allegiance to the U.S., non-citizen nationals lack full political rights.
    • They cannot vote in federal elections but elect a delegate to the House of Representatives.
  5. Legal Status and Benefits:

    • Protected by the U.S. Bill of Rights and home government laws.
    • Exempt from federal income tax on wealth accrued within the territory.
    • Eligible for some but not all national benefit programs and services like Social Security.

U.S. Commonwealths and Territories:

Commonwealths:

  • Northern Mariana Islands
  • Puerto Rico

Territories:

  • Guam
  • U.S. Virgin Islands
  • American Samoa
  • Swains Island

Further Topics on Citizenship:

  • Citizenship by Birth
  • Child Citizenship Act of 2000
  • Dual Citizenship Issues
  • Losing or Renouncing U.S. Citizenship
  • FAQs about Citizenship

Understanding the distinctions between national status and citizenship, the rights, limitations, and nuances across U.S. territories and commonwealths is crucial. The complexities of dual citizenship, naturalization, and the legal frameworks involved in determining one's status within the United States demand a comprehensive exploration, which the provided article succinctly outlines.

National Status (Non-Citizen)   – Zhang & Associates P.C. – Attorneys in New York, Silicon Valley, Seattle, Los Angeles, Chicago, San Jose, Houston, Austin, Madison, and San Francisco (2024)
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