§ 1408. Nationals but not citizens of the United States at birth

Unless otherwise provided in section 1401 of this title , the following shall be nationals, but not citizens, of the United States at birth:

• (1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession;
• (2) A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have 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 shown, prior to his attaining the age of twenty-one years, not to have been 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 national, but not a citizen, of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than seven years in any continuous period of ten 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 years of which were after attaining the age of fourteen years.