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8 U.S.C. § 1401 : US Code - Section 1401: Nationals and citizens of United States at birth

Search 8 U.S.C. § 1401 : US Code - Section 1401: Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United
States at birth:
(a) a person born in the United States, and subject to the
jurisdiction thereof;
(b) a person born in the United States to a member of an
Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided,
That the granting of citizenship under this subsection shall not
in any manner impair or otherwise affect the right of such person
to tribal or other property;
(c) a person born outside of the United States and its outlying
possessions of parents both of whom are citizens of the United
States and one of whom has had a residence in the United States
or one of its outlying possessions, prior to the birth of such
person;
(d) a person born outside of the United States and its outlying
possessions of parents one of whom is a citizen of the United
States who has been physically present in the United States or
one of its outlying possessions for a continuous period of one
year prior to the birth of such person, and the other of whom is
a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United
States of parents one of whom is a citizen of the United States
who has been physically present in the United States or one of
its outlying possessions for a continuous period of one year at
any time prior to the birth of such person;
(f) a person of unknown parentage found in 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
the United States;
(g) a person born outside the geographical limits of the United
States and its outlying possessions of parents one of whom is an
alien, and the other 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 five years, at least two of which were
after attaining the age of fourteen years: Provided, That any
periods of honorable service in the Armed Forces of the United
States, or periods of employment with the United States
Government or with an international organization as that term is
defined in section 288 of title 22 by such citizen parent, or any
periods during which such citizen parent is physically present
abroad as the dependent unmarried son or daughter and a member of
the household of a person (A) honorably serving with the Armed
Forces of the United States, or (B) employed by the United States
Government or an international organization as defined in section
288 of title 22, may be included in order to satisfy the physical-
presence requirement of this paragraph. This proviso shall be
applicable to persons born on or after December 24, 1952, to the
same extent as if it had become effective in its present form on
that date; and
(h) a person born before noon (Eastern Standard Time) May 24,
1934, outside the limits and jurisdiction of the United States of
an alien father and a mother who is a citizen of the United
States who, prior to the birth of such person, had resided in the
United States.
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