Notes on 8 U.S.C. § 1401 : US Code - Notes

    (June 27, 1952, ch. 477, title III, ch. 1, Sec. 301, 66 Stat. 235;
    Pub. L. 89-770, Nov. 6, 1966, 80 Stat. 1322; Pub. L. 92-584, Secs.
    1, 3, Oct. 27, 1972, 86 Stat. 1289; Pub. L. 95-432, Secs. 1, 3,
    Oct. 10, 1978, 92 Stat. 1046; Pub. L. 99-653, Sec. 12, Nov. 14,
    1986, 100 Stat. 3657; Pub. L. 103-416, title I, Sec. 101(a), Oct.
    25, 1994, 108 Stat. 4306.)



                                AMENDMENTS                            
      1994 - Subsec. (h). Pub. L. 103-416 added subsec. (h).
      1986 - Subsec. (g). Pub. L. 99-653 substituted "five years, at
    least two" for "ten years, at least five".
      1978 - Subsec. (a). Pub. L. 95-432, Sec. 3, struck out "(a)"
    before "The following" and redesignated pars. (1) to (7) as (a) to
    (g), respectively.
      Subsec. (b). Pub. L. 95-432, Sec. 1, struck out subsec. (b) which
    provided that any person who was a national or citizen of the
    United States under subsec. (a)(7) lose his nationality or
    citizenship unless he be continuously physically present in the
    United States for a period of not less than two years between the
    ages of 14 and 28 or that the alien parent be naturalized while the
    child was under 18 years of age and the child began permanent
    residence in the United States while under 18 years of age and that
    absence from the United States of less than 60 days not break the
    continuity of presence.
      Subsec. (c). Pub. L. 95-432, Sec. 1, struck out subsec. (c) which
    provided that former subsec. (b) apply to persons born abroad
    subsequent to May 24, 1934, except that this not be construed to
    alter the citizenship of any person born abroad subsequent to May
    24, 1934 who, prior to the effective date of this chapter, had
    taken up residence in the United States before attaining 16 years
    of age, and thereafter, whether before or after the effective date
    of this chapter, complied with the residence requirements of
    section 201(g) and (h) of the Nationality Act of 1940.
      Subsec. (d). Pub. L. 95-432, Sec. 1, struck out subsec. (d) which
    provided that nothing in former subsec. (b) be construed to alter
    the citizenship of any person who came into the United States prior
    to Oct. 27, 1972, and who, whether before or after Oct. 27, 1972,
    immediately following such coming complied with the physical
    presence requirements for retention of citizenship specified in
    former subsec. (b), prior to amendment of former subsec. (b) by
    Pub. L. 92-584.
      1972 - Subsec. (b). Pub. L. 92-584, Sec. 1, substituted
    provisions that nationals and citizens of the United States under
    subsec. (a)(7), lose such status unless they are present
    continuously in the United States for two years between the ages of
    fourteen and twenty eight years, or the alien parent is naturalized
    while the child is under the age of eighteen years and the child
    begins to reside permanently in the United States while under the
    age of eighteen years, and that absence from the United States of
    less than sixty days will not break the continuity of presence, for
    provisions that such status would be lost unless the nationals and
    citizens come to the United States prior to attaining twenty three
    years and be present continuously in the United States for five
    years, and that such presence should be between the age of fourteen
    and twenty eight years.
      Subsec. (d). Pub. L. 92-584, Sec. 3, added subsec. (d).
      1966 - Subsec. (a)(7). Pub. L. 89-770 authorized periods of
    employment with the United States Government or with an
    international organization by the citizen parent, or any periods
    during which the 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, to be included in order to satisfy
    the physical presence requirement, and permitted the proviso to be
    applicable to persons born on or after December 24, 1952.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 23(d) of Pub. L. 99-653, as added by Pub. L. 100-525,
    Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: "The
    amendment made by section 12 [amending this section] shall apply to
    persons born on or after November 14, 1986."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 1 of Pub. L. 95-432 provided that the amendment made by
    that section is effective Oct. 10, 1978.

                              EFFECTIVE DATE                          
      Chapter effective 180 days after June 27, 1952, see section 407
    of act June 27, 1952, set out as a note under section 1101 of this
    title.

                     WAIVER OF RETENTION REQUIREMENTS                 
      Section 101(b) of Pub. L. 103-416 provided that: "Any provision
    of law (including section 301(b) of the Immigration and Nationality
    Act [8 U.S.C. 1401(b)] (as in effect before October 10, 1978), and
    the provisos of section 201(g) of the Nationality Act of 1940
    [former 8 U.S.C. 601(g)]) that provided for a person's loss of
    citizenship or nationality if the person failed to come to, or
    reside or be physically present in, the United States shall not
    apply in the case of a person claiming United States citizenship
    based on such person's descent from an individual described in
    section 301(h) of the Immigration and Nationality Act (as added by
    subsection (a))."

                 RETROACTIVE APPLICATION OF 1994 AMENDMENT             
      Section 101(c) of Pub. L. 103-416 provided that:
      "(1) Except as provided in paragraph (2), the immigration and
    nationality laws of the United States shall be applied (to persons
    born before, on, or after the date of the enactment of this Act
    [Oct. 25, 1994]) as though the amendment made by subsection (a)
    [amending this section], and subsection (b) [enacting provisions
    set out above], had been in effect as of the date of their birth,
    except that the retroactive application of the amendment and that
    subsection shall not affect the validity of citizenship of anyone
    who has obtained citizenship under section 1993 of the Revised
    Statutes [former 8 U.S.C. 6] (as in effect before the enactment of
    the Act of May 24, 1934 (48 Stat. 797)).
      "(2) The retroactive application of the amendment made by
    subsection (a), and subsection (b), shall not confer citizenship
    on, or affect the validity of any denaturalization, deportation, or
    exclusion action against, any person who is or was excludable from
    the United States under section 212(a)(3)(E) of the Immigration and
    Nationality Act (8 U.S.C. 1182(a)(3)(E)) (or predecessor provision)
    or who was excluded from, or who would not have been eligible for
    admission to, the United States under the Displaced Persons Act of
    1948 [former 50 U.S.C. App. 1951 et seq.] or under section 14 of
    the Refugee Relief Act of 1953 [former 50 U.S.C. App. 1971l]."

                APPLICABILITY OF TRANSMISSION REQUIREMENTS            
      Section 101(d) of Pub. L. 103-416, as amended by Pub. L. 104-208,
    div. C, title VI, Sec. 671(b)(1), Sept. 30, 1996, 110 Stat. 3009-
    721, provided that: "This section [amending this section and
    enacting provisions set out above], the amendments made by this
    section, and any retroactive application of such amendments shall
    not effect the application of any provision of law relating to
    residence or physical presence in the United States for purposes of
    transmitting United States citizenship to any person whose claim is
    based on the amendment made by subsection (a) [amending this
    section] or through whom such a claim is derived."

                       ADMISSION OF ALASKA AS STATE                   
      Alaska Statehood provisions as not conferring, terminating, or
    restoring United States nationality, see section 21 of Pub. L. 85-
    508, July 7, 1958, 72 Stat. 339, set out as a note preceding
    former section 21 of Title 48, Territories and Insular Possessions.