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(B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, 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.

PERSONS BORN IN PUERTO RICO ON OR AFTER APRIL 11, 1899

Sec. 302. [8 U.S.C. 1402] All persons born in Puerto Rico on or s-after April 11, 1899, and prior to January 13, 1941, subject to the

jurisdiction of the United States, residing on January 13, 1941, in 2. Puerto Rico or other territory over which the United States exer

cises rights of sovereignty and not citizens of the United States under any other Act, are hereby declared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens of the United States at birth.

PERSONS BORN IN THE CANAL ZONE OR REPUBLIC OF PANAMA ON OR

AFTER FEBRUARY 26, 1904 SEC. 303. [8 U.S.C. 1403] (a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this Act, 242 whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.

(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.

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PERSONS BORN IN ALASKA ON OR AFTER MARCH 30, 1867 SEC. 304. [8 U.S.C. 1404] A person born in Alaska on or after March 30, 1867, except a noncitizen Indian, is a citizen of the United States at birth. A noncitizen Indian born in Alaska on or after March 30, 1867, and prior to June 2, 1924, is declared to be a citizen of the United States as of June 2, 1924. An Indian born in Alaska on or after June 2, 1924, is a citizen of the United States at birth.

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PERSONS BORN IN HAWAII

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SEC. 305. [8 U.S.C. 1405] A person born in Hawaii on or after August 12, 1898, and before April 30, 1900, is declared to be a citizen of the United States as of April 30, 1900. A person born in Hawaii on or after April 30, 1900, is a citizen of the United States at birth. A person who was a citizen of the Republic of Hawaii on

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242 The effective date of this Act is December 24, 1952.

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August 12, 1898, is declared to be a citizen of the United States as of April 30, 1900.

PERSONS LIVING IN AND BORN IN THE VIRGIN ISLANDS

SEC. 306. [8 U.S.C. 1406] (a) The following persons and their children born subsequent to January 17, 1917, and prior to February 25, 1927, are declared to be citizens of the United States as of February 25, 1927:

(1) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and were residing in those islands or in the United States or Puerto Rico on February 25, 1927, and who did not make the declaration required to preserve their Danish citizenship by article 6 of the treaty entered into on August 4, 1916, between the United States and Denmark, or who, having made such a declaration have heretofore renounced or may hereafter renounce it by a declaration before a court of record;

(2) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and were residing in those islands or in the United States or Puerto Rico on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign country;

(3) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in the United States, and were residing in those islands on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign country; and

(4) All natives of the Virgin Islands of the United States who, on June 28, 1932, were residing in continental United States, the Virgin Islands of the United States, Puerto Rico, the Canal Zone, or any other insular possession or territory of the United States, and who, on June 28, 1932, were not citizens or subjects of any for eign country, regardless of their place of residence on January 17, 1917.

(b) All persons born in the Virgin Islands of the United States on or after January 17, 1917, and prior to February 25, 1927, and subject to the jurisdiction of the United States are declared to be citizens of the United States as of February 25, 1927; and all persons born in those islands on or after February 25, 1927, and subject to the jurisdiction of the United States, are declared to be citizens of the United States at birth.

PERSONS LIVING IN AND BORN IN GUAM SEC. 307. [8 U.S.C. 1407] (a) The following persons, and their children born after April 11, 1899, are declared to be citizens of the United States as of August 1, 1950, if they were residing on August 1, 1950, on the island of Guam or other territory over which the United States exercises rights of sovereignty:

(1) All inhabitants of the island of Guam on April 11, 1899, including those temporarily absent from the island on that date, who were Spanish subjects, who after that date continued to reside in Guam or other territory over which the United States exercises

sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality; and

(2) All persons born in the island of Guam who resided in Guam on April 11, 1899, including those temporarily absent from the island on that date, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality.

(b) All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are hereby declared to be citizens of the United States: Provided, That in the case of any person born before August 1, 1950, he has taken no affirmative steps to preserve or acquire foreign nationality.

(c) Any person hereinbefore described who is a citizen or national of a country other than the United States and desires to retain his present political status shall have made, prior to August 1, 1952, a declaration under oath of such desire, said declaration to be in form and executed in the manner prescribed by regulations. From and after the making of such a declaration any such person shall be held not to be a national of the United States by virtue of this Act.

NATIONALS BUT NOT CITIZENS OF THE UNITED STATES AT BIRTH

243

SEC. 308. [8 U.S.C. 1408] Unless otherwise provided in section 301 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) 244 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

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243 Section 506(b) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States, shown in Appendix V.A.1., made this section applicable to children born abroad to United States citizen or non-citizen national parents permanently residing in the Northern Mariana Islands.

244 Paragraph (4) was added by subsection (a) of § 15 of Pub. L. 99-396 (Aug. 27, 1986, 100 Stat. 842). Subsection (b) of that section reads as follows:

(b) The amendment made by subsection (a) shall apply to persons born before, on, or after the date of the enactment of this Act (viz., August 27, 1986). In the case of a person born before the date of the enactment of this Act

(1) the status of a national of the United States shall not be considered to be conferred upon the person until the date the person establishes to the satisfaction of the Secretary of State that the person meets the requirements of section 308(4) of the Immigration and Nationality Act, and

(2) the person shall not be eligible to vote in any general election in American Samoa earlier than January 1, 1987.

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. The proviso of section 301(g) shall apply to the national parent under this paragraph in the same manner as it applies to the citizen parent under that section.

CHILDREN BORN OUT OF WEDLOCK

Sec. 309. [8 U.S.C. 1409] (a) 245 The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if

(1) a blood relationship between the person and the father is established by clear and convincing evidence,

(2) the father had the nationality of the United States at the time of the person's birth,

(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and (4) while the the person is under the age of 18 years—

(A) the person is legitimated under the law of the person's residence or domicile,

(B) the father acknowledges paternity of the person in writing under oath, or

(C) the paternity of the person is established by adjudica

tion of a competent court. (b) Except as otherwise provided in section 405, the provisions of section 301(g) shall apply to a child born out of wedlock on or after

245 Subsection (a) was rewritten by § 13 of the Immigration and Nationality Act Amendments of 1986 (Pub. L. 99-653), as amended by $ 8(k) of the Immigration Technical Corrections Amendments of 1988 (Pub. L. 100-525, 102 Stat. 2617). Subsection (e) of § 23 of the Immigration and Nationality Act Amendments of 1986, as amended by $ 8(r) of the Immigration Technical Corrections Amendments of 1988 (Pub. L. 100-525, 102 Stat. 2619), provides as follows:

(e)(1) Except as provided in paragraph (2XB), the new section 309(a) (as defined in paragraph (4%A)) shall apply to persons who have not attained 18 years of age as of the date of the enactment of this Act (viz., November 14, 1986). (2) The old section 309(a) shall apply

(A) to any individual who has attained 18 years of age as of the date of the enactment of this Act (viz., November 14, 1986), and

(B) any individual with respect to whom paternity was established by legitimation before such date. (3) An individual who is at least 15 years of age, but under 18 years of age, as of the date of the enactment of this Act (viz., November 14, 1986), may elect to have the old section 309(a) apply to the individual instead of the new section 309(a). (4) In this subsection:

(A) The term "new section 309(a)" means section 309(a) of the Immigration and Nationality Act, as amended by section 13 of this Act (viz., the Immigration and Nationality Act Amendments of 1986) and as in effect after the date of the enactment of this Act.

(B) The term “old section 309(a)” means section 309(a) of the Immigration and Nationality Act, as in effect before the date of the enactment of this Act. (Note.—The text of "old section 309(a)” is as follows: "The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, of this title shall apply as of the date of birth to a child born out of wedlock on or after the effective date of this Act (viz., December 24, 1952), if the paternity of such child is established while such child is under the age of twenty-one years by legitimation."]

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January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.

(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

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CHAPTER 2-NATIONALITY THROUGH NATURALIZATION

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246 NATURALIZATION AUTHORITY Sec. 310. [8 U.S.C. 1421) (a) AUTHORITY IN ATTORNEY GENERAL.The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General. (b) 247 COURT AUTHORITY TO ADMINISTER OATHS.(1) JURISDICTION.–Subject to section 337(c)

(A) GENERAL JURISDICTION.-Except as provided in subparagraph (B), each applicant for naturalization may choose to have the oath of allegiance under section 337(a) administered by the Attorney General or by an eligible court described in paragraph (5). Each such eligible court shall have authority to administer such oath of allegiance to persons residing within the jurisdiction of the court.

(B) EXCLUSIVE AUTHORITY.-An eligible court described in paragraph (5) that wishes to have exclusive authority to administer the oath of allegiance under section 337(a) to persons residing within the jurisdiction of the court during the period described in paragraph (3)(A)(i) shall notify the Attorney General of such wish and, subject to this subsection, shall have such exclusive authority with respect to such persons during such period. (2) INFORMATION.

(A) GENERAL INFORMATION.-In the case of a court exercising authority under paragraph (1), in accordance with procedures established by the Attorney General

(i) the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and (ii) the Attorney General

(I) shall forward to the court (not later than 10 days after the date of approval of an application for naturalization in the case of a court which has

ection 310 was amended in its entirety by $ 401(a) of the Immigration Act of 1990 (P.L. , Nov. 29, 1990, 104 Stat. 5038), effective October 1, 1991, under $ 408(aX1) of that Act. O as in effect before that date, see Appendix II.A.2. bsection (b) was amended to read as shown by § 102(a) of the Miscellaneous and Technigration and Naturalization Amendments of 1991 (P.L. 102-232 Dec. 12, 1991, 105 Stat. ctive on January 11, 1992, under, $ 102(a) of that Act.

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