Understanding U.S. Nationality and Citizenship: Beyond U.S. Passport Holders

Often, the assumption is that anyone holding a U.S. passport is a U.S. citizen. However, this is not entirely true. The U.S. nationality law is more complex, encompassing various categories including U.S. citizens, U.S. non-citizen nationals, and even individuals who are green card holders. Understanding these distinctions is crucial for anyone seeking travel or permanent residency options.

No, Not All U.S. Passport Holders Are U.S. Citizens

The misconception that all U.S. passport holders are U.S. citizens can lead to confusion. While a majority of those holding a U.S. passport are indeed citizens, there are other categories of individuals who can obtain a U.S. passport, such as U.S. non-citizen nationals and certain foreign nationals who are lawfully admitted to the U.S. for permanent residence.

U.S. Citizens

U.S. citizens are individuals born in the U.S. or those who have gone through the naturalization process. These individuals can apply for a U.S. passport to facilitate travel abroad. They have full rights and privileges associated with U.S. citizenship, including the right to vote and hold government positions.

U.S. Non-Citizen Nationals

In some unique cases, individuals born in specific U.S. territories or outlying possessions are considered U.S. non-citizen nationals. For instance, people born in American Samoa and Swains Island do not hold U.S. citizenship but are considered nationals. These non-citizen nationals can also obtain a U.S. passport for travel purposes. They have more rights within the U.S. than foreign nationals, such as the ability to live and work but without the full citizenship benefits like voting.

Green Card Holders

Green card holders, or permanent residents, are not eligible for U.S. passports. They can, however, apply for other travel documents such as a Trusted Traveler Program card, which allows for expedited border crossing. These individuals are allowed to travel to and from the U.S. but do not have the same full citizenship rights as citizens or non-citizen nationals.

Understanding U.S. Nationals vs. U.S. Citizens

It is essential to understand the difference between U.S. nationals and U.S. citizens. While many U.S. nationals are also U.S. citizens, there are specific cases where a U.S. national is not a U.S. citizen. This applies to individuals born in U.S. territories like American Samoa and Swains Island, who are technically U.S. nationals. These individuals can travel with a U.S. passport but do not have the full rights of U.S. citizens.

Outlying Possessions of the United States

Places such as American Samoa and Swains Island are known as outlying possessions of the United States. They are neither one of the 50 U.S. states nor the District of Columbia. Being born in one of these outlying possessions makes one a U.S. national, but not a U.S. citizen, unless they gain U.S. citizenship through naturalization or birth in the U.S. or one of its states.

Commonwealth of the Northern Mariana Islands

Individuals from the Commonwealth of the Northern Mariana Islands are also considered U.S. nationals but not U.S. citizens unless they gain citizenship through naturalization or birth.

Scope and Consequences of U.S. Nationality

U.S. nationals who are not citizens can apply for a U.S. passport and are granted some of the rights of citizens, such as consular protection while traveling abroad. However, they do not qualify for all the benefits of U.S. citizenship, including the right to vote in U.S. elections or to apply for jobs that require U.S. citizenship. This distinction highlights the nuances of U.S. nationality and the importance of understanding the legal status of those holding a U.S. passport.

Understanding the intricacies of U.S. nationality, whether it be citizenship, non-citizen national status, or legal residency, is key for anyone planning to travel or live in the United States. Whether you are a U.S. citizen, a U.S. non-citizen national, or a green card holder, knowing your status can alleviate potential legal complications and ensure smooth travel and residency processes.