国际司法

Difference between Citizenship vs. Nationality

The word nationality refers to where you are born. A country’s government grants citizenship when specific legal requirements are met.

Citizenship can be seen as a political status because it indicates which country recognizes you as a citizen. Nationality has more to do with the relationship between you and your place of birth and can often be seen as ethnic or racially related. Citizenship can fluctuate since you can be a citizen of multiple places simultaneously and can also renounce your citizenship to a country. On the other hand, you cannot change nationality because it’s innate.

In the United States, people born in the country are citizens. The 14th Amendment, ratified on July 9, 1868, states, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” 

U.S. National vs. U.S. Citizen

When it comes to the United States, U.S. citizens are U.S. nationals. Still, not all U.S. nationals are U.S. citizens since U.S. law states a national as “a person owing permanent allegiance to a state” and having “an outlying possession to the United States.”

The best example is U.S. nationals from American Samoa and the Swains Island (part of American Samoa) and individuals born outside of the United States to two U.S. national parents. Likewise, a person born outside of the U.S. to one U.S. national parent and one alien parent. A U.S. national has an “irrevocable right to reside in the territory of the United States without limitation.” A U.S. national can become a citizen via naturalization. It’s important to note that U.S. nationals can’t vote in a United States election or hold office.

Are you considered a non-citizen U.S. national? You are if you are born in one of the following:

• Puerto Rico between 1898 and 1917.
• Guam between 1898 and 1950
• U.S. Virgin Islands between 1917 and 1927
• The Philippines between 1898 and 1946

Suppose you were born after the date listed above. In that case, you are now automatically considered a full U.S. citizen, with the exception of the Philippines since it is an independent country and never afforded U.S. citizenship.

Is a Green Card Holder a U.S. National?

A green card holder is not the same as a U.S. national. A green card holder is a foreign national given the ability to work and live in the United States. Another term for green card holder is a lawful permanent resident (LPR). Congress sets annual limits for each visa category for immigrant visa categories apart from immediate family members and fiances of citizens.