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=== Website Offers ===


== The Immigration and Nationality Act (INA) ==
People like Kelby Thomas Smith have websites like <Ref>https://www.hisadvocates.org/</Ref> or "state citizen"<Ref>Statecitizenship.org</Ref>. These websites suggest that the definition of a National is better than being a US citizen.
A national who not a citizen still owes ''permanent allegiance''.
Laws change<Ref>"Sections 71 to 78 transferred to sections 1501 to 1508, respectively, of Title 48, Territories and Insular Possessions." https://www.law.cornell.edu/uscode/text/8/71
<Br>79 to 60 Omitted.
<Br>Sections 83 to 86 Aliens owning land  transferred to sections 1509 to 1512, respectively, of Title 48,
<Br>Chapt 4 § 61 to 65 Freedman - Omitted</Ref> but permanent allegiance does not. The conferring of nationality but not citizenship also requires [[oaths]] of that allegiance.<Ref>Title 8 U.S. Code § 1452 - Certificates of citizenship or U.S. non-citizen national status; procedure [1452b section 341 b 308 confers nationality but not citizenship.
101 a21, a22, 29]
: (b) Application to Secretary of State for certificate of non-citizen national status; proof; oath of allegiance taking and subscribing, before an immigration officer within the United States or its outlying possessions, to the oath of allegiance required by this chapter of a petitioner for naturalization, the individual shall be furnished by the Secretary of State with a certificate of non-citizen national status, but only if the individual is at the time within the United States or its outlying possessions.</Ref>




=== The Immigration and Nationality Act (INA) ===


The Immigration and Nationality Act (INA) was enacted in 1952.
The Immigration and Nationality Act (INA) was enacted in 1952.


The Immigration and Nationality Act of 1965, also known as the Hart–Celler Act, is a federal law passed by the 89th United States Congress and signed into law by President Lyndon Baines. Johnson.
The Immigration and Nationality Act of 1965, also known as the Hart–Celler Act, is a federal law passed by the 89th United States Congress and signed into law by President Lyndon Baines. Johnson.


According to Title 8 USC 1101: Definitions Text contains those laws in effect on January 27, 2021.<Ref>https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101#=0&edition=prelim</Ref>
According to Title 8 USC §1101: Definitions Text contains those laws in effect on January 27, 2021.<Ref>https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101#=0&edition=prelim</Ref>


<blockquote>   
<blockquote>   
Line 18: Line 26:
:(2) The term "advocates" includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
:(2) The term "advocates" includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
:(3) The term "alien" means any person not a citizen or national of the United States.
:(3) The term "alien" means any person not a citizen or national of the United States.
 
: ...
...
 
: 12) The term "doctrine" includes, but is not limited to, policies, practices, purposes, aims, or procedures.
: 12) The term "doctrine" includes, but is not limited to, policies, practices, purposes, aims, or procedures.
: 14) The term "foreign state" includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate or trusteeship shall be regarded as separate foreign states.
: 14) The term "foreign state" includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate or trusteeship shall be regarded as separate foreign states.
Line 26: Line 32:
:: (A)(i) an ambassador, public minister, ....
:: (A)(i) an ambassador, public minister, ....
: (22) The term "national of the United States" means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
: (22) The term "national of the United States" means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
: 29) The term "outlying possessions of the United States" means American Samoa and Swains Island.
: 30) The term "passport" means any travel document issued by competent authority showing the bearer's origin, identity, and nationality if any, which is valid for the admission of the bearer into a foreign country.
: 30) The term "passport" means any travel document issued by competent authority showing the bearer's origin, identity, and nationality if any, which is valid for the admission of the bearer into a foreign country.
: 31) The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.
: 31) The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.
Line 32: Line 37:
</blockquote>
</blockquote>


== Dual Nationality ==
=== Certificates of Non Citizen Nationality ===
 
 
https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html
 
 
Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth. Or, an individual having one nationality at birth may naturalize at a later date in another country and become a dual national.
 
 
----
 
== Certificates of Non Citizen Nationality ==


"The Department of State occasionally receives requests for '''certificates of non-citizen national''' status pursuant to Section 341(b)of the Immigration and Nationality Act (INA), 8 USC 1452(b)."


https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Certificates-Non-Citizen-Nationality.html
"As the title of the certificate indicates, only a person who is a non-citizen U.S. national (i.e., a U.S. national but not a U.S. citizen) may apply for such a certificate."


The Department of State occasionally receives requests for certificates of non-citizen national status pursuant to Section 341(b)of the Immigration and Nationality Act (INA), 8 USC 1452(b).
"As defined by the INA, '''all U.S. citizens are U.S. nationals''' but only a relatively small number of persons '''acquire U.S. nationality without becoming U.S. citizens'''. Section 101(a)(21) of the INA defines '''the term “national” as “a person owing permanent allegiance to a state.”''' Section 101(a)(22) of the INA provides that the term “national of the United States” includes all U.S. citizens as well as persons who, though not citizens of the United States, '''owe permanent allegiance to the United States''' (non-citizen nationals)."<Ref>https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Certificates-Non-Citizen-Nationality.html</Ref>


As the title of the certificate indicates, only a person who is a non-citizen U.S. national (i.e., a U.S. national but not a U.S. citizen) may apply for such a certificate.
"'''Section 308 INA confers U.S. nationality but not U.S. citizenship''', on persons born in "an outlying possession of the United States" or born of a parent or parents who are non-citizen nationals who meet certain physical presence or residence requirements. The term “outlying possessions of the United States” is defined in Section 101(a)(29)<Ref>Title 8 USC §1101, (29) The term "outlying possessions of the United States" means American Samoa and Swains Island.</Ref> of the INA as American Samoa and Swains Island. '''No other statutes define any other territories or any of the states as outlying possessions.'''"


As defined by the INA, all U.S. citizens are U.S. nationals but only a relatively small number of persons acquire U.S. nationality without becoming U.S. citizens. Section 101(a)(21) of the INA defines the term “national” as “a person owing permanent allegiance to a state.” Section 101(a)(22) of the INA provides that the term “national of the United States” includes all U.S. citizens as well as persons who, though not citizens of the United States, owe permanent allegiance to the United States (non-citizen nationals).
"In addition to Section 308 of the INA, Section 302 of Public Law 94 - 241 provides for certain inhabitants of the Commonwealth of the Northern Mariana Islands, who became United States citizens by virtue of Article III of the Covenant, to opt for non-citizen national status. (See requirements of Section 302)."
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Travel.State.Gov
"As the Department has received few requests, there is no justification for the creation of a non-citizen national certificate. Designing a separate document that includes anti-fraud mechanisms was seen as an inefficient expenditure of resources. Therefore, the Department determined that those who would be eligible to apply for such a certificate may instead apply for a United States passport that would delineate and certify their status as a national but not a citizen of the United States."


U.S. DEPARTMENT of STATE — BUREAU of CONSULAR AFFAIRS
"If a person believes he or she is eligible under the law as a non-citizen national of the United States and the person complies with the provisions of section 341(b) of the INA, 8 USC 1452(b),he/she may apply for a passport at any Passport Agency in the United States.. When applying, applicants must execute a Form DS-11 and show documentary proof of their non-citizen national status as well as their identity."<Ref>https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Certificates-Non-Citizen-Nationality.html</Ref>
 
Travel.State.Gov > Legal Resources > Legal Resources > U.S. Citizenship Laws and Policy > Certificates of Non Citizen Nationality
 
Certificates of Non Citizen Nationality
 
The Department of State occasionally receives requests for certificates of non-citizen national status pursuant to Section 341(b)of the Immigration and Nationality Act (INA), 8 USC 1452(b).
 
As the title of the certificate indicates, only a person who is a non-citizen U.S. national (i.e., a U.S. national but not a U.S. citizen) may apply for such a certificate.
 
As defined by the INA, all U.S. citizens are U.S. nationals but only a relatively small number of persons acquire U.S. nationality without becoming U.S. citizens. Section 101(a)(21) of the INA defines the term “national” as “a person owing permanent allegiance to a state.” Section 101(a)(22) of the INA provides that the term “national of the United States” includes all U.S. citizens as well as persons who, though not citizens of the United States, owe permanent allegiance to the United States (non-citizen nationals).
 
Section 308 INA confers U.S. nationality but not U.S. citizenship, on persons born in "an outlying possession of the United States" or born of a parent or parents who are non-citizen nationals who meet certain physical presence or residence requirements. The term “outlying possessions of the United States” is defined in Section 101(a)(29) of the INA as American Samoa and Swains Island. No other statutes define any other territories or any of the states as outlying possessions.
 
In addition to Section 308 of the INA, Section 302 of Public Law 94 - 241 provides for certain inhabitants of the Commonwealth of the Northern Mariana Islands, who became United States citizens by virtue of Article III of the Covenant, to opt for non-citizen national status. (See requirements of Section 302).
 
As the Department has received few requests, there is no justification for the creation of a non-citizen national certificate. Designing a separate document that includes anti-fraud mechanisms was seen as an inefficient expenditure of resources. Therefore, the Department determined that those who would be eligible to apply for such a certificate may instead apply for a United States passport that would delineate and certify their status as a national but not a citizen of the United States.
 
If a person believes he or she is eligible under the law as a non-citizen national of the United States and the person complies with the provisions of section 341(b) of the INA, 8 USC 1452(b),he/she may apply for a passport at any Passport Agency in the United States.. When applying, applicants must execute a Form DS-11 and show documentary proof of their non-citizen national status as well as their identity.
 
https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Certificates-Non-Citizen-Nationality.html


=== Dual Nationality ===


"Section 101(a)(22) of the Immigration and Nationality Act (INA) states that '''“the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.”''' Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth. Or, an individual having one nationality at birth may naturalize at a later date in another country and become a dual national."<Ref>https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html</Ref>




Line 85: Line 61:




== Kelby Thomas Smith ==




https://www.hisadvocates.org/




"state citizen"
Statecitizenship.org
after reading their definition of a National don’t see how it’s better.
A national who not a citizen still owes permanent allegiance.


https://www.law.cornell.edu/uscode/text/8/71
Sections 71 to 78 transferred to sections 1501 to 1508, respectively, of Title 48, Territories and Insular Possessions.
79 to 60 ommitted.
Sections 83 to 86 Aliens owning land  transferred to sections 1509 to 1512, respectively, of Title 48,
Chapt 4 § 61 to 65 Freedman - Omitted
  https://www.law.cornell.edu/uscode/text/8/chapter-6/subchapter-I
8 U.S. Code CHAPTER 6— IMMIGRATION 8 U.S. Code SUBCHAPTER I— IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS, AND STATIONS
8 U.S. Code CHAPTER 6— IMMIGRATION 8 U.S. Code SUBCHAPTER I— IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS, AND STATIONS
100 trasferted to 1551 created and established in the Department of Justice an Immigration and Naturalization Service.
100 transferred to 1551 created and established in the Department of Justice an Immigration and Naturalization Service.
101 transferred to 1552
101 transferred to 1552
The office of the Commissioner of Immigration and Naturalization is created and established, and the President, by and with the advice and consent of the Senate, is authorized and directed to appoint such officer.
The office of the Commissioner of Immigration and Naturalization is created and established, and the President, by and with the advice and consent of the Senate, is authorized and directed to appoint such officer.<Ref>https://www.law.cornell.edu/uscode/text/8/chapter-6/subchapter-I</Ref>
 
Title 8. 1452b section 341 b 308 confers nationality but not citizenship.
101 a21, a22, 29
8 U.S. Code § 1452 - Certificates of citizenship or U.S. non-citizen national status; procedure
 
(b) Application to Secretary of State for certificate of non-citizen national status; proof; oath of allegiance
 
taking and subscribing, before an immigration officer within the United States or its outlying possessions, to the oath of allegiance required by this chapter of a petitioner for naturalization,
 
the individual shall be furnished by the Secretary of State with a certificate of non-citizen national status, but only if the individual is at the time within the United States or its outlying possessions.






----
----

Latest revision as of 07:08, 29 January 2021

Website Offers

People like Kelby Thomas Smith have websites like [1] or "state citizen"[2]. These websites suggest that the definition of a National is better than being a US citizen. A national who not a citizen still owes permanent allegiance. Laws change[3] but permanent allegiance does not. The conferring of nationality but not citizenship also requires oaths of that allegiance.[4]


The Immigration and Nationality Act (INA)

The Immigration and Nationality Act (INA) was enacted in 1952.

The Immigration and Nationality Act of 1965, also known as the Hart–Celler Act, is a federal law passed by the 89th United States Congress and signed into law by President Lyndon Baines. Johnson.

According to Title 8 USC §1101: Definitions Text contains those laws in effect on January 27, 2021.[5]

§1101. Definitions

(a) As used in this chapter-

(1) The term "administrator" means the official designated by the Secretary of State pursuant to section 1104(b) of this title.
(2) The term "advocates" includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term "alien" means any person not a citizen or national of the United States.
...
12) The term "doctrine" includes, but is not limited to, policies, practices, purposes, aims, or procedures.
14) The term "foreign state" includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate or trusteeship shall be regarded as separate foreign states.
15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens-
(A)(i) an ambassador, public minister, ....
(22) The term "national of the United States" means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
30) The term "passport" means any travel document issued by competent authority showing the bearer's origin, identity, and nationality if any, which is valid for the admission of the bearer into a foreign country.
31) The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.
36) The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

Certificates of Non Citizen Nationality

"The Department of State occasionally receives requests for certificates of non-citizen national status pursuant to Section 341(b)of the Immigration and Nationality Act (INA), 8 USC 1452(b)."

"As the title of the certificate indicates, only a person who is a non-citizen U.S. national (i.e., a U.S. national but not a U.S. citizen) may apply for such a certificate."

"As defined by the INA, all U.S. citizens are U.S. nationals but only a relatively small number of persons acquire U.S. nationality without becoming U.S. citizens. Section 101(a)(21) of the INA defines the term “national” as “a person owing permanent allegiance to a state.” Section 101(a)(22) of the INA provides that the term “national of the United States” includes all U.S. citizens as well as persons who, though not citizens of the United States, owe permanent allegiance to the United States (non-citizen nationals)."[6]

"Section 308 INA confers U.S. nationality but not U.S. citizenship, on persons born in "an outlying possession of the United States" or born of a parent or parents who are non-citizen nationals who meet certain physical presence or residence requirements. The term “outlying possessions of the United States” is defined in Section 101(a)(29)[7] of the INA as American Samoa and Swains Island. No other statutes define any other territories or any of the states as outlying possessions."

"In addition to Section 308 of the INA, Section 302 of Public Law 94 - 241 provides for certain inhabitants of the Commonwealth of the Northern Mariana Islands, who became United States citizens by virtue of Article III of the Covenant, to opt for non-citizen national status. (See requirements of Section 302)."

"As the Department has received few requests, there is no justification for the creation of a non-citizen national certificate. Designing a separate document that includes anti-fraud mechanisms was seen as an inefficient expenditure of resources. Therefore, the Department determined that those who would be eligible to apply for such a certificate may instead apply for a United States passport that would delineate and certify their status as a national but not a citizen of the United States."

"If a person believes he or she is eligible under the law as a non-citizen national of the United States and the person complies with the provisions of section 341(b) of the INA, 8 USC 1452(b),he/she may apply for a passport at any Passport Agency in the United States.. When applying, applicants must execute a Form DS-11 and show documentary proof of their non-citizen national status as well as their identity."[8]

Dual Nationality

"Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth. Or, an individual having one nationality at birth may naturalize at a later date in another country and become a dual national."[9]







8 U.S. Code CHAPTER 6— IMMIGRATION 8 U.S. Code SUBCHAPTER I— IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS, AND STATIONS 100 transferred to 1551 created and established in the Department of Justice an Immigration and Naturalization Service. 101 transferred to 1552 The office of the Commissioner of Immigration and Naturalization is created and established, and the President, by and with the advice and consent of the Senate, is authorized and directed to appoint such officer.[10]




  1. https://www.hisadvocates.org/
  2. Statecitizenship.org
  3. "Sections 71 to 78 transferred to sections 1501 to 1508, respectively, of Title 48, Territories and Insular Possessions." https://www.law.cornell.edu/uscode/text/8/71
    79 to 60 Omitted.
    Sections 83 to 86 Aliens owning land transferred to sections 1509 to 1512, respectively, of Title 48,
    Chapt 4 § 61 to 65 Freedman - Omitted
  4. Title 8 U.S. Code § 1452 - Certificates of citizenship or U.S. non-citizen national status; procedure [1452b section 341 b 308 confers nationality but not citizenship. 101 a21, a22, 29]
    (b) Application to Secretary of State for certificate of non-citizen national status; proof; oath of allegiance taking and subscribing, before an immigration officer within the United States or its outlying possessions, to the oath of allegiance required by this chapter of a petitioner for naturalization, the individual shall be furnished by the Secretary of State with a certificate of non-citizen national status, but only if the individual is at the time within the United States or its outlying possessions.
  5. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101#=0&edition=prelim
  6. https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Certificates-Non-Citizen-Nationality.html
  7. Title 8 USC §1101, (29) The term "outlying possessions of the United States" means American Samoa and Swains Island.
  8. https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Certificates-Non-Citizen-Nationality.html
  9. https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html
  10. https://www.law.cornell.edu/uscode/text/8/chapter-6/subchapter-I