Naturalization as a U.S. National only?

[pm5k 127]

Wikipedia claims that this is possible.  Thoughts?

 

https://en.wikipedia.org/wiki/Afghan_refugees

 

"For example, those that receive green cards under 8 U.S.C. § 1159 can immediately become "non-citizen nationals of the United States" pursuant to 8 U.S.C. § 1452(b), without needing to meet the requirements of 8 U.S.C. § 1427(a).^[17] This allows them to travel with distinct United States passports.^[18"

[Mike E 11,727]

Are you a citizen of America Samoa? Those are practically  the only remaining US nationals, afaik. 
 

Accelerated naturalization of American Samoans is a thing, provided they’ve resided continuously in the USA and/or America Samoa for the past 5 years.  
 

I’ve never heard of refugees also being US nationals but it wouldn’t surprise me. 

Edited June 14, 2022 by Mike E

[pm5k 127]

17 minutes ago, Mike E said:

I’ve never heard of refugees also being US nationals but it wouldn’t surprise me. 

I was surprised.  I know they can get travel documents since many are unable to get a passport from their country of origin (similar in appearance to a reentry permit, but different).  Many countries issue "travel documents"  (Germany, India, Nepal) or modified passports (Jordan) to stateless people or those who are refugees, but I have never heard of a refugee being classified as a U.S. National before

[pm5k 127]

19 minutes ago, Mike E said:

Are you a citizen of America Samoa? Those are practically  the only remaining US nationals, afaik. 
 

Accelerated naturalization of American Samoans is a thing, provided they’ve resided continuously in the USA and/or America Samoa for the past 5 years.  
 

 

I am not, I was just curious as naturalizing as a U.S. National sounded strange to me (especially for those who have zero connection to American Samoa)

[Dashinka 23,373]

I don't understand how this would work out.  Reading the referenced material in the Wikipedia post does not clearly state that an asylum seeker can immediately gain non-citizen US National status.  

 

To add to @Mike E, Swains Island folks are also non-citizen US Nationals.

[pm5k 127]

7 minutes ago, Dashinka said:

I don't understand how this would work out.  Reading the referenced material in the Wikipedia post does not clearly state that an asylum seeker can immediately gain non-citizen US National status.  

 

To add to @Mike E, Swains Island folks are also non-citizen US Nationals.

That is exactly why I mentioned this.  I saw this on wikipedia a few years ago as well, but it did not seem to add up.  For some reason someone seems to think they found an obscurity in the laws

[Mike E 11,727]

19 minutes ago, Dashinka said:

I don't understand how this would work out.  Reading the referenced material in the Wikipedia post does not clearly state that an asylum seeker can immediately gain non-citizen US National status.  

 

To add to @Mike E, Swains Island folks are also non-citizen US Nationals.

Uninhabited since 2008.  I did write “practically”

 

Asylum seeker and refugee are different. 

 

 

Edited June 14, 2022 by Mike E

[JeanneAdil 6,252]

https://www.uscis.gov/humanitarian/information-for-afghan-nationals

 

On March 16, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced a new designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. For additional information, please see the news release. For more information about TPS, please visit our Temporary Protected Status webpage.

 

 

The process is backlogged like every other immigration process

it says on ABC news that most are relocated to Most have now settled in communities around the U.S., with the largest numbers moving to Northern Virginia and the surrounding Washington, D.C., area; Northern California; and Texas. which are not one of our island territorites so no non citizen national status.  they remain with TPS status

 

For many, however, time is running out because they have not yet received permanent residency through backlogged programs such as the special immigrant visa, which is issued to people who worked as interpreters or in some other capacity for the U.S. and its allies during the 20-year war.

[Dashinka 23,373]

46 minutes ago, Mike E said:

Uninhabited since 2008.  I did write “practically”

 

Asylum seeker and refugee are different. 

 

 

Interesting history.

[Demise 1,135]

4 hours ago, pm5k said:

I am not, I was just curious as naturalizing as a U.S. National sounded strange to me (especially for those who have zero connection to American Samoa)

I looked at the citations for that part and the citations to the citations. Found nothing. Sections relate to AOS for asylees/refugees, derived citizenship via parent's naturalization, certificates of non-citizen nationality without touching on how that status is bestowed (fun fact: this section of law was never implemented, only document that can prove non-citizen nationality is a US passport with the restriction text), and some court cases regarding eligibility for asylum.

 

I know of there being some efforts to upgrade non-citizen veterans to being non-citizen nationals so they'll be immune from deportation, as far as I know none of those bills passed.

 

I think whoever wrote this wikipedia article conflated a passport with a refugee travel document.

 

So I think the only way to acquire non-citizen nationality is by birth in American Samoa or one of the nuclear test sites in the Pacific to non-citizen parents or by birth to a non-citizen national abroad.

Edited June 14, 2022 by Demise

[pm5k 127]

It sounds like they are claiming that a refugee can take an oath that meets the requirements of naturalization, but since they do not meet the requirements of naturalization as a citizen, they can theoretically be a national since the oath was still taken.  The problem is that there is an "and" which joins the two subsections of 8 U.S.C § 1452(b), and the first section says "proof to the satisfaction of the Secretary of State that the applicant is a national, but not a citizen, of the United States, and..."

 

So I do not think this would work (as those people who are nationals and not citizens is more/less clearly defined due to case law, etc). 

 

I guess someone should fix the wikipedia article?