U.S. immigration law is full of terminologies that can often leave your head spinning. Two frequently confusing terms are “national” and “citizen”. At first glance, they might seem synonymous, but in the context of immigration and legal definitions, they carry different implications. Here, we explain each term’s differences and significance.
1. Defining a U.S. National
A U.S. national is a person who owes allegiance to the United States and is entitled to its protection. This includes U.S. citizens and confident individuals from American territories, notably American Samoa and Swains Island. The pivotal point is that while all U.S. citizens are U.S. nationals, not all U.S. nationals are U.S. citizens.
For example, American Samoa and Swains Island nationals are not automatically granted U.S. citizenship at birth. Instead, they are considered non-citizen nationals. This means that while they are entitled to many of the protections of the Constitution, they may not access certain rights and privileges exclusive to citizens.
2. Defining a U.S. Citizen
A U.S. citizen is an individual who has either been born in the United States (or certain territories), naturalized, or acquired citizenship through specific provisions in the law. U.S. citizens enjoy all the rights and responsibilities that the Constitution and laws of the United States bestow.
This includes the right to vote in federal elections, the ability to hold certain federal positions, and the unequivocal right to reside in the U.S. Furthermore, citizens are responsible for serving on juries if summoned and registering for the Selective Service, among other duties.
3. Why the Distinction Matters in U.S. Immigration Law
Understanding the nuances between these terms is important for individuals and families navigating the U.S. immigration system. The rights and privileges attached to citizenship can significantly impact one’s immigration status, opportunities for family unification, access to benefits, and more.
For example, only U.S. citizens can petition for siblings to immigrate and become permanent residents. Additionally, the pathways to naturalization differ depending on whether one starts as a U.S. national or another status.
Conclusion
Understanding the distinctions between terms can significantly impact one’s journey in the intricate landscape of U.S. immigration law. By comprehending the differentiation between a national and a citizen, individuals are better equipped to navigate their rights, opportunities, and legal avenues.
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