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The terms citizenship and nationality are often used interchangeably in everyday speech, but in the context of US immigration law they carry distinct legal meanings. Understanding the difference between the two is essential for grasping the rights, restrictions, and pathways available to those who live — or plan to live — in the United States. This guide explains the definitions, practical distinctions, the processes involved, and the specific situations in which each concept applies.
In broad terms, citizenship is the full legal status in a given country, with all associated civil and political rights attached. Nationality is the legal bond between an individual and a state, and may or may not come with citizenship. In the United States, every citizen is a national, but not every national is a citizen — a nuance that has real consequences in the daily lives of certain populations in US territories.
What Is Citizenship
Citizenship is a full legal bond between an individual and a country. It grants the complete set of civil and political rights: voting in federal elections, running for elected office, obtaining a US passport, receiving consular protection abroad, and accessing benefits reserved for citizens. Citizenship can be acquired by birth, marriage, or naturalization, and can be formally renounced.
In the United States, the Fourteenth Amendment to the Constitution, ratified on July 9, 1868, establishes that 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. This principle of jus soli — the right of the soil — is the foundation of the American system of birthright citizenship.
What Is Nationality
Nationality refers to the legal relationship with a country of origin or the state to which an individual owes permanent allegiance. Unlike citizenship, it tends to be fixed and does not require an acquisition process: you are born with it. In the United States, the law defines a national as a person who owes permanent allegiance to the state and has a connection to an outlying possession of the United States.
The following groups are considered US nationals:
- A person born in an outlying possession of the United States
- A person born outside the United States whose parents are nationals and resided in US territory before the child’s birth
- A person of unknown parents found in an outlying possession of the United States before reaching age 5, unless proven otherwise before age 21
- A person born outside the United States and its outlying possessions with one parent who is a national
US National vs. US Citizen
The practical rule is straightforward: every American citizen is also a national, but not every national is a citizen. The main contemporary examples of non-citizen nationals are people born in American Samoa and Swains Island (which is part of American Samoa), as well as people born outside the United States with one or both parents being American nationals.
Non-citizen nationals have the irrevocable right to live and work anywhere in the United States without restriction. They may apply for a US passport and may naturalize as citizens through the same process as permanent residents. They cannot, however, vote in federal elections or hold federal elected office.
You are considered a non-citizen national of the United States if you were born in:
- Puerto Rico between 1898 and 1917
- Guam between 1898 and 1950
- US Virgin Islands between 1917 and 1927
- Philippines between 1898 and 1946
Those born in these locations after the indicated dates are today automatic US citizens, with the exception of the Philippines, which became an independent country in 1946 and never granted full American citizenship to those born there.
Practical Example: Nationality vs. Citizenship
Consider the case of Maria, born in Spain, who moves to the United States at age 30. As a green card holder, Maria remains a Spanish national — receiving US permanent residency does not change her nationality. After five years with a green card and meeting all requirements, she applies for naturalization. Upon becoming a US citizen, Maria also becomes a US national. Depending on Spanish and American law, she may retain both nationalities simultaneously, establishing dual citizenship.
Green Card and Nationality
Green card holders are not US nationals. The green card grants the status of Lawful Permanent Resident (LPR), allowing the holder to live and work in the United States indefinitely, but it does not establish a nationality bond. The US Congress sets annual quotas for each immigrant visa category, with the exception of immediate relatives of US citizens.
Compacts of Free Association
The Compacts of Free Association between the United States and three nations of the former Pacific Trust Territory create a unique situation in US immigration law. Citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau may enter the United States without a visa, work without restriction, and remain for as long as they wish.
Upon entering the country, these individuals receive Form I-94 (Arrival/Departure Record) stamped with CFA/MIS, CFA/FSM, or CFA/PAL, according to their country of origin. They are not US nationals, but they hold residency and work rights that approximate those of permanent residents — an intermediate status created by specific international treaties.
Rights of US Nationals
By law, non-citizen nationals hold important rights in the United States:
- Permission to live and work anywhere within US territory
- Eligibility to apply for a US passport
- Eligibility for naturalization through the same process as permanent residents
- Freedom of speech, religion, and the pursuit of happiness guaranteed by the Constitution
- Right to US consular protection when abroad
US nationals can become citizens through the naturalization process, requiring a minimum of three months of continuous residence in the country before applying. After naturalization, they gain full political rights, including the right to vote in federal elections. It is worth noting that some territories, such as American Samoa, allow non-citizen nationals to vote in local elections.
Dual Nationality
Dual nationality means that an individual is simultaneously a national of two countries. The terms dual nationality and dual citizenship are frequently used interchangeably. A US citizen may naturalize in another country without losing American citizenship — provided the other country also accepts dual nationality.
It is important to note that each country has the right to apply its own laws to an individual while that person is under its jurisdiction. Brazilians who acquire US citizenship, for example, retain their Brazilian citizenship under Article 12 of the Federal Constitution, but must comply with tax and legal obligations before both states.
Nationality vs. Ethnicity
Ethnicity and nationality are not the same thing. Ethnicity relates to cultural markers — common ancestry, religious expression, culture, language. Nationality is a legal-political bond with a state. Ethnicity also differs from race, which traditionally refers to physical traits such as skin color, hair texture, or complexion. A person can hold Brazilian nationality, Japanese ethnicity, and Iberian ancestry without any contradiction.
Types of US Citizenship
There are two main categories of US citizenship: by birth (combining jus soli and jus sanguinis) and by naturalization. Under the Fourteenth Amendment, all persons born in US territory and subject to its jurisdiction are citizens by birth. There are also other forms of birthright citizenship, such as:
- Children of members of Native American tribes, Eskimos, Aleuts, or other recognized aboriginal tribes
- Persons born outside the US to citizen parents, provided at least one of them resided in US territory
- Persons born with one US citizen parent who lived in the country for at least one year before the child’s birth
- Persons born with one citizen parent and one US national parent, with the citizen parent having physically resided in the US for at least one year
- Persons born with one US citizen parent and one foreign parent, with the citizen parent having physically resided in the US for at least five years, two of them after age 14
There are also specific situations such as births through Assisted Reproductive Technology (ART) and surrogacy abroad. In these cases, if the child has a biological connection to a US citizen parent, they may be considered a citizen at birth, according to current State Department guidance.
The Naturalization Process
Naturalization is the path available to permanent residents who wish to become US citizens. The basic USCIS requirements include:
- Be at least 18 years old at the time of application
- Have maintained lawful permanent residence for at least five continuous years (three years for spouses of citizens)
- Have been physically present in the US for at least half of that period
- Demonstrate good moral character
- Pass the English and civics tests
The process begins with the submission of Form N-400. As of April 1, 2024, following the USCIS fee schedule adjustment, the N-400 filing fee is $760 for paper filing and $710 for online filing. The biometric services fee is included in the new fee structure for most applicants. Always verify current fees on the official USCIS website before filing, as adjustments may occur periodically.
After applying, the applicant attends an interview, takes the civics test (with 100 possible questions about American history and government) and the English test. Upon approval, the applicant takes the Oath of Allegiance and receives a certificate of naturalization.
The Citizenship Interview
During the interview, the USCIS officer asks questions about various aspects of the applicant’s life and history:
- Where the applicant lived and worked during their time in the United States
- History as a lawful permanent resident
- Personal information, marriage, and family history
- Moral character and conduct
- Understanding of the founding principles of the United States
- Willingness to take the Oath of Allegiance to the country
The officer also evaluates English proficiency, examining reading, writing, and speaking ability. The goal is to verify whether the applicant can fully participate in American society — communicating with government agencies, participating in civic processes, and exercising political rights independently.
What to Do If You Lose Your Certificate of Naturalization
If the certificate of naturalization is lost or damaged, the citizen may request a replacement by submitting Form N-565 to USCIS. Since the certificate is a sensitive document essential for various citizenship verifications, it is recommended to keep it in a secure location and obtain certified copies for use in situations where presenting the original would be risky — such as opening bank accounts, insurance processes, or issuing other official documents.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
