8 U.S.C. § 1436
Section 1436 · Nationals but not citizens; residence within outlying possessions
This is § 325 of the Immigration and Nationality Act of 1952 (McCarran-Walter)
Amended 2 times on record
Applied in 4 court decisions — leading case 356 F. Supp. 3d 1105 - United States v. Zazi (2018)
Most recently applied in Ilai Koonwaiyou v. Antony Blinken (June 2023)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified, may, if he becomes a resident of any State, be naturalized upon compliance with the applicable requirements of this subchapter, except that in applications for naturalization filed under the provisions of this section residence and physical presence within the United States within the meaning of this subchapter shall include residence and physical presence within any of the outlying possessions of the United States.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1990—Pub. L. 101–649 substituted “applications” for “petitions”.
Cross References
Definition of the term—
National, see section 1101(a)(21) of this title.
Naturalization, see section 1101(a)(23) of this title.
Residence, see section 1101(a)(33) of this title.
United States, see section 1101(a)(38) of this title.