Nationality vs. Citizenship: What's the Difference in U.S. Immigration Law?

TLDR: Nationality and citizenship are related but legally distinct concepts in U.S. immigration law. While all U.S. citizens are U.S. nationals, not all U.S. nationals are U.S. citizens. This distinction primarily applies to people born in certain U.S. territories, most notably American Samoa and Swains Island. Those individuals can live and work in the U.S. and carry a U.S. passport, but they cannot vote in federal elections or hold most federal offices. For most people navigating the immigration system, “nationality” on a visa or government form simply refers to the country of your citizenship or legal membership, not this specific U.S. legal status. If you have questions about how any of this affects your immigration options, an experienced immigration attorney can help you sort it out.

Why This Question Comes Up So Often

If you’ve ever filled out a visa application, a government form, or even a job application, you’ve probably run into fields asking for both your “nationality” and your “citizenship.” Most people type the same answer in both boxes and move on, but in U.S. immigration law, these two words actually mean different things.

This matters. Misunderstanding the distinction can cause confusion on immigration filings, affect eligibility for certain benefits, and in some situations, lead to costly errors.

What Is Citizenship?

Citizenship is a formal legal bond between a person and a country that comes with the full bundle of rights and responsibilities that country offers. In the United States, citizens can:

• Vote in federal, state, and local elections
• Run for and hold federal office (with some restrictions)
• Apply for a U.S. passport
• Petition for a broader range of family members to immigrate
• Never be deported (with very narrow exceptions)

U.S. citizenship is acquired in two primary ways: by birth (either on U.S. soil or to a U.S. citizen parent abroad) or through naturalization, which is the legal process of becoming a citizen after holding lawful permanent resident (green card) status for a required period of time.

What Is Nationality?

Nationality is a broader concept. It refers to the legal membership or allegiance a person holds to a particular nation-state. Essentially, it means which country you belong to in the eyes of international law. In everyday usage around the world, “nationality” and “citizenship” are used interchangeably. But in U.S. law, they are distinct.

Under the Immigration and Nationality Act (INA), a U.S. national is defined as a person who owes permanent allegiance to the United States. This includes all U.S. citizens, but it also includes a small group of people who are U.S. nationals but not U.S. citizens.

U.S. Nationals Who Are Not Citizens: The Key Distinction

This is where U.S. immigration law gets specific, and a bit surprising for many people.

Under 8 U.S.C. § 1408, individuals born in American Samoa or Swains Island (both U.S. territories) are U.S. nationals but are not automatically U.S. citizens. They hold U.S. nationality, carry a U.S. passport marked “non-citizen national,” can live and work in the United States without restriction, and receive consular protection abroad but they cannot vote in federal elections and are not eligible for most federally elected offices.

A quick example: Maria is born in American Samoa. She has always lived under U.S. governance, attended U.S. schools, and holds a U.S. passport. But because of where she was born, she is a U.S. national and not a U.S. citizen. If she wants to vote in a presidential election or naturalize to full citizenship, she must go through the naturalization process.

A Brief History: Why Does This Distinction Even Exist?

The concept of non-citizen nationals in U.S. law has deep roots in the country’s history of territorial expansion and the legal frameworks that followed.

After the Spanish-American War of 1898, the United States acquired several overseas territories, including Puerto Rico, Guam, and the Philippines. Congress and the courts grappled with how to classify the residents of these new territories. A series of Supreme Court decisions from 1901 to 1922, known collectively as the Insular Cases, held that certain constitutional rights did not automatically apply in “unincorporated territories” (territories not on a path to statehood).

As a result, Congress used the category of “national” to describe residents of these territories, people under U.S. sovereignty, but not necessarily full citizens. Over time, Congress extended citizenship to residents of Puerto Rico (1917), the U.S. Virgin Islands (1927), Guam (1950), and the Northern Mariana Islands (1986). American Samoa remains the only U.S. territory today where birth does not automatically confer citizenship.

This history is not without controversy. Advocates and legal scholars have long argued that the continued non-citizen status of American Samoans is inequitable, and legal challenges to this status have reached federal courts in recent years.

How “Nationality” Is Used on Visa and Immigration Forms

Here’s where things get practically important for most immigrants and visa applicants: when you see the word “nationality” on a U.S. visa application, a DS-160 form, or USCIS paperwork, it almost always refers to your country of citizenship, not the specific U.S. legal status described above.

For instance, a citizen of Canada filling out a visa application would enter “Canadian” or “Canada” under nationality, even if they’ve lived in the U.S. for years or hold permanent residency. This is the country where they hold citizenship or recognized legal membership.

Why does this matter? Because your nationality (country of citizenship) determines things like:

• Which visa categories you may be eligible for (e.g., the TN visa is available to Canadian and Mexican nationals under USMCA)
• Whether you’re subject to per-country caps on green card processing
• Treaty-based visa eligibility (E-1 and E-2 visas are tied to your country of nationality)
• Whether certain visa waiver programs apply to you

Dual Nationality and U.S. Immigration

The United States does not formally recognize dual nationality, but it does tolerate it. There is no U.S. law that prohibits a U.S. citizen from also holding citizenship in another country, though certain acts taken voluntarily (like swearing allegiance to a foreign state or serving in another country’s military) can sometimes trigger questions about intent to relinquish U.S. citizenship.

For immigration purposes, if you hold citizenship in two countries, you generally identify your nationality as the country whose passport you are traveling on when entering the United States.

What You Need to Remember About Nationality vs. Citizenship

The nationality vs. citizenship distinction has very real consequences depending on your situation:

• If you are a U.S. national from American Samoa, you have specific rights and limitations that differ from full citizenship. An immigration attorney can help you understand your options, including the naturalization pathway.
• If you are a foreign national applying for a U.S. visa or green card, your nationality (country of citizenship) determines your eligibility for many visa categories, affects processing timelines, and may open or close certain immigration pathways.
• If you are in the naturalization process, you are moving from lawful permanent resident status toward full U.S. citizenship, at which point you will hold both U.S. nationality and U.S. citizenship.

The distinction between nationality and citizenship may seem like a technicality, until it directly affects your immigration status, your visa eligibility, or your path to U.S. citizenship. In everyday language, the two terms are often used interchangeably. But in U.S. immigration law, they carry specific legal weight, and knowing the difference can make a real difference in how you approach your case.

Frequently Asked Questions

Q: Can a U.S. national (non-citizen) become a U.S. citizen?

Yes. U.S. nationals who are not citizens can pursue naturalization. The process is similar to the one available to lawful permanent residents, though the specific eligibility requirements can vary. If you hold U.S. national status and want to explore citizenship, speaking with an immigration attorney is the best first step.

Q: Is my nationality the same as my country of birth?

Not necessarily. Nationality typically refers to your country of citizenship, which may or may not be the country where you were born. For example, someone born in one country who later naturalized in another country would list their country of current citizenship as their nationality on most U.S. immigration forms.

Q: Does nationality affect which U.S. visas I can apply for?

Yes, in several important ways. Some visas, like the TN visa under USMCA, or the E-3 visa for Australian nationals, are available only to citizens of specific countries. Others, like E-1 and E-2 treaty visas, depend on a trade or investment treaty between the U.S. and your country of nationality. Your nationality also affects whether you are subject to green card backlogs based on per-country limits.

If you have questions about your nationality, citizenship status, or any aspect of U.S. immigration law, the team at Berardi Immigration Law is here to help. We work with individuals and businesses to navigate the complexities of the U.S. immigration system  clearly, strategically, and with your best outcome in mind. Book a consultation with our team today.