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Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost.
Naturalization (or naturalisation) is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. [1] The definition of naturalization by the International Organization for Migration of the United Nations excludes citizenship that is automatically acquired (e.g. at birth) or is acquired by declaration.
United States, 343 U.S. 717 (1952) that dual nationality is a long-recognized status in the law and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. The mere fact he asserts the rights of one nationality does not, without more, mean that he renounces the other". [148]
Jus sanguinis (English: / dʒ ʌ s ˈ s æ ŋ ɡ w ɪ n ɪ s / juss SANG-gwin-iss [1] or / j uː s-/ yooss -, [2] Latin: [juːs ˈsaŋɡwɪnɪs]), meaning 'right of blood', is a principle of nationality law by which nationality is determined or acquired by the nationality of one or both parents.
The Immigration and Nationality Act of 1952 made a distinction between "citizenship" and "nationality" of the United States: all United States citizens are also United States nationals, but not all U.S. nationals are also U.S. citizens. [79] Hence, it is possible for a person to be a national of the United States but not a U.S. citizen.
Nationality law defines nationality and statelessness. Nationality is awarded based on two well-known principles: jus sanguinis and jus soli. Jus sanguinis translated from Latin means "right of blood". According to this principle, nationality is awarded if the parent(s) of the person are nationals of that country.
This same provision (slightly reworded) is contained in present-day law as section 301(b) of the Immigration and Nationality Act of 1965 (8 U.S.C. § 1401). This legislation was necessary to grant citizenship to members of U.S. tribal nations due to the ruling of the Supreme Court of the United States in Elk v.
The Nationality Act of 1940 (H.R. 9980; Pub.L. 76-853; 54 Stat. 1137) revised numerous provisions of law relating to American citizenship and naturalization. It was enacted by the 76th Congress of the United States and signed into law on October 14, 1940, a year after World War II had begun in Europe, but before the U.S. entered the war.