Are Samoans American? Citizens, Nationals, or Neither

People born in American Samoa are U.S. nationals, not U.S. citizens — so the answer to whether Samoans are American citizens depends on which Samoa and which parents. American Samoa is a U.S. territory, and someone born there generally holds U.S. national status, which allows living and working anywhere in the United States but not voting in federal elections. The exception: a child born in American Samoa to a U.S. citizen parent who meets a physical-presence requirement is a citizen from birth. People born in the independent nation of Samoa are citizens of that country and have no special U.S. status at all.

What U.S. National Status Actually Means

Under 8 U.S.C. § 1408, a person born in an “outlying possession” of the United States is a national but not a citizen at birth. The statute defining “outlying possessions” lists only American Samoa and Swains Island.1Office of the Law Revision Counsel. 8 USC 1101 – Definitions Every citizen is also a national, but not every national is a citizen.2Office of the Law Revision Counsel. 8 USC 1408 – Nationals but Not Citizens of the United States at Birth

In practice, U.S. nationals can:

  • Live and work anywhere in the 50 states, D.C., and other U.S. territories without a visa or work authorization.
  • Hold a U.S. passport, though it carries a special endorsement inside stating: “THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN.” Passport cards say “U.S. National” on the front instead of “USA.”3Foreign Affairs Manual. Passport Endorsements
  • Apply for competitive-service federal jobs. Executive Order 11935 extends eligibility to both citizens and nationals.4U.S. Office of Personnel Management. Employment FAQ – Do I Have to Be a US Citizen to Apply
  • Qualify for Social Security retirement and disability benefits if they have earned enough work credits.

What nationals cannot do is participate politically. They cannot vote in federal elections, hold elected federal office, or serve on a federal jury. Most state constitutions also restrict voting to citizens, so relocating to the mainland does not restore those rights. Supplemental Security Income is also unavailable to people who live in American Samoa; SSI eligibility is limited to the 50 states, D.C., and the Northern Mariana Islands.5Social Security Administration. SSI Eligibility Requirements

When a Person Born in American Samoa Is a Citizen at Birth

The blanket rule has one meaningful exception. Under 8 U.S.C. § 1401(e), a person born in an outlying possession is a U.S. citizen at birth if at least one parent is a U.S. citizen who was physically present in the United States or its territories for a continuous year at some point before the child was born.6Office of the Law Revision Counsel. 8 USC 1401 – Nationals and Citizens of United States at Birth Section 1408 itself is written to yield to that provision, applying only “[u]nless otherwise provided in section 1401.”

So the accurate framing is that parentage decides the outcome. A child born in American Samoa to two American Samoan nationals is a national. A child born there to a qualifying U.S. citizen parent is a citizen.

How a U.S. National Becomes a Citizen

A national born in American Samoa who wants full citizenship goes through naturalization, and the path is shorter than the one foreign nationals walk. Because nationals already have the right to live in the United States, there is no green card step. A national can move to any state and start building toward the residency requirement right away.

The application is Form N-400, filed with U.S. Citizenship and Immigration Services. The filing fee is $760 by paper or $710 online.7U.S. Citizenship and Immigration Services. N-400, Application for Naturalization The main requirements are:

  • Continuous residence of at least five years in the United States, or three years if married to a U.S. citizen.
  • Good moral character throughout the residency period.
  • A basic English reading, writing, and speaking test.
  • A civics test on U.S. history and government.
  • The Oath of Allegiance, taken at a naturalization ceremony.

One provision helps nationals specifically. Under 8 U.S.C. § 1436, time spent living in American Samoa counts toward the residency and physical presence requirements, so an applicant does not have to spend five years on the mainland before filing.8Office of the Law Revision Counsel. 8 USC 1436 – Nationals but Not Citizens; Residence Within Outlying Possessions The statute does still require the applicant to become a resident of a state to file.

Why the Rule Is This Way, and Whether It’s Changing

American Samoa is the only U.S. territory whose residents are not granted citizenship at birth. Federal courts have repeatedly held that the Fourteenth Amendment’s citizenship clause does not automatically extend to the territory. In Fitisemanu v. United States, a federal district court in Utah ruled in 2019 that people born in American Samoa were entitled to birthright citizenship, but the Tenth Circuit reversed in 2021, finding that “neither constitutional text nor Supreme Court precedent” required that result and that Congress plays the “preeminent role” in setting citizenship rules for unincorporated territories.9Justia Case Law. Fitisemanu v. United States The Supreme Court declined to hear the case in October 2022.10Supreme Court of the United States. Docket for 21-1394

Notably, American Samoa’s elected leaders filed briefs in Fitisemanu opposing court-imposed citizenship. Their central concern was that American Samoa’s communal land system, rooted in fa’a Samoa, restricts land ownership to people of Samoan ancestry, and that full application of the Equal Protection Clause could jeopardize that system.

Legislation has been introduced to address the question through Congress instead. H.R. 6158, the American Samoa Statutory Nationality and Citizenship Act, was introduced in November 2025 and referred to the House Judiciary Committee; as of early 2026 it has not advanced.11U.S. Congress. H.R. 6158 – American Samoa Statutory Nationality and Citizenship Act Similar bills in earlier sessions did not pass.

People From the Independent Nation of Samoa

Independent Samoa, formerly Western Samoa, is a separate sovereign country with no political tie to the United States. People born there are Samoan citizens and have no U.S. national or citizen status. To live or work in the United States, they go through the standard immigration process: a visa, lawful permanent residence, and then naturalization if they want citizenship. The two Samoas share language and culture but have followed different political paths since colonial powers divided the islands in the early 1900s.