Foreign national

A foreign national is any person or individual who is not a national of a specific country. For example, a foreign national is someone who is neither a citizen nor a national of the United States.[1] The same applies in Canada.[2]

Canada

The law of Canada divides people into three major groups: citizens, permanent residents, and foreign nationals.[2] Under Section 2 of the Immigration and Refugee Protection of Canada (IRPA), "foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person."[3]

United States
Further information: Alien_(law) § United_States

The term "foreign national" is not defined in the Immigration and Nationality Act (INA), which instead uses the term alien to cover many classes of people or individuals who do not qualify as nationals of the United States.[1] Green card holders or lawful permanent residents of the United States are generally classified as foreign nationals,[4] but some can legally claim to also being nationals of the United States.[5][6][7][8][9]

Foreign national is used in US election laws to identify people who are not allowed to contribute to federal campaigns. For that purpose, "the term 'foreign national' means... an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8."[10]

See also

References
  1. 8 U.S.C. § 1101(a)(3) ("The term 'alien' means any person not a citizen or national of the United States."); 8 U.S.C. § 1101(a)(22) ("The term 'national of the United States' means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States."); Ricketts v. Attorney General, This article incorporates text from this source, which is in the public domain. 897 F.3d 491, 494 n.3 (3d Cir. 2018) ("Citizenship and nationality are not synonymous."); Tuaua v. United States, This article incorporates text from this source, which is in the public domain. 788 F.3d 300, 302 (D.C. Cir. 2015) (affirmed), cert. denied, 136 S. Ct. 2461 (2016) ("Unlike those born in the United States' other current territorial possessions—who are statutorily deemed American citizens at birth—section 308(1) of the Immigration and Nationality Act of 1952 designates persons born in American Samoa as non-citizen nationals...”) (emphasis added).
  2. https://www.settler.ca/english/?p=2259
  3. https://www.canlii.org/en/ca/laws/stat/sc-2001-c-27/latest/sc-2001-c-27.html?autocompleteStr=immigra&autocompletePos=1#sec2subsec1
  4. Fernandez v. Keisler, This article incorporates text from this source, which is in the public domain. 502 F.3d 337 (4th Cir. 2007) (case about a "criminal and removable" green card holder who unsuccessfully claimed in the lower federal courts that he was a non-citizen U.S. national pursuant to 8 U.S.C. § 1101(a)(22)(B)); Salim v. Ashcroft, This article incorporates text from this source, which is in the public domain. 350 F.3d 307 (3d Cir. 2003) (same).
  5. See, e.g., generally 8 U.S.C. § 1503; 8 U.S.C. § 1431; 8 U.S.C. § 1433; 8 U.S.C. § 1436; 8 U.S.C. § 1442; 8 U.S.C. § 1452; 8 U.S.C. § 1252(b)(5); 18 U.S.C. § 611(c); 18 U.S.C. § 1015(f); Khalid v. Sessions, This article incorporates text from this source, which is in the public domain. 904 F.3d 129 (2d Cir. 2018). See also 8 C.F.R. § 239.2(a)(1); Matter of S-O-G- & F-D-B-, This article incorporates text from this source, which is in the public domain. 27 I&N Dec. 462 (A.G. 2018).
  6. "U.S. citizen mistakenly put in deportation proceedings finally returns to America". NBC News. February 4, 2020. Retrieved February 3, 2021.
  7. "Cambodian refugee who advocates say was wrongly deported returns to U.S." NBC News. February 28, 2020. Retrieved February 3, 2021.
  8. "First Cambodian to return after deportation inspires others after gaining U.S. citizenship". NBC News. July 16, 2020. Retrieved February 3, 2021.
  9. "The first Cambodian deportee to return to the U.S. just became a citizen in Sacramento". The Sacramento Bee. July 3, 2020. Retrieved February 3, 2021.
  10. 52 U.S.C. § 30121(b)
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