This petition for review raises the issue of whether action short of completing the naturalization process may render an alien a "national" of the United States.

Petitioner Joseph Nassib Abou-Haidar is a citizen of Lebanon who entered the United States as a legal permanent resident in 1983. In 2001, Abou-Haidar was convicted of armed robbery. The Immigration and Naturalization Service ("INS")1 placed him in removal proceedings, seeking to deport him as an aggravated felon. Abou-Haidar moved to terminate the proceedings on the ground that he was not an "alien"2 because he had acquired derivative citizenship and/or qualified as a "national"3 of the United States. The immigration judge denied the motion, ordered Abou-Haidar removed, and subsequently denied a motion to reconsider. The Board of Immigration Appeals ("BIA") affirmed.

Abou-Haidar argues that the BIA erred in concluding that he was not a "national" of the United States. We review this legal question de novo. See generally Fierro v. Reno, 217 F.3d 1, 3 (1st Cir.2000). Abou-Haidar bases his claim on the following facts: (1) he has resided in the United States as a legal permanent resident since 1983; (2) he registered with the U.S. Selective Service System in 1984; (3) he filed an application for naturalization in 1997; and (4) at his 1998 naturalization interview, he swore allegiance to the United States and signed an oath declaration form. Although his naturalization application was denied in 1999, Abou-Haidar asserts that his circumstances establish him as a person who "owes permanent allegiance to the United States."

The overwhelming majority of circuit courts to consider the question have concluded that one can become a "national" of the United States only by birth or by naturalization under the process set by Congress. See, e.g., Marquez-Almanzar v. INS, 418 F.3d 210, 216-19 (2d Cir.2005); Sebastian-Soler v. U.S. Att'y Gen., 409 F.3d 1280, 1285-87 (11th Cir.2005); Salim v. Ashcroft, 350 F.3d 307, 309-10 (3d Cir. 2003); Perdomo-Padilla v. Ashcroft, 333 F.3d 964, 972 (9th Cir.2003). A long period of residence in the United States, military service and/or registration with the Selective Service, and completing a portion of the naturalization process (including an oath of allegiance) do not suffice. See Tovar-Alvarez v. U.S. Att'y Gen., 427 F.3d 1350, 1353 (11th Cir.2005); Alwan v. Ashcroft, 388 F.3d 507, 512-13 (5th Cir.2004); Reyes-Alcaraz v. Ashcroft, 363 F.3d 937, 939-40 (9th Cir.2004); United States v. Jimenez-Alcala, 353 F.3d 858, 860-62 (10th Cir.2003).4

There are several justifications for this conclusion. First, absent a fully completed naturalization process, the term "national" has traditionally only been applied to certain persons born in the outlying territories of the United States. See Jimenez-Alcala, 353 F.3d at 861 (stating that the concepts of "citizenship" and "nationality" are essentially synonymous, and that the only noncitizen U.S. nationals are residents of American Samoa and Swains Island); see also Reyes-Alcaraz, 363 F.3d at 939. Second, the relevant immigration statutes, 8 U.S.C. §§ 1401-1458, provide that completion of naturalization is the only means by which an alien can become a national of the United States. See Marquez-Almanzar, 418 F.3d at 216-19; Sebastian-Soler, 409 F.3d at 1285-86; Perdomo-Padilla, 333 F.3d at 968-71. Third, the contrary result could potentially allow an alien to avoid deportation by simply filing a futile naturalization application. See Perdomo-Padilla, 333 F.3d at 970. Fourth, we do not think that the submission of a naturalization application, which can be denied or withdrawn at any time by the applicant, is very strong evidence of a "permanent" allegiance to the United States. See id. at 968-69; see also Jimenez-Alcala, 353 F.3d at 861-62 (residing in the United States for a long period or subjectively considering oneself a person who owes permanent allegiance to the U.S. does not render one a national).

Because Abou-Haidar was never naturalized, he is not a "national" of the United States. The petition is therefore denied.