How to Claim Your Nationality Not Citizenship: Breaking Down the Legal Process

Most Americans use the words "Citizen" and "National" interchangeably, but in the eyes of the law, they are worlds apart. Understanding this difference is the first step in learning how to claim your nationality and restoring your status. Under 8 U.S.C. § 1101(a)(22), a "National" is defined simply as someone who owes permanent allegiance to the United States. However, this definition does not automatically make you a subject of the federal government. The distinction is the key to true freedom: a State National retains inherent, God-given rights, while a U.S. Citizen operates under privileges granted—and easily taken away—by the government.

The confusion stems from the existence of the "Two United States." There is the original constitutional Republic—the 50 several states—and there is the corporate entity operating out of the District of Columbia. When you unknowingly check the "U.S. Citizen" box on government forms, you create a legal presumption of consent. You are essentially agreeing to leave the jurisdiction of the Republic and contract with the federal corporation, subjecting yourself to their statutes and overreach as if you were their property. By understanding how to claim your nationality, you can rebut this presumption and stand on the solid ground of the Republic.

The Legal Basis for How to Claim Your Nationality (State National Status)

To understand how to claim your nationality, you must first grasp the legal framework that separates a free inhabitant from a federal subject. This isn't just about opinion; it is rooted in specific statutes, codes, and historical law. The legal basis for State National status relies on understanding jurisdiction—knowing exactly where you stand and which laws apply to you.

The Law of the Flag: Understanding Jurisdiction

The "Law of the Flag" is a primary concept in international and maritime law. Simply put, the flag that flies over a territory or a vessel determines the law that governs it.

• Admiralty/Maritime Jurisdiction: When you walk into a courtroom and see a U.S. flag with a gold fringe, that is a military or admiralty flag. It signifies that the court is operating under military or commercial law, not the Common Law of the Republic.

• The Republic's Jurisdiction: The original Title 4 U.S. Flag (without the fringe) represents the Constitution and the organic laws of the 50 states.

By reclaiming your status, you are essentially declaring that you operate under the flag of the Republic (the land and soil), not the corporate flag of the District of Columbia (the sea/commerce). This distinction is vital because rights on the "land" are God-given, whereas rights on the "sea" are merely privileges granted by a captain or corporation.

The 14th Amendment "Person": Privilege vs. Right

One of the most critical realizations in this process is understanding the 14th Amendment. Before this amendment, Americans were citizens of their respective states (e.g., a Virginian, a New Yorker). The 14th Amendment created a new class of citizenship: the "U.S. Citizen" (federal citizen).

This federal citizenship clause is a "privilege" granted by legislation, not an inherent right. Because it is a privilege, it comes with strings attached—namely, federal taxes, statutes, and codes.

Comparison: 14th Amendment Citizen vs. State National

Feature	14th Amendment U.S. Citizen	State National / National of the U.S.
Source of Rights	Government (Civil Rights)	God/Creator (Inherent/Unalienable Rights)
Jurisdiction	Federal/Corporate (Washington D.C.)	The Several States (The Republic)
Status	Subject/Employee	Sovereign/Free Inhabitant
Tax Liability	Voluntary Self-Assessment	Non-Taxpayer (Foreign to Federal Jurisdiction)

UCC 1-308: Performance Under Reservation of Rights

You might ask, "If I've been using a driver's license and paying taxes my whole life, haven't I already agreed to be a U.S. Citizen?" This is where the Uniform Commercial Code (UCC) becomes your shield.

UCC 1-308 (formerly UCC 1-207) is a remedy that allows you to interact with the system without losing your rights. It states that a party who creates a reservation of rights performs or promises performance "without prejudice."

• "Without Prejudice" means: "I am doing this because I have to, but I am not giving up any of my rights, nor am I confessing that your laws apply to me permanently."

• The Application: When you sign documents (like a traffic ticket or a contract) with "All Rights Reserved" or "UCC 1-308," you are signaling that you have not knowingly or voluntarily surrendered your sovereignty.

Mastering this concept is essential for anyone trying to claim nationality, as it stops the government from assuming you have consented to their contracts.

Step 1: Documenting Your Intent (The Affidavit of Status)

You cannot simply "think" yourself free. In the world of commerce and law, if it isn’t written down, it didn’t happen. Learning how to claim your nationality requires moving from mental intent to physical documentation. This process begins with a powerful legal instrument known as the Affidavit of Status.

Breaking the Contract: Rebutting the Presumption

The legal system operates on "presumptions." Because you hold a birth certificate, a Social Security Number, and likely a driver's license, the government presumes you are a corporate U.S. Citizen. Until you say otherwise, this presumption stands as truth.

Silence is considered consent (acquiescence). If you do not formally object to being classified as a federal subject, you remain one.

• The Implied Contract: By using government "benefits," you are in an implied contract.

• The Rebuttal: A formal declaration breaks this chain. You are essentially stating, "I am correcting the record. I am not the corporate entity you think I am; I am the living man or woman standing on the land."

The Affidavit of Nationality: What to Write

Your Affidavit of Nationality (often part of an Affidavit of Repudiation or AOR) is your sworn testimony. It is a declaration that you are a "non-citizen national"—someone born on the soil of one of the 50 states, owing allegiance to the Republic, not the District of Columbia.

A strong affidavit generally includes:

• Status Declaration: Explicitly stating you are a State National (e.g., "Texan," "New Yorker") and not a 14th Amendment U.S. Citizen.

• Jurisdictional Stand: Declaring you are under the jurisdiction of Common Law and the Constitution, not federal statutory law.

• Revocation of Power of Attorney: Revoking any "implied" power of attorney the government holds over you.

Note: This document must be drafted carefully. One wrong word can change the legal meaning, which is why many people use professional templates or AOR packages to ensure the language is precise.

Witnesses and Notarization: Securing the Record

A piece of paper signed in secret has little power. To make your affidavit admissible in a "court of record," it must be properly witnessed and notarized.

1. The Notary Public: The notary does not validate the truth of your statement; they validate that you are the one who signed it. This converts your private signature into a public record.

2. Two Witnesses: Having two credible witnesses sign your document adds a second layer of authentication, making it much harder to challenge in court.

3. Maxim of Law: "An affidavit unrebutted stands as truth in commerce." Once you notarize and file this document, the burden of proof shifts to the government to prove you aren't who you say you are—something they rarely, if ever, attempt to do.

Step 2: Correcting the Public Record

Once you have documented your intent, the next phase in learning how to claim your nationality is to correct the public record. This is where the rubber meets the road. You are moving from a private declaration to a public standing, ensuring that the government acknowledges your shift in status.

The Birth Certificate "Security": Meet Your Strawman

Have you ever noticed that your name on your Birth Certificate, Driver’s License, and Social Security card is written in ALL CAPITAL LETTERS? This isn't a stylistic choice—it is a legal distinction.

• The Living Man/Woman: You, the flesh-and-blood human created by God (written as John Doe).

• The Legal Fiction (Strawman): The corporate entity created by the government to do business with you (written as JOHN DOE).

When your birth was registered, the original record was used to create a "security" or bond. Effectively, the government holds the title to this "Strawman" and uses it as collateral for national debt. By default, they presume you are the Strawman. Correcting the record separates you from this fiction, establishing that you are the beneficiary and executor of that legal entity, not the entity itself.

Notice to the Secretary of State

You cannot simply keep your Affidavit of Status in a drawer. To make it effective, you must put the appropriate government agents on "Notice."

This typically involves sending your authenticated documents to the U.S. Secretary of State (and often your state's Secretary of State). This act serves a crucial legal purpose:

• Constructive Notice: You are officially informing the head of the record-keeping department that you have corrected your status.

• Opportunity to Rebut: By law, they have a specific window of time to refute your claim. Since your claim is based on truth and their own laws (like 8 U.S.C. § 1101), they generally cannot and do not rebut it.

• Silence as Agreement: Once the time passes without objection, your status is established as a matter of record in their system.

AOR (Acceptance of Responsibility)

A key part of the "Digital AOR Package" mentioned on our site is the Acceptance of Responsibility. This might sound counterintuitive—why would you want responsibility?

In the public system, the government acts as your "guardian" because they view you as a "ward" of the state (someone unable to manage their own affairs). By executing an AOR, you are effectively saying:

"I am now an adult in the eyes of the law. I accept full responsibility for my own affairs and the administration of my legal name (the all-caps trust). I no longer need the government to act as my parent or guardian."

This step is vital because it moves you from a position of dependency (subject) to a position of power (sovereign). You are reclaiming the title to your name and agreeing to handle your own commercial energy.

Step 3: Navigating the Tax and Social Security System

One of the most complex aspects of learning how to claim your nationality is untangling yourself from the federal tax and benefit system. For decades, you may have operated under the belief that you were liable for federal income taxes as a standard "citizen." However, once you correct your status to that of a State National, your relationship with these entities changes fundamentally. This step requires precision, as you are moving from a mandatory payer to a non-resident to the federal corporation.

Revocation of Election: Ending the "Resident" Status

In the Internal Revenue Code (IRC), "U.S. Citizens" and "Resident Aliens" are taxed on their worldwide income. However, if you are a State National, you are technically a "non-resident alien" with respect to the federal jurisdiction (the District of Columbia).

Many people unknowingly "elect" to be treated as U.S. residents for tax purposes. This often happens when filing a standard Form 1040. To reverse this, State Nationals utilize a process known as the Revocation of Election.

• The Legal Basis: This process is often grounded in 26 U.S.C. § 6013(g), which allows a non-resident alien married to a U.S. citizen to elect to be treated as a resident. Conversely, it allows for that election to be revoked.

• The Strategy: By filing a formal revocation, you are stating that you no longer wish to be treated as a statutory "resident" of the federal corporation. You are asserting your status as a non-resident national who is outside the direct jurisdiction of the IRC for domestic income.

W-4 and Tax Affidavits: Clarifying the "Employee" Relationship

Most Americans believe that anyone who works is an "employee." However, 26 U.S.C. § 3401(c) provides a specific definition of "employee" for withholding purposes. It states that the term "includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof..."

State Nationals argue that because they do not work for the federal government, they do not fit this statutory definition of an "employee" subject to federal income tax withholding.

• The Tax Non-Compliance Affidavit: This document serves as a statement to employers or the IRS. It declares that you are a private national, not a federal "employee" as defined in § 3401(c), and therefore, your compensation is not "wages" subject to withholding.

• W-4 Exempt Status: Instead of claiming 0 or 1 deductions, Nationals often mark "Exempt" on their W-4 (or use a W-8BEN for foreign status), legally signaling that they have no tax liability based on their corrected status.

Key Insight: This is not about "evading" taxes; it is about strictly following the letter of the law regarding who is actually liable.

The SSN Relationship With How to Claim Your Nationality: The Private Trust

The Social Security Number (SSN) is perhaps the strongest chain binding you to the federal system. However, in the context of how to claim your nationality, the SSN is viewed differently.

• The Trust Account: When your birth certificate was registered, a "Cestui Que Vie" trust was created. The SSN is the account number for that trust.

• Beneficiary vs. Trustee: As a U.S. Citizen, the government treats you as the trustee (liable for the trust's debts). As a State National, you claim your position as the beneficiary.

• Usage: You do not necessarily have to "throw away" the SSN. Instead, you change how you use it. You stop using it for identification (which it was never intended for) and treat it solely as the account number for the trust you are now administering.

Comparison of SSN Usage

Feature	U.S. Citizen (Public)	State National (Private)
Role	Trustee (Liable)	Beneficiary (Owner)
Function	Identification / Tracking	Trust Account Number
Liability	Full Federal Tax Liability	Limited/No Liability
Status	Property of the State	Private Property

Step 4: The Passport as Your Ultimate Proof

For many State Nationals, the passport is not just a travel document—it is the ultimate form of identification. Unlike a driver's license, which is often tied to privileges and contracts (like the DMV), a passport is evidence of your political status. Securing a passport that reflects your status as a "National" rather than a "U.S. Citizen" is often considered the crowning achievement of the status correction process.

The DS-11 "National" Path

Most Americans fill out the DS-11 Application for a U.S. Passport on autopilot, checking the box that says "U.S. Citizen." However, the DS-11 form itself creates an opportunity to declare your true status if you know how to navigate it.

• The Explanatory Statement: You cannot simply check a "National" box because, on standard forms, it often doesn't exist explicitly for domestic-born Americans. Instead, State Nationals often attach a formal Explanatory Statement or an affidavit to their application. This statement explicitly clarifies that while you are a "National of the United States" as defined in 8 U.S.C. § 1101(a)(21), you are not a "U.S. Citizen" as defined by the 14th Amendment.

• The Oath: When taking the oath before a passport acceptance agent, you are swearing allegiance to the United States (the Republic), not the corporate bureaucracy. By having your status documentation (from Step 2) already on the record, your passport application becomes a reflection of that existing status rather than a new contract.

Code 09: The Golden Ticket

The goal of this process is to receive a passport with a specific endorsement Code 09.

In the Foreign Affairs Manual (FAM), which governs how the State Department issues passports, Endorsement Code 09 is described as:

"THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN."

• Why It Matters: This endorsement is the highest form of proof you can carry. If you are ever stopped by law enforcement or questioned about your status, handing over a passport with a Code 09 endorsement immediately establishes that you are not subject to the jurisdiction of a standard "U.S. Citizen."

• International Proof: While a driver's license is a domestic permission slip, a passport is an international treaty document. A Code 09 passport signals to all nations that you are a protected National of the Republic, not a corporate asset.

Living in the Private: Practical Application

Transitioning to a State National is not just about filing paperwork; it is about changing how you live. Learning how to claim your nationality means stepping out of the "public" commercial system and into the "private" domain. This shift impacts everything from traffic stops to property ownership.

Interaction with Law Enforcement

The most common concern for new State Nationals is dealing with police. When a "U.S. Citizen" is pulled over, they are operating under a driver's license, which is a contract with the state. By signing the license, you have agreed to obey the vehicle code (statutes).

A State National operates differently:

1. Right to Travel vs. Privilege to Drive: You are not "driving" (a commercial term for transporting goods/passengers for hire); you are "traveling" in your private conveyance.

2. Presenting Documents: Instead of a driver's license, you present your Passport Card (with Code 09 if possible) or a State National ID along with your Affidavit of Status and a Fee Schedule.

   • Script: "Officer, I am traveling privately and not engaged in commerce. Here is my identification as a National. I do not consent to any searches or seizures."

3. Staying Calm: The goal is not to fight on the side of the road but to establish jurisdiction. If they cite you, you handle it in court (or through administrative process) using your status documents, rather than arguing facts.

Protecting Assets: The Power of PMAs

In the public system, you don't truly "own" anything. If you stop paying property taxes, the state takes your house. To truly protect assets, you must move them into the private domain using a Private Membership Association (PMA) or a Private Ministry Association.

• What is a PMA? A PMA is a private contract between members. It operates outside the jurisdiction of public law (civil rights, public accommodation laws, etc.) because it is based on the right of association (1st and 14th Amendments).

• Asset Protection: By transferring your home, car, or business into a PMA or Ministry Trust, you separate them from your personal liability. The entity owns the asset, and you (as the trustee or director) manage it. This makes it incredibly difficult for creditors or the government to seize your property.

The Mental Shift: From Subject to Sovereign

The hardest part of how to claim your nationality isn't the paperwork—it's the mindset.

• Government Subject: Believes rights come from the government; asks for permission (permits/licenses); fears authority.

• Private Sovereign: Knows rights come from God; operates by right, not permission; respects law but demands government agents stay within their constitutional boundaries.

This mental shift requires deprogramming decades of conditioning. You stop asking, "Can I do this?" and start asking, "Does the law prevent me from doing this?" It is walking as a free man or woman, responsible for your actions but beholden to no master.

Conclusion: The Path to True Self-Sovereignty

Reclaiming your status is not a magic trick or a "get out of jail free" card; it is a profound journey of education and responsibility. Simply filing a piece of paper without understanding the principles behind it is dangerous. True sovereignty comes from knowing who you are and how the law works. Learning how to claim your nationality is about arming yourself with knowledge so that when you stand before a judge, a police officer, or a tax agent, you do so with the confidence of a free man or woman, not a confused subject.

The greatest risk to your freedom isn't testing these waters—it is staying comfortably "in the public." By remaining a 14th Amendment U.S. Citizen, you are voluntarily consenting to a system that views you as a corporate asset, subject to endless statutes, taxes, and regulations that can change at a whim.

If you are ready to stop asking for permission and start exercising your rights, the time to act is now. Whether you start with our Digital AOR Package for U.S. CITIZENS to correct your status or dive into the DIY Regular PMA Course to protect your assets, every step you take is a step toward true liberty.

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