Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Jeff Winston
Since his mother was an American citizen, whether his father was permanently resident or not simply doesn't matter.

This claim is not supported by law. Remember, BHO II is not covered by WKA.

8 USC § 1401

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person
(A) honorably serving with the Armed Forces of the United States, or
(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

http://www.law.cornell.edu/uscode/text/8/1401

440 posted on 04/04/2013 9:02:19 PM PDT by Ray76 (Do you reject Obama? And all his works? And all his empty promises?)
[ Post Reply | Private Reply | To 434 | View Replies ]


To: Ray76
This claim is not supported by law. Remember, BHO II is not covered by WKA.

He has a citizen mother. Even if WKA doesn't cover children of temporary residents (and it's debatable whether it does or not), he's covered.

Again, you or I might not like it. I personally wish he hadn't gotten elected, but I am doubtful whether we would be any better off under Slow Joe Biden or not. Maybe we would.

But what you and I prefer doesn't change what US law is. And people who behave like real conservatives don't try to "change" the law by misrepresenting it or rewriting it based on the whim of the day. That's a tactic of some liberals who like to say we have a "living" Constitution.

442 posted on 04/04/2013 9:43:48 PM PDT by Jeff Winston
[ Post Reply | Private Reply | To 440 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson