Yes you are.
Which of these combinations requires "an application," and which do not?
No I wasn’t avoiding that question I had answered it previously in 283 but i’ll be more specific here-
none of them do provided the unwed father, a citizen, who’s partner is not a citizen, meets certain requirements- as 1409 states right off the bat, 1401 applies if conditions are met in regards to the unwed father- and that
b) Except as otherwise provided in section 405 of this Act, the provisions of section 1401(g) of this title shall apply to a child born out of wedlock
Which states:
“The following shall be nationals and citizens of the United States at birth:
1401 (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:”
(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person’s birth,
Your argument ‘seems to be’ and correct me if I’m wrong, that if a father does not meet the requirements then the child in essence would lose what the ‘Ted is an NBC’ advocates state is ‘NBC’, therefore it can’t be NBC that the child has- is this a fair assessment of your main argument?
1. 1401(g) birth in wedlock, mother is a US citizens, father is an alien
2. 1401(g) birth in wedlock, father is a US citizens, mother is an alien
Answer: 1401 (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,
4. 1409(c) birth out of wedlock, mother is a US citizen, father is an alien
Answer: 1409 (c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person’s birth,
3. 1409(a) birth out of wedlock, father is a US citizen, mother is an alien
Does the father meet the requirements of 1409? Or does he refuse to take responsibility and own up to it? 1409 is there to show there is an exception to the rule IF a father doesn’t meet the requirments