Posted on 12/26/2016 1:11:43 PM PST by rosepetal81
A verified US citizen cannot be denied entry. A few more hoops to jump through to prove citizenship, but once proven entry is granted. They can’t keep a US citizen out.
You’ve nailed it.
My original comment was in the vein that if he met the legal requirements to be a US citizen, then he is one even if the paperwork had not been properly filed. Of course, that leads to all sorts of legal problems, but one shouldn’t lose their legitimate right to US citizenship because applications were not filed timely by a parent.
So much we don’t know about this case. I wonder if when he came to the US with his mother at age three if they stayed here. Since he finished HS in the US, that’s possible. But the article doesn’t say.
If they were in the US for many years and his mother had a SS# and was active in the SS system (and had provided a birth certificate for herself), he might have gotten a SS# at a fairly young age based upon that. But we can’t determine that from the information available.
My comment #42 discusses some of that.
There is so much about where the mother lived and for how long that we don’t know, that it makes it hard to conclude much of anything about some of the technicalities of the law.
> she moved to the UK at 13 and doesn’t have the two years post age 14 US residency
From the article, “She took Kingdon, at the age of three, to the U.S. on March 19, 1979 on a visitor’s visa and British passport.”
So he was born in 1976
From the law, “For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required”
His birth is within this range, five years post 14 is required. The two years post 14 requirement applies to those born on or after November 14, 1986
I’ve seen other stories about people who came to the US as young children. At some point in their teens — if they do a little paperwork — they can become official US citizens. But if they never do that paperwork, then they simply are not US citizens. But they, and their family, may just assume that they are official US citizens. It can be a rude awakening.
I’m all for law and order rather than emotional response to sad stories.
Maybe he is a KLingon!!
This guy should be considered a US citizen by birth, not a natural born citizen, but simply a citizen as transmitted from his US citizen mother. I think that’s as it should be, and if all the necessary facts can be established, he should be recognized as a citizen.
Sounds like he’s enduring a lot of problems as a result of the proper paperwork not being filed timely. And he might bear some of the blame. Just not enough facts known.
Boo hoo hoo. What you think should be is not what the law is.
This is not a paperwork issue. He does not meet the criteria for being a US citizen. He is a U.K. subject only. He should try to straighten his life out over there.
He is not citizen until his paperwork is filed and approved. There are plenty of people who are eligible for US citizenship, but don't apply for it. For example, a child born in the US to a foreign tourist is a citizen at birth. However, that citizenship is not recognized unless the person or their parents exercises the eligibility for citizenship. Say the child becomes an adult and travels to NK where he is arrested. The US has no obligation to that person in terms of diplomatic protection.
In the case of Ted Cruz, he was a Canadian citizen at birth. His mother had to apply to the USG to get his US citizenship approved.
You are right that there are too many unknowns to really understand this case. The MSM is too lazy to contact the State Department or ICE to get the details on why this person is in limbo.
Not all US citizen mothers can transmit citizenship. There are other conditions that must be met beyond the genetic or gestational connection.
Gee, he needs to contact Ted Cruz and find out how he managed US Citizenship.
The politicians kiss his ass and let he in so fast it will make his head swim....
Granted, he is more desirable than all the illegals but I can understand the glitch.
I don't think it has been established anywhere in this thread or the article precisely what all the issues are. We don't even know how long the mother lived in England, or how long she lived in the US, or how long the son lived in the US.
We know the place of birth is the UK and the citizenship of the parents is a US citizen and an alien. Therefore we know that the child starts from a position of no US citizenship and US statute permits him the possibility of gaining US citizenship. We know that in 1979 he was 3 years old and that the child was born in wedlock. Therefore we know to refer to the law applicable to foreign born children born in 1976 to a US citizen wed to an alien. The law required the US citizen parent to be resident in the US for “a period of ten years, five after the age of fourteen”. We know that at age 17 she married a UK subject and gave birth 1 year later. Therefore she was 18 when the child was born. The law does not permit the child the possibility of gaining US citizenship.
Lol, and just what is the law in this case? You don't know because we don't know several key facts about it.
People are or are not citizens based on the circumstances of their birth. And if the circumstances of their birth entitle them to US citizenship, then they are US citizens in reality. But they are not recognized as citizens until the facts are established as required by law. I believe this guy is a citizen, but I could be wrong.
de facto and de jure. The law has not yet said one way or the other whether this guy is a citizen. No legal authority has all the facts to consider and render a verdict in this case.
And you sure don't know all the facts, or what parts of the law would or would not apply.
Your US code link is useless unless we have enough known facts to relate to the code. We don’t.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.