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To: fedupjohn

a natural born citizen is a citizen naturally, as there are no alternatives.

since he has alternatives, he cannot be a natural born citizen of either country. if he were born on a US base, which is US soil, then he’d be a natural born citizen.


83 posted on 04/15/2015 10:14:35 AM PDT by sten (fighting tyranny never goes out of style)
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To: sten

“since he has alternatives, he cannot be a natural born citizen of either country. if he were born on a US base, which is US soil, then he’d be a natural born citizen.”

That is an incorrect statement. Birth abroad on a U.S. military installation or other U.S. Government installation, embassy, or consulate does not constitute birth on “US soil”. Please see:

U.S. Department of State Foreign Affairs Manual Volume 7
Consular Affairs. 7 FAM 1100 ACQUISITION AND RETENTION OF U.S. CITIZENSHIP AND NATIONALITY. 7 FAM 1110
ACQUISITION OF U.S. CITIZENSHIP BY BIRTH IN THE UNITED STATES. 7 FAM 1112 WHAT IS BIRTH “IN THE UNITED STATES”? a. INA 101(a)(38) (8 U.S.C. 1101 (a)(38)) provides that “the term ‘United States,’ when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.” [....] 7 FAM 1113 NOT INCLUDED IN THE MEANING OF “IN THE UNITED STATES” [....] c. Birth on U.S. Military Base Outside of the United States or Birth on U.S. Embassy or Consulate Premises Abroad:
(1) Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities abroad are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not born in the United States and does not acquire U.S. citizenship by reason of birth.
(2) The status of diplomatic and consular premises arises from the rules of law relating to immunity from the prescriptive and enforcement jurisdiction of the receiving State; the premises are not part of the territory of the United States of America. (See Restatement (Third) of Foreign Relations Law, Vol. 1, Sec. 466, Comment a and c (1987). See also, Persinger v. Iran, 729 F.2d 835 (D.C. Cir. 1984).


102 posted on 04/15/2015 8:17:43 PM PDT by WhiskeyX
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