So then a child of a citizen father during that era would always be NBC.
Yet some would deny that same NBC link today.
That is exactly what the 1790 law says.
And the 1795 law says that the citizenship DESCENDS to the child from the father BY RIGHT.
“So then a child of a citizen father during that era would always be NBC.”
Citizenship is not held in perpetuity. Anyone of any age can move out of the U.S. and demand a Certificate of Loss of Naturalization from the U.S. Secretary of State. Once a Certificate of Loss of Nationality is issued, NBC status is lost forever unless:
* the person is a child under 18 and the child moves back to the U.S. to rescind their Oath of Renunciation. Only a child under 18 can move back to U.S. and rescind their Oath of Renunciation within 6 months of passing their 18th birthday.
or
* the person sues in U.S. Federal Court for a Writ of Mandamus to restore the U.S. Citizenship due to fraud or error committed by the U.S. Secretary of State when the Certificate of Loss of Nationality was issued.
In the case of Marie Elg, Perkins v. Elg, Marie had her NBC status restored by order of a U.S. Federal Court after she sought a Writ because a Certificate of Loss of Nationality had been issued to her in error. Some people cite this case to imply a Certificate of Loss of Nationality cannot be issued to minors. Not true. A minor can be issued a Certificate of Loss of Nationality, but the Secretary of State may get sued and have to restore the individual’s U.S. Citizenship and NBC status.
Obama could have chosen to rescind his Oath of Renunciation and had his NBC status restored, but he chose not to. In 1983, Obama naturalized as a U.S. Citizen which permanently destroyed his NBC status.