“But, that’s not the statute we have, is it?”
Of course it is. As I have posed so many times previously, here are the relevant statutes and the U.S. State Department Manual explicitly stating it is so.
66 Stat. Public Law 414 - June 27, 1952
TITLE III - NATIONALITY AND NATURALIZATION
Chapter 1 - Nationality at Birth and by Collective Naturalization
NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH
Sec. 301. (a) The following shall be nationals and citizens of the United States at birth; . . .
(7) 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 ten years, at lest five 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 by such citizen parent may be included in computing the physical presence requirements of this paragraph.
The equivalent present day statute is:
U.S. Code: Title 8 - ALIENS AND NATIONALITY. Chapter 12 - IMMIGRATION AND NATIONALITY. Subchapter III - NATIONALITY AND NATURALIZATION. Part I - Nationality at Birth and Collective Naturalization. § 1401 - Nationals and citizens of United States at birth: The following shall be nationals and citizens of the United States at birth: ... (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.
U.S. Department of State Foreign Affairs Manual Volume 7
Consular Affairs. 7 FAM 1151 INTRODUCTION... b. 8 U.S.C. 1101(a)(23); INA 101(a)(23)) defines naturalization as the conferring of nationality of a state upon a person after birth by any means whatsoever. . . For the purposes of this subchapter naturalization includes:... (5) “Automatic†acquisition of U.S. citizenship after birth, a form of naturalization by certain children born abroad to U.S. citizen parents or children adopted abroad by U.S. citizen parents.
Sec. 301. (a) The following shall be nationals and citizens of the United States at birth; . . .
(7) 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 ten years, at lest five 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 by such citizen parent may be included in computing the physical presence requirements of this paragraph.
and...
U.S. Code: Title 8 - ALIENS AND NATIONALITY. Chapter 12 - IMMIGRATION AND NATIONALITY. Subchapter III - NATIONALITY AND NATURALIZATION. Part I - Nationality at Birth and Collective Naturalization. § 1401 - Nationals and citizens of United States at birth: The following shall be nationals and citizens of the United States at birth: ... (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.
and...
U.S. Department of State Foreign Affairs Manual Volume 7 Consular Affairs. 7 FAM 1151 INTRODUCTION... b. 8 U.S.C. 1101(a)(23); INA 101(a)(23)) defines naturalization as the conferring of nationality of a state upon a person after birth by any means whatsoever. . . For the purposes of this subchapter naturalization includes:... (5) “Automatic†acquisition of U.S. citizenship after birth, a form of naturalization by certain children born abroad to U.S. citizen parents or children adopted abroad by U.S. citizen parents.
No person who acquires citizenship AT BIRTH is naturalized.
You may be hanging your hat on a very short peg with this reference:
For the purposes of this subchapter naturalization includes:... (5) “Automatic†acquisition of U.S. citizenship after birth, a form of naturalization by certain children born abroad to U.S. citizen parents or children adopted abroad by U.S. citizen parents.
Please note that what is describe here is a special circumstance whereby citizenship is conferred AFTER birth by naturalization to 'certain' children. This is not the usual rule or process.
The Foreign Affairs manual also says the following.
7 FAM 1131.6-3 Not Citizens by “Naturalization”
(CT:CON-479; 08-19-2013)
Section 101(a)(23) INA (8 U.S.C. 1101(a)(23)) provides that the term “naturalization” means “the conferring of nationality of a state upon a person after birth, by any means whatsoever.” Persons who acquire U.S. citizenship at birth by birth abroad to a U.S. citizen parent or parents who meet the applicable statutory transmission requirements are not considered citizens by naturalization.