7 FAM 1118 FOUNDLINGS
(CT:CON-314; 08-21-2009)
a. Under INA 301(f) (8 U.S.C. 1401(f)) (formerly Section 301(a)(6)) INA), a
child of unknown parents is conclusively presumed to be a U.S. citizen if
found in the United States when under 5 years of age, unless foreign
birth is established before the child reaches age 21.
b. Under Section 201(f) of the Nationality Act of 1940, a child of unknown
parents, found in the United States, was presumed to have been a U.S.
citizen at birth until shown not to have been born in the United States no
matter at what age this might have been demonstrated.
c. See 7 FAM 1100 Appendix B (under development) for guidance about
evidence of citizenship of foundlings.
Van Irion is not disputing that Obama is a US citizen, he is in fact even stipulating that fact.
Van Irion is stating that Obama is not a natural-born citizen.