“Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:
“A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. The mother must be genetically related to the person in order to transmit U.S. citizenship.”
There is only a one-year residency requirement at any time prior to birth for unmarried US citizen moms to pass citizenship and NO age requirements if mom is single.
SADO was only too young to pass citizenship to Barry in Kenya if she was legally married to BHO Sr. under US law and subject to five years residency after age 14. US law does not reconize bigamy or plural marriage...AND the INS docs show BHO Sr. was deported for suspected bigamy in 1964. Those FOIA INS docs are in the court record for the court to consider in deciding whether SADO was legally single and able to pass citizenship. This documentation of an out-of-wedlock birth if in Kenya would spare Barry from being an illegal alien, which would be the case if his parents were married and SADO too young to pass citizenship and Barry were never naturalized.
Immigration Act of 1952
PUBLIC LAW 414-JUNE 27, 1952
TITLE 11-NATIONALITY AND NATURALIZATION
CHAPTER 1-NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION
NATIONALS AND CITIZENS OF THE UNITED STATES AT BEIRTH
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 least 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.
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Note this is citizenship at birth. (not natural born citizenship)
If BHO, Sr. was the father and BHO, Jr. were born outside the U.S. he would not be a citizen at all, because Stanley Ann had not lived long enough in the U.S. over the age of 14 to convey citizenship to her child.
She was barely 18 at his birth, if she was 18.
Derivation of Citizenship
Acquiring US CITIZENSHIP FOR CHILDREN BORN abroad IN WEDLOCK
On/after 12/24/52 and prior to 11/14/86
One US Citizen parent and one alien parent
US Citizen physically present in U.S. 10 years, at least 5 after age 14
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Again, SAD does not qualify under the law applicable when BHO was born.
Assuming BHO, Sr. was the father.