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To: oneolcop; LucyT; melancholy; hoosiermama; Brown Deer
“The issue revolves around the INA of 1948 which provides that for a child of one alien and one US citizen to derive US citizenship by birth (as in anchor babies) the USC mother must have spent for 10 years continuously, five of which must have been after the age of 14 and before the age of 28.

“Since the available record reflects that Stanley Ann Dunham DOB November 29, 1942, bore and delivered Barack Hussein Obama II at age 18 on August 4, 1961, prior to her 19th birthday November 29, 1961, Barack Hussein Obama II cannot claim US citizenship by birth.”

I appreciate what you have done, but it matters whether Stanley Ann was legally single or not:

http://travel.state.gov/law/citizenship/citizenship_5199.html

“Birth Abroad to One Citizen and One Alien Parent in Wedlock:

“A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.”

“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.”

As you can see, if Stanley Ann met the out-of-wedlock condition, only one year of being “...physically present in the United States...for a continuous period of one year...” is required to transmit citizenship.

Please ask your source to reconsider given that under HI law SADO’s Feb. 2, 1961 marriage in the HI index was bigamous and thus a nullity (didn't exist).

Even if the marriage was de facto legal in HI having not been challenged (only suspected as bigamous by INS), on arrival in Kenya, the article at the top of the thread affirms a Kenya Colony vital record of one marriage for BHO Sr. prior to 1963 that being one in 1954 matching the Kezia marriage year. Thus in Kenya, BHO Sr. was already married with no vital record of divorce and in Kenya, Stanley Ann would be single in 1961 if she gave birth there...and she would have transmitted US nationality to baby Barry.

See my vanity thread for a case in the 9th Circuit where a ruling implies Barry would be NBC even if born in Kenya to a single or married mom. I disagree with the ruling, but I'm not a federal judge, of course:

“Obama cites US v Marguet-Pillado. Dicta implies Obama eligible even if born in Kenya”

http://www.freerepublic.com/focus/bloggers/2857598/posts?page=1

In support of the opinion in US v Marguet-Pillado, 9th Cir. 2011, Judge Gwin, writing for the majority in his “III Analysis” dicta, states: “No one disputes that Marguet-Pillado’s requested instruction was ‘an accurate statement of the law,’ in that it correctly stated the two circumstances in which an individual born in 1968 is a natural-born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements.”

422 posted on 07/24/2012 5:27:14 PM PDT by Seizethecarp
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To: Seizethecarp
As you can see, if Stanley Ann met the out-of-wedlock condition, only one year of being “...physically present in the United States...for a continuous period of one year...” is required to transmit citizenship. Please ask your source to reconsider given that under HI law SADO’s Feb. 2, 1961 marriage in the HI index was bigamous and thus a nullity (didn't exist).

I spoke with my INS Inspector friend. She said she hadn't thought of the bigamy angle and didn't know if the one year of continuous living in the US had to be immediately prior to the birth of the child or one year at any time during the mother's life prior. Bigamy is illegal, per se, in the US, therefore any "marriage between BHO Sr. and SAD would, per se, be null. Therefore BHO II is a bastard. But then we already knew that. I think Clinton was too, BTW.

478 posted on 07/24/2012 6:40:09 PM PDT by oneolcop (Lead, Follow or Get the Hell Out of the Way!)
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