Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Bob434
You are just a ball of confusion. Good luck to you.

Oh, I will continue to call you out when you post falsehood and I see it.

258 posted on 02/06/2016 11:09:43 AM PST by Cboldt
[ Post Reply | Private Reply | To 253 | View Replies ]


To: Cboldt

further down I nthe same caser it is stated

[[Without an initial point of contact with the child by a father who knows the child is his own, there is no opportunity for father and child to begin a relationship. Section 1409 takes the unremarkable step of ensuring that such an opportunity, inherent in the event of birth as to the mother-child relationship, exists between father and child before citizenship is conferred upon the latter. ]]

This indicates citizenship is conferred by birth- he mother is not required to meet the same conditions that a father is in unwed cases-

[[Congress is well within its authority in refusing, absent proof of at least the opportunity for the development of a relationship between citizen parent and child,]]

‘Absent proof’ That is the condition they are bound by when deciding whether a person is a citizen or not o whether a person should be naturalized- It seems to me the case laws out the fact that there is a bond between mother and child, and a DNA connection that is a given, that isn’t present in a father ‘except through tests’ - hence the need for the addition of 1409 and the requirements therein regarding children who reside with unwed fathers - the following seems particularly relevant, and the last sentence seems ot be the whole crux of the Nguyen case, and whether citizenship does or does not pas from citizen mother to child

[[If citizenship is to be conferred by the unwitting means petitioners urge, so that its acquisition abroad bears little relation to the realities of the child’s own ties and allegiances, it is for Congress, not this Court, to make that determination. Congress has not taken that path but has instead chosen, by means of §1409, to ensure in the case of father and child the opportunity for a relationship to develop, an opportunity which the event of birth itself provides for the mother and child. ]]

[[Although the above discussion should illustrate that, contrary to petitioners’ assertions, §1409 addresses an undeniable difference in the circumstance of the parents at the time a child is born,]]

[[The general requirement for acquisition of citizenship by a child born outside the United States and its outlying possessions and to parents who are married, one of whom is a citizen and the other of whom is an alien, is set forth in 8 U. S. C. §1401(g). The statute provides that the child is also a citizen if, before the birth, the citizen parent had been physically present in the United States for a total of five years, at least two of which were after the parent turned 14 years of age. ]]

[[The following shall be nationals and citizens of the United States at birth:

(g) 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 five years, at least two of which were after attaining the age of fourteen years:

(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.]]

There is no naturalization process that takes place, these people are considered citizens

-——[[Oh, I will continue to call you out when you post falsehood and I see it.]]————

Mmm yes, you do that- I’ve explained the situation to you- if you insist on falsely accusing me from here on out, then whatever- I can’t force you to respond in a mature manner


261 posted on 02/06/2016 11:40:20 AM PST by Bob434
[ Post Reply | Private Reply | To 258 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson