Can you PLEASE, pretty please, express what you mean by "must apply after birth" as you used that phrase a couple days ago? In context, it (the verb "to apply") reads like an action that is taken by the parents (or the child), making an application to the US government, for example, to the State Department or a consular office.
This is what you said:
1409 has only to do with a child of a foreign mother, who resides with a father- they are the ones who must apply after birth- at birth and by birth do not-
You are the one who introduced 1409, using a misleading CRS restatement of the Nguyen case as authority for the proposition that in certain cases, birth abroad is equivalent to birth on US soil.
You obviously don't understand my explanation of why the CRS restatement is misleading, or my restatement of what the Nguyen case actually says and stands for. But never mind that.
I want to understand what that blockquote sentence of yours means. "they are the ones who must apply after birth- at birth and by birth do not-" describes two different groups. I don't want an explanation WHY one group has to "apply" (whatever that is) and the other does not. I only want to know, precisely, who the "they's" are, and what is "must apply after birth."
If the conditions of 1409 are met, the child is under 1401 as per the following
a): The provisions of paragraphs (c), (d), (e), and (g) of section 1401 of this title, shall apply as of the date of birth to a person born out of wedlock if— If not, and if the child’s mother is not a citizen, the child born off soil
So, In the case of this exception to 1401, in cases of unwed parents, The father must meet the requirmeents outlined in 1409 and the child will be considered as having met the requirements of 1401 g) IF not, the child will have to be naturalized if a parent wishes for the child to be a naturalized citizen,
(b) Except as otherwise provided in section 405 of this Act, the provisions of section 1401(g) of this title shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
If the unwed father isn’t a national, the mother isn’t a citizen, and the father hasn’t met the requirements under 1409, he will have to go through a process before the child can become a naturalized citizen is how I read 1409- IF the mother is a citizen, I listed the rule already- the child shall be considered just sanguinis citizen per 1401 g)
Like I said in last post- We’re getting bogged down here- If you don’t mind, I would like to see how your conversation with unlearned works out the issues you both are bringing up which are important issue I believe which will shed further light on our conversation- You brought up a good point about an Alaskan being ‘granted NBC by congressional act’ That is a line I hadn’t considered before- and I think might possibly weigh heavily into the issue-