“Permanent residence” is NOT required when there are TWO AmCit parents. the criteria is “place of general abode” (1907 Citizenship Act), “principal actual dwelling place without regard to intent”(Savorgnan v. United States). Literally, a moment of residence is all that is required........This is an anomaly that has existed in U.S. citizenship law since 1934. Unlike with ONE AmCit parent where the 10/5 or 5/2 year rule for residence or physical presence is the criteria, depending on birth year of the person.
In any event, Senator McCain is and always has been a U.S. citizen because both of his parents met the “had a residence” requirement of the 1940 Nationality Act - “.....and one of whom has ‘had a residence’.....”
Yes, I agree with you.
Today it is the US State Department that gets to determine citizenship status and they use Title 8 of the US Code, Section 1401 “Nationals and Citizens of the United States at Birth.”