[CedarDave]

(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person’s birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

Not sure about the last clause. Certainly his mother was in the US continuously for over one year, but not prior to his birth. The clause doesn't make that distinction so he would be a US citizen. But of course, that is not the issue, IMO. If this BC is true, he lied about where he was born and has spent a large amount of money to cover it up.

[CedarDave]

Should have given the link to my post:

§ 1409. Children born out of wedlock

[RummyChick]

Yes, you might be able to look into what is required under that one year clause in other situtions. For her the only thing would be 1 year right before birth because she qualifies under any other scenario. You would have to find some case law interpreting it.

assume that BC is real.

You can use the fact that Sr claimed they were married in the eyes of Kenyan law as proof there was a tribal marriage.

Then you can loop back around to the born of a marriage law....and Jr. would not be a US citizen.

The only proof that they were married in a tribal marriage may be by that BC. Kenya did not recognize a mix of statutatory and customary marriages.

Of course, Jr can claim Daddy thought they were legally married in Hawaii even if they weren’t..to which you respond....he knew he was already married and he had to claim he wasn’t to get that marriage license

I don’t think they were married in Hawaii but that is just a wild guess.

In any event, I think his presidency is destroyed if Born in Kenya..even if they allow him to stay in...

[bgill]

And she wasn’t of age to pass on her US citizenship.