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To: David

I don’t think you are not correct regarding the effective date...here is the language and the cite for the 1952 act.

INA: ACT 309 - CHILDREN BORN OUT OF WEDLOCK

Sec. 309. [8 U.S.C. 1409]

(a) The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if-

(1) a blood relationship between the person and the father is established by clear and convincing evidence,

(2) the father had the nationality of the United States at the time of the person’s birth,

(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and

(4) while the person is under the age of 18 years-

(A) the person is legitimated under the law of the person’s residence or domicile,

(B) the father acknowledges paternity of the person in writing under oath, or

(C) the paternity of the person is established by adjudication of a competent court.

(b) Except as otherwise provided in section 405, the provisions of section 301(g) 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.

(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.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558dbe

http://64.233.169.104/search?q=cache:qwE8rP08QjcJ:www.usdoj.gov/eoir/vll/intdec/VOL%252023/Table%2520USC%2520-%2520Vol%252023%2520-%2520Columns.pdf+8+USCA+Sec.+1409.&hl=en&ct=clnk&cd=1&gl=us&client=firefox-a


1,998 posted on 07/06/2008 7:07:23 PM PDT by Raycpa
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To: Raycpa

Here is the 1952 act language

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(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: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(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. 302 persons born in Puerto Rico on or after April 11, 1899


2,001 posted on 07/06/2008 7:11:25 PM PDT by Raycpa
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To: Raycpa
I don’t think you are not correct regarding the effective date...here is the language and the cite for the 1952 act.

INA: ACT 309 - CHILDREN BORN OUT OF WEDLOCK

Sec. 309. [8 U.S.C. 1409]

(a) The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if-

(1) a blood relationship between the person and the father is established by clear and convincing evidence,

(2) the father had the nationality of the United States at the time of the person’s birth,

(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and

(4) while the person is under the age of 18 years-

(A) the person is legitimated under the law of the person’s residence or domicile,

(B) the father acknowledges paternity of the person in writing under oath, or

(C) the paternity of the person is established by adjudication of a competent court.

(b) Except as otherwise provided in section 405, the provisions of section 301(g) 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.

(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.

Yeah, I really think I am. Although I now find that you are the person who initially raised this so you better tell me why you don't think so.

What you have posted is Sec. 309 of the Immigration and Naturalization Act which is also codified as 8 USC Sec. 1409.

This section got enacted and amended in a number of different parts over the years so to decide when a particular provision was effective, you need to identify the provision you are looking at; find the Public Law that enacted it; and then find the effective date of that provision.

Here, I assume you recognize that the provision you might be looking at is Sec. 1409(c). Now the provisions of (c) applicable to mothers after December 23, 1952 got added by section 8 of the Immigration Technical Corrections Act of 1988 [Pub. L. 100-525], which according to the notes under 8 USC 1101 is from Section 309(b)(15) of Pub. L. 102-232 which provides that "The amendments made by section 8 of the Immigration Technical Corrections Act of 1988 [Pub. L. 100-525]shall be effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986 (Public Law 99-653)". As we all know, Public Law 99-653 was effective only with respect to persons born after November 24, 1986.

This is not an opinion with respect to any given person or set of facts or events and is set out only as a basis for analysis of the law applicable to the possible claim of lack of citizenship of Barack Obama.

If you have a different view, let me know why. This is one of the more complicated issues here and although I have looked through my prior notes and believe I am correct, I would consider any contrary analysis. I am not an immigration lawyer--I am a tax lawyer and read statutes much more complex than this but that doesn't mean I can't be wrong.

2,023 posted on 07/06/2008 8:19:10 PM PDT by David (...)
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