The naturalization process, conducted by the federal government under the auspices of the Secretary of State, could have been simply ignored into limbo as you suggest.
Thanks for your personal account
Like I said to the Missus when I read my reply out loud to her...
Assume you were speading down the highway and were pulled over by the hiway patrol. The officer issues the ticket like one would expect with the admonitions that accompany it. Up to here we are going with what one would expect.
Now, continue the assumption with a modification to what happens next. The officer just files away his book of tickets on returning to the station. Nothing else, just files it away in a box or whatever. No one else sees it, reads it or even gets to act on it. Oh, maybe someone finds it or otherwise acquires it and uses the info in it to prepare statistics and such but it never goes on to generate court action for fines and all.
Back to you in the car, you forget or decide to ignore it. What will happen? Nothing.
The INS seems to require JQ Public just do as told. Otherwise we wouldn’t have such a problem with aliens here in the USA that have just skipped out on whatever they should do to leave the country, extend their visas, or whatever. In all likelihood she could ignore what she was told and who would know?
To directly answer your question, my folks had to follow up on my brother’s paperwork. I was only in the second grade at the time and, being a typical boy, only interested in the moment. My mom told me details later in life as I followed up on our family tree regarding my baby brother. She dug up the paperwork to show me and they did have to do it themselves. There was no outside prompting that it be done.
So, if it wasn’t done for ‘O’, he would actually still be a native of Kenya—assuming he was actually born there. However, due to the laws of HI as we know them to exist in the ‘60s, anyone from any country could apply for and receive HI residency and subsequent US citizenship at the time he (Obama) was born.
You know, I hate to think that that might be the flaw in this whole mess. Maybe someone needs to look at the HI territorial to statehood laws and all to determine whether such could happen? Could a resident at that time become NBC simply by being a resident or being declared born there? Is there a law that should have been cut out but was overlooked and affects this?
Scary thought!
The naturalization process, conducted by the federal government under the auspices of the Secretary of State, could have been simply ignored into limbo as you suggest.
Thanks for your personal account
Articles at The Daily Pen have claimed that the LOCATION OF BIRTH field on Hawaii birth certificates was based on the residency of the mother. As far as I can tell this is not true. Residency of the mother was used by the CDC to sort and calculate their statistics but that was all done internally by the CDC and had no impact on how the hospitals and/or HDOH filled in the data on the actual BC’s.
As far as I know there are no rules or laws in Hawaii that allow someone born in a different state or country to get a BC that falsely lists the place of birth as Hawaii. Not even for foreign-born children who are adopted in the US. Through lying and/or HDOH corruption this could happen, but not legally. For instance, late birth certificates including Certificates of Hawaiian Birth could be issued if the Lt Gov (?) was “convinced” by the evidence presented, so a corrupt official had the discretion to create BC’s at will. But those late BC’s have to be marked as DELAYED, the COHB’s are a different form and COLB’s can’t be made from them, and neither are prima facie evidence.
Later on, in 1982, a law was added to allow those born outside the state to get a HI BC if their parents while living outside the state had actually declared HI to be their residence for at least a year before the birth. Nowhere does it say that “Hawaii BC” means a BC saying that Hawaii was the birthplace. But having that provision makes a way for corrupt officials to accept lies about a birthplace, depending on the documentation that was or wasn’t required to prove the claim for the birth place.