Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: EternalVigilance
That Act required that a child born to an American outside the country would, at the attainment of 18 years of age, be required to swear a loyalty oath to the United States.

Funny, I just went through the entire act, and it does not contain any such requirement.

16 posted on 01/09/2016 8:42:15 PM PST by CA Conservative (Texan by birth, Californian by circumstance)
[ Post Reply | Private Reply | To 9 | View Replies ]


To: CA Conservative

The 1952 Act?


21 posted on 01/09/2016 8:55:14 PM PST by EternalVigilance
[ Post Reply | Private Reply | To 16 | View Replies ]

To: CA Conservative

Well, there were certainly some requirements.

From the Immigration and Naturalization Service’s website:

“Until the Act of October 10, 1978, persons who had acquired U.S. citizenship through birth outside of the United States to one U.S. citizen parent had to meet certain physical presence requirements to retain their citizenship. This legislation eliminated retention requirements for persons who were born after October 10, 1952. There may be cases where a person who was born before that date, and therefore subject to the retention requirements, may have failed to retain citizenship.�‹ [4] “

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html


26 posted on 01/09/2016 9:04:30 PM PST by EternalVigilance
[ Post Reply | Private Reply | To 16 | View Replies ]

To: CA Conservative

D. Application for Certificate of Citizenship (�‹Form N-600�‹)�‹

�‹

A person �‹born abroad �‹who �‹acquires�‹ �‹U.S. �‹citizenship �‹at birth �‹is not required to file an Application for Certificate of Citizenship (�‹Form N-600�‹). A person who seeks documentation of such status, however, must submit an application to obtain a Certificate of Citizenship from USCIS. A person may also apply for a U.S. Passport with the Department of State to serve as evidence of his or her U.S. citizenship�‹.�‹ [14]

�‹

A person who is at least 18 years of age may submit the Application for Certificate of Citizenship on his or her own behalf. If the application is for a child who has not reached 18 years of age, the child’s �‹U.S.�‹ citizen �‹parent or �‹legal guardian must submit the application.�‹ [15]

�‹

USCIS will issue a proof of U.S. citizenship in the form of a Certificate of Citizenship if the Application for Certificate of Citizenship is approved and the person takes the Oath of Allegiance, if required to do so.�‹ [16]

�‹
E. Citizenship Interview and Waiver�‹

�‹

In general, an applicant must appear in person for an interview before a USCIS officer after filing an Application for Certificate of Citizenship. This includes the �‹U.S.�‹ citizen parent or�‹ legal �‹guardian�‹ if the application is filed on behalf of a child under 18 years of age.�‹ [17] USCIS, however, may waive the interview requirement if all the required documentation necessary to establish the applicant’s eligibility is already included in USCIS administrative records�‹,�‹ or if the �‹application is accompanied by one of the following:�‹

�‹

•Department of State Form FS�‹-�‹240 (�‹Consular �‹Report of Birth Abroad of a �‹U.S. �‹Citizen�‹)�‹;�‹
�‹

•A�‹pplicant’s �‹unexpired U�‹.S. Passport �‹issued initially for a full five�‹ or �‹ten-year period�‹;�‹ or�‹
�‹

•Certificate of N�‹aturalization of the �‹applicant’s parent�‹ or parents�‹.�‹ [18]

�‹
F. Decision and Oath of Allegiance�‹

�‹
1. Approval of Application, Oath of Allegiance, and Waiver for Children under 14 Years of Age �‹

�‹

If an officer approves the Application for Certificate of Citizenship, USCIS administers the Oath of Allegiance before issuing a Certificate of Citizenship.�‹ [19]

�‹

However, the INA permits USCIS to waive the taking of the Oath of Allegiance if USCIS determines the person is unable to understand its meaning.�‹ [20] USCIS has determined that children under the age of 14 are generally unable to understand the meaning of the oath. �‹

�‹

Accordingly, USCIS waives the oath requirement for a child younger than 14 years of age. If USCIS waives the oath requirement, USCIS issues a Certificate of Citizenship after the officer approves the application.�‹

�‹
2. Denial of Application�‹

�‹

If an officer denies the Certificate of Citizenship application, the officer must notify the applicant in writing of the reasons for denial and include information on the right to appeal in the notice.�‹ [21] An applicant may file an appeal within 30 calendar days after service of the decision (33 days if the decision was mailed).�‹

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html


77 posted on 01/10/2016 12:00:59 AM PST by EternalVigilance
[ Post Reply | Private Reply | To 16 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson