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To: Sherman Logan
If Ms. Dunham, a natural-born citizen, is his mother, then he is a citizen, regardless of where he was born.

Not true. Under the law as it existed in 1961, if Stanley Ann was married to BHO Sr, and if BHO Jr. was not born in the US, then BHO Jr. was not a US Citizen at birth. The could have been naturalized later of course, but then he would not then be "natural born" by anyone's definition.

However if Stanley and and BHO Sr were not married, and BHO Jr was born overseas, or of course in the US, then BHO was a citizen at birth. If born in the US and BHO Sr. acknowledged paternity, as by being married to the mother, or otherwise, then BHO Jr is not "Natural born", because one of his parents was not a Citizen at the time of his birth. Only if someone else is the acknowledged sperm donor might BHO Jr have been natural born. That is having two US citizen parents and being born on territory under US sovereignty.

140 posted on 08/08/2009 11:21:23 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

I’d like to see a reference to US law in 1961 that the child of a US citizen and a foreign citizen is not born a US citizen. I suspect this is inaccurate.


145 posted on 08/08/2009 11:35:08 PM PDT by Sherman Logan ("The price of freedom is the toleration of imperfections." Thomas Sowell)
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To: El Gato
“Acquisition of U.S. Citizenship By a Child Born Abroad

Birth Abroad to Two U.S. Citizen Parents in Wedlock: A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required.
Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1) a blood relationship between the applicant 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 applicant's birth;

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

4) while the person is under the age of 18 years —

A) applicant is legitimated under the law of their residence or domicile,

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

C) the paternity of the applicant is established by adjudication court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child'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.

1997

American Citizens Services”

http://travel.state.gov/law/info/info_609.html

Sorry gato, you are not exactly on target with your analysis.

159 posted on 08/08/2009 11:53:19 PM PDT by Kansas58
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