Posted on 10/02/2009 9:58:24 PM PDT by Frantzie
Again, it's all there on the State Dept.'s website:
"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.
Since SAD was 27 when Maya was born in 1970, it appears Maya was eligible for U.S. citizenship at birth.
Maya was not an automatic American citizen.
But she was 99% there at birth due to having an American mother and merely had to file for naturalization at age 18 and no one gets turned down for this
If Maya had been born on US soil she would have been a US citizen at birth just like offspring of illegal aliens are (UNFORTUNATELY)
In Maya's case, perhaps so, if SAD was resident in the US for the required time (how long did she live here before heading to Indonesia?). Her US residency alone at the time of bHussein0's birth, at least, was not sufficient to convey citizenship.
The mother’s citizenship.
A common misconception, that US citizenship of one parent is in and of itself sufficient to convey citizenship to offspring. Young women who have married foreign nationals and moved to the husband's county have found out the hard way that there are further requirements.
There are more than a few children trapped in ME countries, as well as some European ones (notably Germany). State won't lift a finger to help the mothers gain custody of their kids because the kids are not US citizens.
I meant to mention - if Maya’s mom met the residency requirements, it would not result in ‘naturalization’, but the conveyance of birthright citizenship.
One doesn’t have to wait until age 18 to perfect US citizenship in the situation we’re discussing, but sometimes the other country requires that the person be 18 to renounce citizenship (if required) of that country.
I've always thought that whether or not Mr. Obama was born in Hawaii, the real point is that supposing it were true that would be a technicality. In the sense that the purpose of the constitutional "natural born citizen" provision was to seek to limit the office of POTUS to patriotic Americans -a set of which Mr. Obama has apparently never been a member.A few documents have to be submitted. Follow the link. It isn't a difficult process.I’m certainly familiar w/ FS-240, but simply being born abroad to a foreign father & American mother isn’t sufficient to convey American citizenship.
I note that you are speaking in the present tense. Much of the discussion of Obama's citizenship at birth that I've seen relates to the requirements for birth citizenship under the laws existing on the date of Obama's birth. Which were not the same as those applicable to babies born to American citizens abroad today.
Both Drew68 & I are relating the applicable requirements to the time in question (1970 for Maya), cIs. If there's any difference in our approaches, it's that Drew refers to the State Dept site and my source is the USC itself. The USC spells out the requirements at various points in time. In immigration law the important cutoffs are 11/14/86, 12/24/52, and various 'befores'.
I think the '52 requirements (10/5 after 14) were barely adequate, and the '86 revison (5/2) is ridiculously lax.
The 'befores' are interesting - most differentiated between the gender of the US citizen parent; a US citizen father passing his citizenship essentially automatically, whereas a US citizen mother abroad had far more stringent hoops to jump through.
Now I could speculate, and will, wondering at the response by Fukino providing the fact that Stanley Ann and Barack were bride and groom, but not asserting that they were parents.
Who’s older. If Barack is older, then he definitely wasn’t born in the US.
I believe Obama is older but I don’t get what you are saying.
I think you are probably right. Although this is a matter of a bit of obscurity due to the changing laws on the subject, the British law that made Obama a British colonial subject at birth may not have operated to that effect if he had been born out of wedlock to his British father.
I think the evidence is that Obama's parents WERE married (otherwise a divorce would not have been needed) and that Obama WAS a British subject at birth, and that he was not, therefore, a natural born citizen of the United States. I believe that this is the classic example is who the Framers intended to bar from the Presidency by their use of the phrase: someone who could be claimed as a national by Great Britain.
Indonesia is a birthright citizenship country, extending Indonesian citizenship only to individuals with an Indonesian father, and to ALL children born in Indonesia of an Indonesian father. Moreover, in the 1960s Indonesia didn’t recognize dual citizenship. At Maya’s birth her mother (and father) would have had to make a decision: whether to use Maya’s mother to claim US citizenship for the daughter. I suspect that they did so. Otherwise Maya would have had to go through a complete adult naturalization process, which I don’t think she needed to do.
If Maya was American at birth (through her mother) then she was an American citizen. It seems you misunderstand the concept of “naturalization”. Naturalization is the process by which a non-citizen becomes a citizen. Now if she had a claim to citizenship at birth, but did not assert that claim until she was older - that is someting entirely different.
AS long as the U.S. citizen parent has lived 5 years in the U.S. (2 after the age of 15) AND can prove it, then the kid can lay claim to U.S. citizenship. I know, I’ve done it.
Reading white on black text is a pain!
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