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To: Ready4Freddy

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.


38 posted on 10/03/2009 6:00:34 AM PDT by August West (Pink Kool Aid, Green Kool-Aid; it doesn't matter, as long as they drink it.)
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To: August West

Well now, ain’t you the young’un! (or are you the parent?)

It’s after age 14, actually, and those are the ‘new’ (1986) rules. Maya’s situation fell under the prior 1952 requirements.

I’ve always thought it ridiculous that a 16/17 yo can leave the country, have no further dealings w/ or residency in the US (an admittedly clumsy way to measure ‘allegiance’), and have a baby 10-15 years later that is eligible for birthright citizenship.


41 posted on 10/03/2009 6:56:26 AM PDT by Ready4Freddy (Everyone knows there's a difference between muslims & terrorists... no one knows what it is, though.)
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To: August West
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

But that is the current law, not the law in effect when either Maya or Barry were born. It was then 10 years and 5 after the 14th birthday. (You got that part slightly wrong, it is and was after the 14th birthday.

8 USC 1401

The following shall be nationals and citizens of the United States at birth:
...
(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:

But check the notes at the link above, one of which says:

1986—Subsec. (g). Pub. L. 99–653 substituted “five years, at least two” for “ten years, at least five”.

However that law was passed under Congress power to define a uniform rule of naturalization. So even though the law itself, 8 USC 1101, says: "The term “naturalization” means the conferring of nationality of a state upon a person after birth, by any means whatsoever.", any child whose citizenship at birth is established solely by statute, must be considered, for Constitutional purposes, to be "naturalized at birth", because that is the only power Congress has to make someone a citizen. Congress cannot re-define a Constitutional term for purposes of the Constitution.

60 posted on 10/03/2009 2:47:45 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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