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To: WhiskeyX
One final point - this discussion isn't about the durability of NBC as opposed to statutory citizenship, although I agree completely with your take on the difference between the two and the potential risks to citizenship, associated with birth abroad, e.g., law changes, courts reverse, etc.

The discussion was narrowly on the operation of 8 USC 1401(g) as it stands, and even more particularly on whether or not "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" is, as a matter of law, a "citizen of the United States at birth," before that person is recognized as a 8 USC 1401(g) citizen by the government.

Is 1401(g) citizenship automatic, or conditional on applying for recognition?

There is a broader, similar question about citizenship in general. Is any citizenship automatic, or does all citizenship depend on showing suitable evidence (thinking of the person born in the US to US citizen parents, but without a BC, for example) to the government.

191 posted on 01/08/2016 3:18:43 AM PST by Cboldt
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To: Cboldt

“There is a broader, similar question about citizenship in general. Is any citizenship automatic, or does all citizenship depend on showing suitable evidence (thinking of the person born in the US to US citizen parents, but without a BC, for example) to the government.”

Citizenship. The status of being a citizen (Black, 6th ed).

Citizen. One who, under the Constitution and laws of the United States, or of a particular state, is a member of the political community, owing allegiance and being entitled to the enjoyment of full civil rights (Black, 6th ed).

Vest. To give an immediate, fixed right of present or future enjoyment.... To accrue to; to be fixed; to take effect (Black, 6th ed).

Note, citizenship grants civil rights and the protections of the political community in exchange for the duty of allegiance and subjection to the dominion of that political community. While a foreign born person may be offered the civil rights of citizenship, the foreign born person may not be obliged to accept the offer of those rights and duties associated with citizenship. The vesting of the civil rights provided by the membership in the political community represented by citizenship may be contingent upon the person performing the duties required to vest those civil rights to the satisfaction of the political community. In other words, although the civil rights associated with citizenship may be granted at birth, they may not become vested civil rights until and unless the duties required to vest those civil rights have been accomplished.


193 posted on 01/08/2016 4:06:44 AM PST by WhiskeyX
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