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To: woodpusher

“Nothing.”
__________

Not for “nothing”, but you could have stopped right there, for all I read further (which is nithing).

You clearly subscribe to the Levin definition of NBC: Any child born anywhere in the world born to at least one citizen parent.

Whereas that is nothing more than more or less the most liberal criteria for becoming a naturalized citizen (after jumping through a hoop or two or three).

I’d say try again, but the likelihood of us having a fruitful dialogue on this topic seems slim.


112 posted on 07/22/2021 2:03:34 AM PDT by one guy in new jersey
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To: one guy in new jersey
You clearly subscribe to the Levin definition of NBC: Any child born anywhere in the world born to at least one citizen parent.

I have not seen the Levin definition. If it is as you state it, it is manifestly wrong and I do not subscribe to it. It may be that you have misstated his definition; I do not know, nor do I care about the Levin definition.

All persons born within the territory and jurisdiction of the United States, and subject to its jurisdiction, i.e., subject to its laws, regardless of parentage, are born citizens of the United States, pursuant to the black letter text of the 14th Amendment. The child of two illegal aliens, both in a detention center awaiting deportation, if born in the United States, is born a citizen thereof. There are no parentage exceptions in the language of the 14th Amendment other than having a parent who enjoyed immunity at the time of birth of the child, and the Congressional debates on the passage of the Amendment made explicitly clear that no exception was intended other than that resulting from a parent with immunity from our laws, such as an accredited diplomat. Accredited diplomats do not include consular officials. Those who are immune include accredited diplomats and visiting royalty.

All persons not falling within the 14th Amendment citizenship provision have their claim to birthright citizenship regulated by the applicable Federal law at the time of their birth. The applicable law may differ by location of birth.

Not all persons with one citizen parent automatically become citizens at birth. The Federal law typically provides additional requirements.

See 8 U.S.C. §1431; in effect on July 22, 2021.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1431&num=0&edition=prelim

§1431. Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired

(a) In general

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

(b) Adoption

Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 1101(b)(1) of this title.

(c) Children of military and Federal Government personnel residing abroad

Subsection (a)(3) is deemed satisfied in the case of a child who is lawfully admitted for permanent residence in the United States if-

(1) the child is residing in the legal and physical custody of a citizen parent who is-

(A) stationed and residing abroad as an employee of the Government of the United States; or

(B) residing abroad in marital union with an employee of the Government of the United States who is stationed abroad; or

(2) the child is-

(A) residing in the legal and physical custody of a citizen parent who is-

(i) stationed and residing abroad as a member of the Armed Forces of the United States; or

(ii) authorized to accompany and reside abroad with a member of the Armed Forces of the United States pursuant to the member's official orders, and is so accompanying and residing abroad with the member in marital union; and

(B) authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member.

(d) Name and birth date

A Certificate of Citizenship or other Federal document issued or requested to be amended under this section shall reflect the child's name and date of birth as indicated on a State court order, birth certificate, certificate of foreign birth, certificate of birth abroad, or similar State vital records document issued by the child's State of residence in the United States after the child has been adopted or readopted in that State.

See 8 U.S.C. §1433, as in effect in effect on July 22, 2021.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1433&num=0&edition=prelim

§1433. Children born and residing outside the United States; conditions for acquiring certificate of citizenship

(a) Application by citizen parents; requirements

A parent who is a citizen of the United States (or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian) may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 1431 of this title. The Attorney General shall issue a certificate of citizenship to such applicant upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled:

(1) At least one parent (or, at the time of his or her death, was) is1 a citizen of the United States, whether by birth or naturalization.

(2) The United States citizen parent-

(A) has (or, at the time of his or her death, had) been 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; or

(B) has (or, at the time of his or her death, had) a citizen parent who has been 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.

(3) The child is under the age of eighteen years.

(4) The child is residing outside of the United States in the legal and physical custody of the applicant (or, if the citizen parent is deceased, an individual who does not object to the application).

(5) The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.

(b) Attainment of citizenship status; receipt of certificate

Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 1448(a) of this title, upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of citizenship.

(c) Adopted children

Subsections (a) and (b) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 1101(b)(1) of this title.

(d) Children of Armed Forces members

In the case of a child of a member of the Armed Forces of the United States who is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member-

(1) any period of time during which the member of the Armed Forces is residing abroad pursuant to official orders shall be treated, for purposes of subsection (a)(2)(A), as physical presence in the United States;

(2) subsection (a)(5) shall not apply; and

(3) the oath of allegiance described in subsection (b) may be subscribed to abroad pursuant to section 1443a of this title.

That is current law. In each individual case, it is necessary to determine the applicable aw in effect at the specific time of birth.

115 posted on 07/23/2021 2:33:35 AM PDT by woodpusher
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