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Also, a person who is a citizen from birth cannot be denaturalized (though denaturalization rarely ever occurs).
In 1940, Congress passed a law making illegitimate children born abroad to US citizen women citizens if the mother had resided in the US. However, under this law, if the child was legitimated by the foreign national father before his or her eighteenth birthday, the child would not be considered a citizen.
In 1998, the Supreme Court issued an opinion upholding the requirement that a child born out of wedlock to a US citizen woman be legitimated before his or her eighteenth birthday.
The decision was reaffirmed in the 2001 US Supreme Court decision Nguyen v. INS which held that differing requirements for out-of-wedlock children of US citizen men versus US citizen women are constitutions.
It's not JUST his birth certificate that is in question, but a lot of other documents as well, either counterfeit or missing.
Originally posted by coven
So even if Ann Dunham relinquished Baracks Citizenship... SHE COULDN'T.
Once a citizen Always a citizen.
Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:
- obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
- taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
- entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
- accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
- formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
- formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
- conviction for an act of treason (Sec. 349 (a) (7) INA). (source)
obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years
So... The only way OBAMA IS NOT a citizen... Is IF HE FILED FOR KENYAN CITIZENSHIP Before HIS 18th BIRTHDAY.
Dual nationality can also occur when a person is naturalized in a foreign state without intending to relinquish U.S. nationality and is thereafter found not to have lost U.S. citizenship: the individual consequently may possess dual nationality. (source)
I supported Obama in the Race. I supported Ron Paul in the Primaries.
Originally posted by coven
Hrmmm... Well I guess that rules out McCain as well.
Does anyone have a source for the law saying the pres has to be born on U.S. land?
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
“United States” means “the continental United States, Alaska, Hawaii, Puerto Rico,
Guam, and the Virgin Islands of the United States” (Section 101(a)(38) INA).
(38) The term "United States", except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
Originally posted by Evisscerator
reply to post by coven
While I can applaud your diligence in looking up the law, your application of it in the Obama case does not apply here. The question before the Supreme Court, yes, has to do with his citizenship, but more importantly, his birth certificate. Because the established law at the time of his birth, 1961 had its applications and restrictions, the changes later in the law, as you have quoted, do not "grandfather" 1961 law into it.
Justia> Law> US Law> US Code> TITLE 8 — ALIENS AND NATIONALITY>
CHAPTER 12 — IMMIGRATION AND NATIONALITY>
SUBCHAPTER III — NATIONALITY AND NATURALIZATION>
PART I — NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION> § 1409. —
Children born out of wedlock.
- (c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person'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.