Mass confusion of Citizenship Rules: Obama is Legit, page 7

Originally posted by irishgrl

Its my understanding that Hawaii has rules of its own allowing a person to claim birth in Hawaii, even it actually born elsewhere, as long as certain conditions are met. to wit:

Hawaii Revised Statute 338-178 allows registration of birth in Hawaii for a child that was born outside of Hawaii to parents who, for a year preceding the child’s birth, claimed Hawaii as their place of residence.

Since Hawaii issues “Certificates of Live Birth” to children not born in Hawaii and “Birth Certificates” to children who are born in Hawaii, the only way to know where Senator Obama was actually born is to view Senator Obama’s original birth certificate from 1961 that shows the name of the hospital and the name and signature of the doctor that delivered him.

however I also found this:

(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: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person
(A) honorably serving with the Armed Forces of the United States, or
(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;

If she gave birth to Obama at 16, and spent at least 5 years in the States, (2 after the age of 14) then she is a citizen, and so is her child, apparently, regardless of where he/she was born or the status of his/her legitimacy...If I understand this correctly...

1. It's not a "certificate of live birth" issued in this situation, it's an actual birth certificate. Both the birth certificate issued this way, and the certificate Obama has shown which is extracted from it, will be issued by Hawaii, but will show the actual place of birth.

So the fact that the certificate we have seen gives the place of birth as Hawaii is proof Obama was born in Hawaii.

[§338-17.8] Certificates for children born out of State.

(a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.

2. As , unbeknown to Obama's mother, his father was still married when he married her, their marriage was not legal. Therefore different rules apply and Obama's mother only had to have been a US citizen and resided in America for one year to pass on US citizenship to her baby.

So Obama was born a US citizen, even if he was born on Krypton.

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.

Besides, Obama's mother was nearly 18 when she had him, not 16.

Mod Edit: Fixed quote tags.

[edit on 2-12-2008 by GAOTU789]