Originally Posted by Newman
The U.S. Law in effect during Mr. Obama’s birth stated if you are born abroad to one U.S. parent and a foreign national, the U.S. parent must have resided in the United States for ten (10) years, five (5) of which were after the age of Fourteen (14) in order to register the child’s birth abroad in the United States as a "natural born" U.S. citizen, under the Nationality Act of 1940, revised June 1952, United States of America v. Cervantes-Nava, 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998), United States v. Gomez-Orozco, 188 F.3d 422, 426-27 (7th Cir. 1999), Scales v. Immigration and Naturalization Service 232 F.3d 1159 (9th Cir. 2000), Solis-Espinoza v. Gonzales 401 F.3d 1090 (9th Cir. 2005).
Under the Nationality Act of 1940, revised June 1952, is the law that applies to a birth abroad and is in effect at the time of birth, MarquezMarquez a/k/a Moreno v. Gonzales 455 F. 3d 548 (5th Cir. 2006), Runnett v. Shultz, 901 F.2d 782, 783 (9th Cir.1990) (holding that "the applicable law for transmitting citizenship to a child born abroad when one parent is a U.S. citizen is the statute that was in effect at the time of the child’s birth").
Stanley Ann Dunham, Mr. Barry Soetoro’s mother, was only 18 when she gave birth to Barack Hussein Obama, Jr. She was not old enough to register Obama’s birth in Hawaii or anywhere else as a United States "natural born" citizen as she did not meet the residency requirements pursuant to our United States Laws; as such it does not matter that this is a minor technicality, the law is applied regardless -- see United States of America v. Cervantes-Nava, 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998).
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