In 2008, when Arizona Senator John McCain ran for president on the Republican ticket, some theorized that because McCain was born in the Canal Zone, he was not actually qualified to be president. However, it should be noted that section 1403 was written to apply to a small group of people to whom section 1401 did not apply. McCain is a natural-born citizen under 8 USC 1401(c): "a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person."
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Obama's birth, his mother was only eighteen (18) and therefore did not meet the
residency requirements under the law to give her son (Obama) U.S. Citizenship. The laws in effect at the time of Obama's birth prevented U.S. Citizenship at birth of children born abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen parent was under the age of nineteen (19) at the time of the birth of the child. Obama's mother did not qualify under the law on the books to register Obama as a "natural born" citizen. Section 301(a)(7) of the Immigration and Nationality Act of June 27,1952,66 Stat. 163, 235, 8 U.S.c. §1401(b), Matter of S-F-and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att'y Gen. 1944). Obama would have only been Naturalized and a Naturalized citizen is not qualified and/or eligible to run for Office of the President. U.S. Constitution, Article II, Section Clause 4.
Furthermore, if Obama had been born in Kenya, his birth father Barack Obama, Sf. was a citizen of Kenya; therefore, Obama would have automatically become a citizen of Kenya.
In or about 1967, when Obama was approximately six (6) years old, his mother, Stanley Ann Dunham married Lolo Soetoro, a citizen of Indonesia and moved to Indonesia with Obama. At this time, if Obama was Registered as a "natural born" citizen, which he did not qualify to be registered as, he would have lost his U.S. Citizenship when his mother married Lolo Soetoro and took up residency in Indonesia. The first requirement is that naturalization must be achieved through "application." Such type of naturalization occurs, for example, when a person acquires a foreign nationality by marriage to a national of that country. Nationality Act of 1940, Section
That doesn't apply since he was born in Hawaii, right?
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Obama's birth, his mother was only eighteen (18) and therefore did not meet the
residency requirements under the law to give her son (Obama) U.S. Citizenship. The laws in effect at the time of Obama's birth prevented U.S. Citizenship at birth of children born abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen parent was under the age of nineteen (19) at the time of the birth of the child. Obama's mother did not qualify under the law on the books to register Obama as a "natural born" citizen. Section 301(a)(7) of the Immigration and Nationality Act of June 27,1952,66 Stat. 163, 235, 8 U.S.c. §1401(b), Matter of S-F-and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att'y Gen. 1944). Obama would have only been Naturalized and a Naturalized citizen is not qualified and/or eligible to run for Office of the President. U.S. Constitution, Article II, Section Clause 4.
Furthermore, if Obama had been born in Kenya, his birth father Barack Obama, Sf. was a citizen of Kenya; therefore, Obama would have automatically become a citizen of Kenya.
In or about 1967, when Obama was approximately six (6) years old, his mother, Stanley Ann Dunham married Lolo Soetoro, a citizen of Indonesia and moved to Indonesia with Obama. At this time, if Obama was Registered as a "natural born" citizen, which he did not qualify to be registered as, he would have lost his U.S. Citizenship when his mother married Lolo Soetoro and took up residency in Indonesia. The first requirement is that naturalization must be achieved through "application." Such type of naturalization occurs, for example, when a person acquires a foreign nationality by marriage to a national of that country. Nationality Act of 1940, Section
Ok, just got clarification on this. The reason why they are saying that it because they are claiming that for someone to be a US citizen, they have to live in the US for 5 years after the age of 14, meaning that since she was 18, she didn't qualify. I have yet to find that 'law' on the books, however. Can someone help me here?
For instance, my kids are US citizens. If my daughter has a baby in another country before she is 18, her baby will be a US citizen because SHE is herself one, regardless what nationality the father is.
This also causes problems for the countless numbers of children born abroad to military parents who were under the age of 19. Therefore, I don't believe this law exists.
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Even if his mother was under age, if he was born on US soil, that makes him a citizen because she also is one.
Mothers for thousands of years have been having babies under the age of 19. If this were law, there are thousands of people alive today who wouldn't be considered US citizens, myself included, since my great grandmother was born when her own mother was 16.
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I'm not - the suit filed is. As I understand it, he wasn't born on US soil, so since his mom was only 18 he wasn't a natural US citizen.
I still don't find that in the lawbooks. If it were true, there are thousands, including myself, that wouldn't be natural born citizens. I have a cousin who's mom and dad were in Portugal on their honeymoon when my cousin was born there. She was only 18. Her son is a US citizen because his parents are. It has nothing to do with her age at his birth.
Do you know where that law is at, aside from the website that cite that this particular law exists? I'm just not finding it, and in fact, I'm finding information on legit sites that contradict that claim.
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Section 301(a)(7) of the Immigration and Nationality Act of June 27,1952,66 Stat. 163, 235, 8 U.S.c. §1401(b), Matter of S-F-and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att'y Gen. 1944)
This apparently is the rule. It might be changed now, but when he was born the age was 19.
HO I believe they are saying he WAS NOT born in Hawaii so that's part of it too along with his mom only being 18.
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Section 301(a)(7) of the Immigration and Nationality Act of June 27,1952,66 Stat. 163, 235, 8 U.S.c. §1401(b), Matter of S-F-and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att'y Gen. 1944)
This apparently is the rule. It might be changed now, but when he was born the age was 19.
HO I believe they are saying he WAS NOT born in Hawaii so that's part of it too along with his mom only being 18.
Yeah, I read the allegation, but there seems to be no proof.
It would be nice if they had it though! Wouldn't that throw the Dems for a loop!
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Section 301(a)(7) of the Immigration and Nationality Act of June 27,1952,66 Stat. 163, 235, 8 U.S.c. §1401(b), Matter of S-F-and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att'y Gen. 1944)
This apparently is the rule. It might be changed now, but when he was born the age was 19.
HO I believe they are saying he WAS NOT born in Hawaii so that's part of it too along with his mom only being 18.
Still not finding this law, but did find this one that cites the section 301 you do above:
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:
Section 308 of the Immigration and Nationality Act:
Unless otherwise provided in section 301 of this title, the following shall be nationals, but not citizens of the United States at birth:
(4) A person born outside the United States and its outlying possessions of parents one of whom is an alien, and the other a national, but not 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 seven years in any continuous period of ten years -
(A) during which the national parent was not outside the United States or its outlying possessions for a continuous period of more than one year, and
(B) at least five years of which were after attaining the age of fourteen years.
The bolded part above only applies if NEITHER parent was a citizen, as you see above in number 4.
Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.
But, does this include time after the birth of the child, or only before?
I wonder is Sis. Alvear's son is considered a US citizen since she is one?
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Yeah, I read the allegation, but there seems to be no proof.
The burden of proof rests on Obama..... he has to provide the proof of his US citizenship which he has yet to furnish......Obama's the one running for President.
If I drank(I don't) and went to the convenience store to purchase liquor....the burden of proof rests on me to prove that I am of age....not on the cashier/clerk to prove that I'm not.
Philip J. Berg is saying to Obama.....show me the evidence of your US citizenship and I'll go away.
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