It's not a complete slam-dunk, but it's pretty close. Here are the rules regarding acquisition of citizenship at birth (which is considered equivalent to "natural born citizen"):
Birth Abroad to Two U.S. Citizen Parents in Wedlock: A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required. 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.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:
1) a blood relationship between the applicant and the father is established by clear and convincing evidence;
2) the father had the nationality of the United States at the time of the applicant's birth;
3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and
4) while the person is under the age of 18 years --
A) applicant is legitimated under the law of their residence or domicile,
B) father acknowledges paternity of the person in writing under oath, or
C) the paternity of the applicant is established by adjudication court.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child'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.
Thanks for that. Apparently one of Berg's arguments is that if Obama was born abroad, his mother would have been too young to confer automatic citizenship on him:
"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."
OTOH, as far as I can tell there is no credible evidence that he was born abroad. Also, if his father were indeed a bigamist, the marriage to Obama's mother would have been invalid and a birth abroad would have to follow the last rule you posted:
"A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child'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."
Essentially, in order to lose one's US citizenship while taking on another citizenship, the act of taking another citizenship must be accompanied by a formal affirmation in writing to the relevant consular officer that one wishes to give up US citizenship. Otherwise, the formal assumption is that one intends to retain US citizenship and is allowed to do so. Unless there is clear evidence that Obama formally declared in writing that he intended to give up his US citizenship, he never lost it, regardless of Indonesian claims (I think that was the country in question?) about his citizenship status. I think given his age at the time, any such declaration would not even be considered binding regardless.
Some countries do automatically strip a person of his/her citizenship if that person acquires another citizenship (Germany and Austria come to mind). Others follow the U.S. rule (Sweden, for example). But the US rules regarding multiple citizenships are absolutely clear: generally speaking, unless one actively declares that one wishes to give up US citizenship, one retains it. There are certain acts that are considered to be an automatic declaration that one wishes to give up citizenship, but they are rare and clearly not remotely applicable in this case (given the age of Obama at the time):
The premise that a person intends to retain U.S. citizenship is not applicable when the individual:
1. formally renounces U.S. citizenship before a consular officer; 2. serves in the armed forces of a foreign state engaged in hostilities with the United States; 3. takes a policy level position in a foreign state; 4. is convicted of treason; or 5. performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship. (Such cases are very rare.)
Cases in categories 2, 3, 4 and 5 will be developed carefully by U.S. consular officers to ascertain the individual's intent toward U.S. citizenship.
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It's not a complete slam-dunk, but it's pretty close. Here are the rules regarding acquisition of citizenship at birth (which is considered equivalent to "natural born citizen"):
http://travel.state.gov/law/info/info_609.html
Birth Abroad to Two U.S. Citizen Parents in Wedlock: A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required.
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.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:
1) a blood relationship between the applicant and the father is established by clear and convincing evidence;
2) the father had the nationality of the United States at the time of the applicant's birth;
3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and
4) while the person is under the age of 18 years --
A) applicant is legitimated under the law of their residence or domicile,
B) father acknowledges paternity of the person in writing under oath, or
C) the paternity of the applicant is established by adjudication court.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child'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.
Thanks for that. Apparently one of Berg's arguments is that if Obama was born abroad, his mother would have been too young to confer automatic citizenship on him:
"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."
OTOH, as far as I can tell there is no credible evidence that he was born abroad. Also, if his father were indeed a bigamist, the marriage to Obama's mother would have been invalid and a birth abroad would have to follow the last rule you posted:
"A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child'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."
It's definitely one of the more bizarre claims to have come up during the election season.
With regard to giving up citizenship, here is the relevant info from the Department of State:
http://travel.state.gov/law/citizenship/citizenship_778.html
Essentially, in order to lose one's US citizenship while taking on another citizenship, the act of taking another citizenship must be accompanied by a formal affirmation in writing to the relevant consular officer that one wishes to give up US citizenship. Otherwise, the formal assumption is that one intends to retain US citizenship and is allowed to do so. Unless there is clear evidence that Obama formally declared in writing that he intended to give up his US citizenship, he never lost it, regardless of Indonesian claims (I think that was the country in question?) about his citizenship status. I think given his age at the time, any such declaration would not even be considered binding regardless.
Some countries do automatically strip a person of his/her citizenship if that person acquires another citizenship (Germany and Austria come to mind). Others follow the U.S. rule (Sweden, for example). But the US rules regarding multiple citizenships are absolutely clear: generally speaking, unless one actively declares that one wishes to give up US citizenship, one retains it. There are certain acts that are considered to be an automatic declaration that one wishes to give up citizenship, but they are rare and clearly not remotely applicable in this case (given the age of Obama at the time):
The premise that a person intends to retain U.S. citizenship is not applicable when the individual:
1. formally renounces U.S. citizenship before a consular officer;
2. serves in the armed forces of a foreign state engaged in hostilities with the United States;
3. takes a policy level position in a foreign state;
4. is convicted of treason; or
5. performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship. (Such cases are very rare.)
Cases in categories 2, 3, 4 and 5 will be developed carefully by U.S. consular officers to ascertain the individual's intent toward U.S. citizenship.
Pages