Thursday, September 17, 2009

A Natural Born Citizen

Per the 14th Amendment of the Constitution of the United States, citizenship is "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United State and of the State wherein they reside."

Title 8 of the U S Code reflects the laws governing "Aliens and Nationality" http://www.access.gpo.gov/nara/cfr/waisidx_09/8cfrv1_09.html

I am quoting from the www.USConstitution.net which gives a summary of these sections and define "the people who are 'citizens of the United States at birth.'"

  • "Anyone born inside the United States*
  • Any Indian or Eskimo born in the United States, provided being a citizen of the U. S. does not impair the person's status as a citizen of a tribe
  • Any one born outside the United States, both of whose parents are citizens of the U. S., as long as one parent has lived in the U. S.
  • Any one born outside the United States, if one parent is a citizen and lived in the U. S. for at least one year and the other parent is a U. S. national
  • Any one born in a U. S. possession, if one parent is a citizen and lived in the U. S. for at least one year
  • Any one found in the U. S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
  • Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U. S. who lived in the U. S. for at least five years (with military and diplomatic service included in this time)
  • A final, historical condition: a person born before 5/24/1934 of an alien father and a U. S. citizen mother who has lived in the U. S.

* There is an exception in the law - the person must be 'subject to the jurisdiction' of the United State. This would exempt the child of a diplomat, for example, from the provision."

Read Title 8 - the link to the site is posted above.

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