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#1
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On Feb 19, 6:01 pm, "David Eduardo" wrote:
"dxAce" wrote in message ... David Eduardo wrote: "Steve" wrote in message groups.com... We've seen him confused now about his own job title, A typo is not confusing to me. Apparently it is to you his ethnicity Ethnically, I am Irish and Celt. There is no confusion there. and now the citizenship of his daughter She is a born dual national, who never exercised her rights to American citizenship. Not exercising a right is not the same as not having it. Then why were you insisting that she had dual citizenship? By US law, and even by the information posted by a knowledgeable poster this morning, she does. She chose, however, not to use it Under the laws of her country, she is only Ecuadorian; apparently the US system sees it differently.- Hide quoted text - - Show quoted text - DE, Q # 1. First - Was her Mother also an American ? - - - Usually -if- noth Parents are Native Born Americans {Physically Born in the USA} - You Are An "America-by-Birth-Right". Example - As Lee Harvey Oswald's life illustrates the US Government generally 'views' Native-Born-Americans as Americans-for-Life. Q # 2. Or - Was her Mother 'other-than' an American ? Q # 2a Is she now over the Age of 21 Years ? IIRC -if- she 'never' exercised the Privilege-of-America-Citizenship before or upon turning the Age of 21 years - - - She may have 'lost' that "Privilege" {Option}. the law is a complicated thing . . . which naturally confuses me ~ RHF http://www.subgenius.com/ http://en.wikipedia.org/wiki/Church_of_the_SubGenius |
#2
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![]() "RHF" wrote in message ups.com... Q # 1. First - Was her Mother also an American ? - - - Usually -if- noth Parents are Native Born Americans {Physically Born in the USA} - You Are An "America-by-Birth-Right". Example - As Lee Harvey Oswald's life illustrates the US Government generally 'views' Native-Born-Americans as Americans-for-Life. Her mother is Ecuadorian. Under US law, she was a dual national at birth. By Ecuadorian law, she was not a citizen of any country until age 18, when she became Ecuadorian. Obviously, each country has different laws or rules. That's what makes this interesting beyond the personal aspect. Q # 2. Or - Was her Mother 'other-than' an American ? Ecuadorian. Q # 2a Is she now over the Age of 21 Years ? Read the thread. She was born in the mid-60's. IIRC -if- she 'never' exercised the Privilege-of-America-Citizenship before or upon turning the Age of 21 years - - - She may have 'lost' that "Privilege" {Option}. Majority in ecuador is 18, not 21. And under local law in the naiton where she lives, getting an Ecuadrian passport required an "acta" certifying she renounced any other citizenship. Since she has not tried to live in the US or become a citizen, I don't know what the outcome would be were she to try to recover her US citizenship of birth. the law is a complicated thing . . . which naturally confuses me ~ RHF It confuses all of us in this case, as the laws of two nations are not the same. |
#3
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On Feb 19, 10:22 pm, "RHF" wrote:
On Feb 19, 6:01 pm, "David Eduardo" wrote: "dxAce" wrote in message ... David Eduardo wrote: "Steve" wrote in message groups.com... We've seen him confused now about his own job title, A typo is not confusing to me. Apparently it is to you his ethnicity Ethnically, I am Irish and Celt. There is no confusion there. and now the citizenship of his daughter She is a born dual national, who never exercised her rights to American citizenship. Not exercising a right is not the same as not having it. Then why were you insisting that she had dual citizenship? By US law, and even by the information posted by a knowledgeable poster this morning, she does. She chose, however, not to use it Under the laws of her country, she is only Ecuadorian; apparently the US system sees it differently.- Hide quoted text - - Show quoted text - DE, Q # 1. First - Was her Mother also an American ? - - - Usually -if- noth Parents are Native Born Americans {Physically Born in the USA} - You Are An "America-by-Birth-Right". That's true as long as at least one of the parents has resided in the US at some time in their lives. When only one parent is a US citizen, then the requirements for passing citizenship to the child vary depending on whether the parents were married at the time of the birth, as well as how much physical presence the US citizen parent had, in the US, prior to the birth. The required amount of physical presence has changed over the years. It should be noted that IF the requirements for citizenship are met, then the child is automatically a US citizen from birth. It's not an option that they can choose to take if they wish. Q # 2. Or - Was her Mother 'other-than' an American ? Q # 2a Is she now over the Age of 21 Years ? IIRC -if- she 'never' exercised the Privilege-of-America-Citizenship before or upon turning the Age of 21 years - - - She may have 'lost' that "Privilege" {Option}. There is no requirement to exercise US citizenship by the age of 21 in order to keep it. There was, prior to 1978, a requirement for a US citizen born abroad of US parentage to move to the US and live there for at least five years by age 28, in order to preserve their US citizenship. But that law was repealed in 1978. It wouldn't have affected anyone who didn't reach their 28th birthday by then. |
#4
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![]() wrote in message oups.com... On Feb 19, 10:22 pm, "RHF" wrote: It should be noted that IF the requirements for citizenship are met, then the child is automatically a US citizen from birth. It's not an option that they can choose to take if they wish. It is, in Ecuador. Or, at least, questionable. In the 70's and 80's, upon becoming a citizen at 18, the age of majority, any "dual national" (a concept not then recognized there) had to sign an act by which they renounced any other allegiances. Given that "swearing an oath" to another naiton or "renouncing" U.S. citizenship were even prohibited in the introduction to each US passport at the time, there is weven a grey area in US law (it is still, in modified form, parts 2 and 4 of "Loss of Citizenship" in my 1997 passport). As mentioned, many Latin American countries consider children to age 18 to be nationals but not citizens. Citizenship is generally conferred at the age of majority, usually 18. Q # 2. Or - Was her Mother 'other-than' an American ? Q # 2a Is she now over the Age of 21 Years ? IIRC -if- she 'never' exercised the Privilege-of-America-Citizenship before or upon turning the Age of 21 years - - - She may have 'lost' that "Privilege" {Option}. There is no requirement to exercise US citizenship by the age of 21 in order to keep it. The age of majority in Ecuador is 18, and to become a citizen (which one is not up to 18, no matter who the parents are) one had to renounce all other allegiances, as I said above. Such constitutes both an oath to Ecuador and a renunciation of other citizenships... While US law may be more tolerant, Ecuadorian law at the time was not. Thus, we have a dichotomy: The US may consider the person a citizen and a dual national , while Ecuador does not. This may be an example of how one nation allows dual nationals and another does not... for the same person! There was, prior to 1978, a requirement for a US citizen born abroad of US parentage to move to the US and live there for at least five years by age 28, in order to preserve their US citizenship. But that law was repealed in 1978. It wouldn't have affected anyone who didn't reach their 28th birthday by then. |
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