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Old February 20th 07, 03:22 AM posted to rec.radio.shortwave
RHF RHF is offline
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Default David Eduardo - A Recent Conversation

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
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Old February 20th 07, 05:06 AM posted to rec.radio.shortwave
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Default David Eduardo - A Recent Conversation


"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.


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Old February 20th 07, 12:11 PM posted to rec.radio.shortwave
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Default David Eduardo - A Recent Conversation

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.

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Old February 20th 07, 01:02 PM posted to rec.radio.shortwave
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Default David Eduardo - A Recent Conversation


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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