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Title III, Ch. 1, Sec. 301(a), paragraph 7 of the Immigration and
Naturalization Act of 1952, aka the McCarran-Walter Act, specifies which children born abroad to parents of whom only one is an American citizen is himself an American citizen: The following shall be citizens and nationals of the United State at birth: (7) 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 ten years, at least five of which were after attaining the age of fourteen years The snarky boy, "iaranrod", pretends that this only applies to to children born to married couples, only one of whom is an American citizen. The snarky boy then assumes that if the couple were not legally married, then a child born to them would be a citizen. That's *WRONG*. Section 309 actually places *greater* restrictions, not fewer, on establishing the American citizenship of the child if the parents were not married: CHILDREN BORN OUT OF WEDLOCK: Sec. 309. (a) The provisions of paragraphs (3), (4), (5) and (7) of section 301 (a), and of paragraph (2) of section 308, of this title shall apply as of the date of birth to a child born out of wedlock on or after the effective date of this Act, if the paternity of such child is established while such child is under the age of twenty-one years by legitimation. http://library.uwb.edu/guides/USimmi...stat%20163.pdf So, regardless of whether or not Hussein's parents were married, he would not have been born a citizen had he been born outside the geographical limits of the United States and its outlying possessions: regardless of his mother's marital status, she didn't meet the necessary requirements for giving birth abroad to an American citizen under the law effective in 1961: QED. |
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