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) provided that one of the parents had a residence in the United States or one of its outlying possessions prior to the child’s birth. The child is considered to be born in wedlock if the child is the genetic issue of the married couple.
Even though Senator McCain’s parents were living in the Panama Canal Zone at the time of his birth, they maintained a permanent residence in the United States.
This is so that citizenship at birth will not be granted to the child of a U.S. citizen who never resided in the USA.
For example - if a couple of U.S. citizens had a child overseas that child would be a U.S. citizen at birth. But if that child NEVER resided in the USA but was an ‘expatriot’ with his parents his entire life - the child of that U.S. citizen who never resided in the USA (the expatriot citizen couple's grandchild) would not be eligible for US citizenship at birth based upon the U.S. citizenship of his parent who never resided in the USA.
“Permanent residence” is NOT required when there are TWO AmCit parents. the criteria is “place of general abode” (1907 Citizenship Act), “principal actual dwelling place without regard to intent”(Savorgnan v. United States). Literally, a moment of residence is all that is required........This is an anomaly that has existed in U.S. citizenship law since 1934. Unlike with ONE AmCit parent where the 10/5 or 5/2 year rule for residence or physical presence is the criteria, depending on birth year of the person.
In any event, Senator McCain is and always has been a U.S. citizen because both of his parents met the “had a residence” requirement of the 1940 Nationality Act - “.....and one of whom has ‘had a residence’.....”