[kabar]

Birth Abroad to One Citizen and One Alien Parent in Wedlock

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.

[abigkahuna]

Thank you Kabar for you assistance.

Best regards,

abigkahuna

[El Gato]

That’s actually not the statute, but rather the State Department *interpretation* of the statues that exist now, and that existed in the past.

But it’s clear that *IF BORN ABROAD*, BHO was not a citizen at birth, a necessary but not sufficient condition for being a natural born citizen.

But if born in the US, even if one parent was not a citizen, he was a citizen at birth... I repeat.. a necessary but not sufficient condition for NBC status.