Thread: statute relevant to Barack Obama II

http://law.onecle.com/uscode/8/1401.html

Aliens and Nationality - 8 USC Section 1401

Sec. 1401. Nationals and citizens of United States at birth


The following shall be nationals and citizens of the United
States at birth:
(a) a person born in the United States, and subject to the
jurisdiction thereof;
(b) a person born in the United States to a member of an
Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided,
That the granting of citizenship under this subsection shall not
in any manner impair or otherwise affect the right of such person
to tribal or other property;
(c) a person born outside of the United States and its outlying
possessions of parents both of whom are citizens of the United
States and one of whom has had a residence in the United States
or one of its outlying possessions, prior to the birth of such
person;
(d) a person born outside of the United States and its outlying
possessions of parents one of whom is a citizen of the United
States who has been physically present in the United States or
one of its outlying possessions for a continuous period of one
year prior to the birth of such person, and the other of whom is
a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United
States of parents one of whom is a citizen of the United States
who has been physically present in the United States or one of
its outlying possessions for a continuous period of one year at
any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States
while under the age of five years, until shown, prior to his
attaining the age of twenty-one years, not to have been born in
the United States;
(g) 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 five years, at least two of which were
after attaining the age of fourteen years: Provided, That any
periods of honorable service in the Armed Forces of the United
States, or periods of employment with the United States
Government or with an international organization as that term is
defined in section 288 of title 22 by such citizen parent, or any
periods during which such citizen parent is physically present
abroad as the dependent unmarried son or daughter and a member of
the household of a person (A) honorably serving with the Armed
Forces of the United States, or (B) employed by the United States
Government or an international organization as defined in section
288 of title 22, may be included in order to satisfy the
physical-presence requirement of this paragraph. This proviso
shall be applicable to persons born on or after December 24,
1952, to the same extent as if it had become effective in its
present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24,
1934, outside the limits and jurisdiction of the United States of
an alien father and a mother who is a citizen of the United
States who, prior to the birth of such person, had resided in the
United States.

AMENDMENTS
1994 - Subsec. (h). Pub. L. 103-416 added subsec. (h).
1986 - Subsec. (g). Pub. L. 99-653 substituted "five years, at
least two" for "ten years, at least five".
NOT APPLICABLE TO BARACK OBAMA II IN 1961.
1978 - Subsec. (a). Pub. L. 95-432, Sec. 3, struck out "(a)"
before "The following" and redesignated pars. (1) to (7) as (a) to
(g), respectively.
Subsec. (b). Pub. L. 95-432, Sec. 1, struck out subsec. (b) which
provided that any person who was a national or citizen of the
United States under subsec. (a)(7) lose his nationality or
citizenship unless he be continuously physically present in the
United States for a period of not less than two years between the
ages of 14 and 28 or that the alien parent be naturalized while the
child was under 18 years of age and the child began permanent
residence in the United States while under 18 years of age and that
absence from the United States of less than 60 days not break the
continuity of presence.
Subsec. (c). Pub. L. 95-432, Sec. 1, struck out subsec. (c) which
provided that former subsec. (b) apply to persons born abroad
subsequent to May 24, 1934, except that this not be construed to
alter the citizenship of any person born abroad subsequent to May
24, 1934 who, prior to the effective date of this chapter, had
taken up residence in the United States before attaining 16 years
of age, and thereafter, whether before or after the effective date
of this chapter, complied with the residence requirements of
section 201(g) and (h) of the Nationality Act of 1940.
Subsec. (d). Pub. L. 95-432, Sec. 1, struck out subsec. (d) which
provided that nothing in former subsec. (b) be construed to alter
the citizenship of any person who came into the United States prior
to Oct. 27, 1972, and who, whether before or after Oct. 27, 1972,
immediately following such coming complied with the physical
presence requirements for retention of citizenship specified in
former subsec. (b), prior to amendment of former subsec. (b) by
Pub. L. 92-584.
1972 - Subsec. (b). Pub. L. 92-584, Sec. 1, substituted
provisions that nationals and citizens of the United States under
subsec. (a)(7), lose such status unless they are present
continuously in the United States for two years between the ages of
fourteen and twenty eight years, or the alien parent is naturalized
while the child is under the age of eighteen years and the child
begins to reside permanently in the United States while under the
age of eighteen years, and that absence from the United States of
less than sixty days will not break the continuity of presence, for
provisions that such status would be lost unless the nationals and
citizens come to the United States prior to attaining twenty three
years and be present continuously in the United States for five
years, and that such presence should be between the age of fourteen
and twenty eight years.
Subsec. (d). Pub. L. 92-584, Sec. 3, added subsec. (d).
1966 - Subsec. (a)(7). Pub. L. 89-770 authorized periods of
employment with the United States Government or with an
international organization by the citizen parent, or any periods
during which the citizen parent is physically present abroad as the
dependent unmarried son or daughter and a member of the household
of a person (A) honorably serving with the Armed Forces of the
United States, or (B) employed by the United States Government or
an international organization, to be included in order to satisfy
the physical presence requirement, and permitted the proviso to be
applicable to persons born on or after December 24, 1952.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 23(d) of Pub. L. 99-653, as added by Pub. L. 100-525,
Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: "The
amendment made by section 12 [amending this section] shall apply to
persons born on or after November 14, 1986."
EFFECTIVE DATE OF 1978 AMENDMENT
Section 1 of Pub. L. 95-432 provided that the amendment made by
that section is effective Oct. 10, 1978.
EFFECTIVE DATE
Chapter effective 180 days after June 27, 1952, see section 407
of act June 27, 1952, set out as a note under section 1101 of this
title.
WAIVER OF RETENTION REQUIREMENTS
Section 101(b) of Pub. L. 103-416 provided that: "Any provision
of law (including section 301(b) of the Immigration and Nationality
Act [8 U.S.C. 1401(b)] (as in effect before October 10, 197, and
the provisos of section 201(g) of the Nationality Act of 1940
[former 8 U.S.C. 601(g)]) that provided for a person's loss of
citizenship or nationality if the person failed to come to, or
reside or be physically present in, the United States shall not
apply in the case of a person claiming United States citizenship
based on such person's descent from an individual described in
section 301(h) of the Immigration and Nationality Act (as added by
subsection (a))."
RETROACTIVE APPLICATION OF 1994 AMENDMENT
Section 101(c) of Pub. L. 103-416 provided that:
"(1) Except as provided in paragraph (2), the immigration and
nationality laws of the United States shall be applied (to persons
born before, on, or after the date of the enactment of this Act
[Oct. 25, 1994]) as though the amendment made by subsection (a)
[amending this section], and subsection (b) [enacting provisions
set out above], had been in effect as of the date of their birth,
except that the retroactive application of the amendment and that
subsection shall not affect the validity of citizenship of anyone
who has obtained citizenship under section 1993 of the Revised
Statutes [former 8 U.S.C. 6] (as in effect before the enactment of
the Act of May 24, 1934 (48 Stat. 797)).
"(2) The retroactive application of the amendment made by
subsection (a), and subsection (b), shall not confer citizenship
on, or affect the validity of any denaturalization, deportation, or
exclusion action against, any person who is or was excludable from
the United States under section 212(a)(3)(E) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(E)) (or predecessor provision)
or who was excluded from, or who would not have been eligible for
admission to, the United States under the Displaced Persons Act of
1948 [former 50 App. U.S.C. 1951 et seq.] or under section 14 of
the Refugee Relief Act of 1953 [former 50 App. U.S.C. 1971l]."
APPLICABILITY OF TRANSMISSION REQUIREMENTS
Section 101(d) of Pub. L. 103-416, as amended by Pub. L. 104-208,
div. C, title VI, Sec. 671(b)(1), Sept. 30, 1996, 110 Stat.
3009-721, provided that: "This section [amending this section and
enacting provisions set out above], the amendments made by this
section, and any retroactive application of such amendments shall
not effect the application of any provision of law relating to
residence or physical presence in the United States for purposes of
transmitting United States citizenship to any person whose claim is
based on the amendment made by subsection (a) [amending this
section] or through whom such a claim is derived."
ADMISSION OF ALASKA AS STATE
Alaska Statehood provisions as not conferring, terminating, or
restoring United States nationality, see section 21 of Pub. L.
85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding
former section 21 of Title 48, Territories and Insular Possessions.

Last modified: June 14, 2006

Pub. L. 99-653 amending 8 USC 12 1401(g) IS NOT APPLICABLE BECAUSE IT WAS NOT IN EFFECT UNTIL NOV. 14, 1986. In 1961, 1401(g) read "not less than ten years, at least five" in place of the current "not less than five years, at least two." "At least five" was applicable to Barack Obama II, born on August 4, 1961.

Originally Posted by [url

http://www.law.cornell.edu/uscode/8/1401.html[/url]]8 USC 12 1401
(g) 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 five years, at least two of which were after attaining the age of fourteen years:

Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person

(A) honorably serving with the Armed Forces of the United States, or

(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph.

This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;

The proviso (in italics) is not applicable, because Stanley Ann Dunham Obama was neither serving with the U.S. military, nor employed by the U.S. government, nor employed by a Title 22 international organization.