Hypothetical/Academic question: Would INA 320/322 be the same as USC by birth?

[abumiqdad]

Have a question here, mainly to understand the law more on this issue. Everyone knows naturalized USC are not eligible to run for presidency, but what about those who got USC by act like INA 320 and 322 ? Would they be considered as NATURALIZED or they are considered USC by birth (only it did not happen automatically as several extra criteria needs to be fulfilled AFTER the birth)?




Or would it be considered since they are not USC automatically by birth (no CRBA), then they would be the same as someone filing N400 (but they wont have certificate of naturalization)? Especially for adopted child.

[newacct]

No, they are not considered US citizens at birth. People who become US citizens through INA 320 become US citizens on the day that all the conditions are simultaneously true for the first time (permanent resident, under 18, living in the US, in the legal and physical custody of a US citizen parent, after February 27, 2001). People who become US citizens through INA 322 become US citizens on the day they take the oath (I am not sure what the exact day is for children for whom the oath is waived because they are too young; but in any case it cannot be earlier than the N-600K approval).

If someone who gets citizenship through INA 320/322 gets a Certificate of Citizenship, it will say on there the date the person became a citizen, which would be after the person's date of birth. On the other hand, if someone who was born abroad and was a US citizen at birth gets a Certificate of Citizenship, it will say on there that the date the person became a citizen is the same as their date of birth, no matter at what age the applied for the certificate.

[abumiqdad]

No, they are not considered US citizens at birth. People who become US citizens through INA 320 become US citizens on the day that all the conditions are simultaneously true for the first time (permanent resident, under 18, living in the US, in the legal and physical custody of a US citizen parent, after February 27, 2001). People who become US citizens through INA 322 become US citizens on the day they take the oath (I am not sure what the exact day is for children for whom the oath is waived because they are too young; but in any case it cannot be earlier than the N-600K approval).

If someone who gets citizenship through INA 320/322 gets a Certificate of Citizenship, it will say on there the date the person became a citizen, which would be after the person's date of birth. On the other hand, if someone who was born abroad and was a US citizen at birth gets a Certificate of Citizenship, it will say on there that the date the person became a citizen is the same as their date of birth, no matter at what age the applied for the certificate.

okay this is an interesting take on this matter. I have never seen any Cert of Citizenship, so i do not know what it says there. Would be interesting to know for INA 320, if the date would be based on the Green Card date or the date the child applies for a US passport as a proof of citizenship.

Still (from a different forum's conversation) i suppose Supreme Court needs to rule on whether INA 320/322 can run for a US Presidency or not.

[newacct]

Would be interesting to know for INA 320, if the date would be based on the Green Card date or the date the child applies for a US passport as a proof of citizenship.

It would be based on the date when the last of the conditions were met. So if the parent was already a US citizen before, and the child enters the US on an immigrant visa, or the child's Adjustment of Status is approved, then the child would immediately become a citizen on becoming a permanent resident, so the of becoming a citizen would be the date they entered the US or the AOS was approved. On the other hand, if the child was already a permanent resident before the parents naturalized, and at least one parent naturalizes, the date of becoming a citizen would be the date the first parent takes the oath. If the child is outside the US when the parent takes the oath, the date of becoming a citizen would be when the child next returns to the US. In the case of an adopted child, it could be more complicated.

Still (from a different forum's conversation) i suppose Supreme Court needs to rule on whether INA 320/322 can run for a US Presidency or not.

I think it is pretty clear that they would not be eligible. The legal consensus is that a natural-born citizen is any citizen who was a citizen at birth.