Real0ne
Posts: 21189
Joined: 10/25/2004 Status: offline
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So you are saying that he resided in the US for more than 5 years with intent to become a US citizen? I gave you the law from US Immigration Interpretation of the SAL, where you can see what was repealed by the changes made not to mention they say it. If you have a citation (court case etc) that your version is correct and the understood law is not by all means post it, but until then I will go with the US Statutes at Large govern regardless of anyones personal opinion. So if you have a citation post it. Legislation from 1790 - 1900 1 Act of March 26, 1790 (1 Statutes-at-Large 103) The first federal activity in an area previously under the control of the individual states, this act established a uniform rule for naturalization by setting the residence requirement at two years. 2 Act of January 29, 1795 (1 Statutes-at-Large 414) Repealed the 1790 act, raised the residence requirement to five years and required a declaration of intention to seek citizenship at least three years before naturalization. 3 Naturalization Act of June 18, 1798 (1 Statutes-at-Large 566) Provisions: a. Clerks of court must furnish information about each record of naturalization to the Secretary of State. b. Registry of each alien residing in the United States at that time, as well as those arriving thereafter. c. Raised the residence requirement for naturalization to fourteen years. 4 Aliens Act of June 25, 1798 (1 Statutes-at-Large 570) Represented the first Federal law pertinent to immigration rather than naturalization. Provisions: a. Authorized the President to arrest and/or deport any alien whom he deemed dangerous to the United States. b. Required the captain of any vessel to report the arrival of aliens on board such vessel to the Collector, or other chief officer, of the Customs of the Port. This law expired two years after its enactment. 5 Alien Enemy Act of July 6, 1798 (1 Statutes-at-Large 577) Provided that in the case of declared war or invasion the President shall have the power to restrain or remove alien enemy males of fourteen years and upwards, but with due protection of their property rights as stipulated by treaty. 6 Naturalization Act of April 14, 1802 (2 Statutes-at-Large 153) Provisions: a. Reduced the residence period for naturalization from fourteen to five years. b. Established basic requirements for naturalization, including good moral character, allegiance to the Constitution, a formal declaration of intention, and witnesses. Immigration Legal History Page 1 then 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. oh incidentally this is todays standards I didnt bother to look up the code for what 1963 or whenever.
< Message edited by Real0ne -- 8/21/2013 10:48:32 AM >
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"We the Borg" of the us imperialists....resistance is futile Democracy; The 'People' voted on 'which' amendment? Yesterdays tinfoil is today's reality! "No man's life, liberty, or property is safe while the legislature is in session
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