Forgive me for being ignorant. Why is she not eligible? Supposedly she was born in Oakland CA which makes her a naturalized citizen. Unless her birth is shady like Obama, born in Kenya, is there something I am missing here? Even if Obama was born overseas, Constitutionally, as long as his mother was still a US citizen Obama has US birthright citizenship. So I really don't understand what all the fuss is about. Harvard Law Review - On the Meaning of āNatural Born Citizenā
Here parents were here on student visas. The person claiming citizenship must be under the jurisdiction of the United States for them to claim birthright citizenship. Student vistas leave you under your home countries jurisdiction.
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
Forgive me for being ignorant. Why is she not eligible? Supposedly she was born in Oakland CA which makes her a naturalized citizen. Unless her birth is shady like Obama, born in Kenya, is there something I am missing here? Even if Obama was born overseas, Constitutionally, as long as his mother was still a US citizen Obama has US birthright citizenship. So I really don't understand what all the fuss is about. Harvard Law Review - On the Meaning of āNatural Born Citizenā
You arent missing anything. She was born in Oakland. She is a citizen.
But not a natural born citizen. Minor vs Happersett (1874) defines NBC as born of two (plural) US citizen parents.
In Wong Kim Ark, the Supreme Court (1898) identifies two specific examples of people not subject to U.S. jurisdiction:
She does not fall into either category.
Here parents were here on student visas. The person claiming citizenship must be under the jurisdiction of the United States for them to claim birthright citizenship. Student vistas leave you under your home countries jurisdiction.
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."