Legal Question in Constitutional Law in Illinois

My question is about US Code Title 8 Chapter 12 Subchapter III Part I 1401(g) which deals with natural born citizens. I am in an argument with my uncle about this section.

His argument is that the wording beginning with "Provided, that any periods" means that a girl born in the US and married to an alien at age 18 is required to be serving in the Military or employed by the US Government while her child was born outside of the US or its possessions in order for her child to be considered a natural born citizen.

My argument is that this same wording does not require the citizen-parent to be in the Military or a Govt employee but instead allows the children of people serving in the Military or employed by the US Govt to use their time overseas to qualify as time physically present in the US which is a requirement earlier in the paragraph that must total at least 5yrs.

Could you clear up this argument for us and if possible explain in layman's terms the requirements of this 1401(g) section?


Asked on 5/18/11, 5:36 pm

1 Answer from Attorneys
John Mitchell Interaction Law

This is not my area of expertise, and I have not researched any case law interpreting it, but as a foreign-born son of U.S. citizens, it interested me enough to look up � 1401(g).

As I read it, your interpretation is the correct one. The first portion lays out the requirement, and the "provided that" allows cor certain time abroad to be counted as if it had been in the U.S., if certain conditions (such as serving in military service) are met.

In other words, the basic general rule is up to the colon. The rest is a patch to allow certain types of time abroad (such as military service) to be considered as though spent in the U.S. -- the idea that it would be unfair to people required by the U.S. government to live abroad to be treated any worse than someone living here.

Read more
Answered on 5/18/11, 8:23 pm


Related Questions & Answers

More Constitutional Law questions and answers in Illinois