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

A

abumiqdad

Member
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.
 
It’s an interesting question. The wiki article on the concept goes into some detail on this concept and it seems in my brief reading that this counts as naturalization rather than natural-born - as you point out, they have the right to gain citizenship but they are not automatically citizens at birth. Even CRBA has been questioned by some as natural born - they talk about the debate around Ted Cruz’s presidential run in this context.
https://en.m.wikipedia.org/wiki/Natural-born-citizen_clause#Constitutional_provisions
 
maybe on the term "Natural Born", those that got USC via INA 320 and 322 would not fit the bill, but it is slightly odd that those USC, cannot (from my knowledge) apply for the Naturalization Cert as they did not naturalize in the sense that the USC is granted without their doing i suppose.

But i guess until someone challenges this in the court up to Supreme Court, it could not be settled as no clear definition is given
 
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