Trying to prove American citizenship by birth

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Trying to prove American citizenship by birth

Postby Kaylie » 10 Oct 2013, 16:12

I am a member of IG, having had the opportunity to find much information on the ancestors of my husband. I have been asked by a family member to help him find proof that his mother, born in May 1900 was an American citizen due to the fact that she was born in Philadelphia, PA in 1900. Rosaria Rizzo (female) was born in May, 1900 in Philadelphia, PA and then returned with her family to Sicily in 1916. A search of archives in Philadelphia was unsuccessful as her certificate of birth was not found. They searched other months during that year and found nothing. However, in researching baptismal records they found her record of baptism. It indicated she was baptized several months after her birth. Unfortunately baptismal records cannot prove US citizenship. Is there anyone out there that can tell me who I can turn to in order to try and find proof of citizenship? This would mean that all of her children are American citizens through the fact that she was born in the US. I look forward to hearing from anyone who can assist me with this search. Thank you
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Re: Trying to prove American citizenship by birth

Postby jennabet » 10 Oct 2013, 17:05

If her children were born outside of the USA (for example in Italy) and they did not spend the required number of years in America before they reached a certain age, they would not be American citizens.
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Re: Trying to prove American citizenship by birth

Postby Kaylie » 10 Oct 2013, 20:11

Based on some research I've done, the laws governing whether child born outside US acquires US citizenship from parent have changed several times over the years and depends upon the child's year of birth. In this case, the law governing this person's claim to citizenship falls under the laws governing this issue (May 25, 1934 to January 12, 1941), since the person claiming citizenship was born in 1938. I was not able to find any explanation or interpretation on the laws governing this period of time? Would you have any idea where I could find the rules governing citizenship by acquisition during this period of time? Thanks for your assistance.
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Re: Trying to prove American citizenship by birth

Postby mler » 10 Oct 2013, 22:23

I found this on the National Archives site:

"Citizenship of the Foreign Born (Column 6)
Beginning with the 1900 census, people were asked if they were naturalized, had filed their papers, or were aliens. In 1940, the Census Bureau added the category "American Citizen Born Abroad" (Am. Cit.), which covered people born abroad or at sea. A person born aboard was an American citizen if (a) his or her father was an American citizen who had resided in the United States before the time of the child's birth, or (b) the person was born after May 24, 1934, if either parent was an American citizen who had resided in the United States before the time of the child's birth.3"
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Re: Trying to prove American citizenship by birth

Postby jennabet » 10 Oct 2013, 22:50

Kaylie, the birth of a child outside the USA in 1938 to an American citizen mother would fall under the Act of May 24, 1934, which granted citizenship to any child born outside of the USA or it's jurisdiction whose father or mother or both at time of child's birth was a US citizen. This applied all over the world except in the Canal Zone, which is why John McKane can never be president having been born in the Canal Zone in 1936. If you google the Act, you will learn more.
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Re: Trying to prove American citizenship by birth

Postby Kaylie » 11 Oct 2013, 01:26

John McCain was born in 1936 at the naval air station in the Panama Canal Zone which was under the control of the US
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Re: Trying to prove American citizenship by birth

Postby jennabet » 11 Oct 2013, 11:23

In 1936, the Canal Zone was outside US territory and considered a no man's land and not covered under the Act of 1934. It took another act in 1937 to recognize the Canal Zone but this was too late for McKane because he was born there in 1936.
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Re: Trying to prove American citizenship by birth

Postby Kaylie » 11 Oct 2013, 13:36

Wonder why then did he make a run for the pr presidency with Sarah Palin as his running mate?
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Re: Trying to prove American citizenship by birth

Postby jennabet » 11 Oct 2013, 14:49

I guess because McCane is considered a US citizen AFTER birth -- not AT birth. In order to be president you must be a citizen AT birth. If he had won, he would have been in the WH illegally.
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