Vermont didn't require it until 1955!
Vermont didn't require it until 1955!
When McCain was running for president, there was a big court case about whether being born in the Canal Zone (a U.S. territory) qualified as being a "natural born citizen". And I made the connection - "Wait. The Philippines was a U.S. territory in 1939. Shouldn't dad have had birthright citizenship?"
Moot point by then, he'd already been a citizen for ~40 years, and died the next year. But it was wild to think that the 10+ years of immigration hassles were basically due to an administrative fuck-up, and that legally, he should have had citizenship all along. The process you link wouldn't work for him, either, because the Philippines is not a U.S. territory now.
Unless your dad was part of the elite ruling class which gets to skip and ignore all the rules, the answer is an emphatic no. However, if he was the son of an admiral from a long line of important people who had been in the Senate for years and finally wanted to run for president, well, then Congress might just decide that he's good enough and give their stamp of approval to all of it.
Was your dad the son of an admiral who had been in the Senate for years and finally wanted to run for president?
Besides, the thing with McCain wasn't about whether he was a citizen or not... this was 100% the case. The trouble was that McCain didn't become a citizen until 3 years old. And "natural born citizen" can't happen for a kid who's already 3, nor can Congress pass laws that are ex post facto, meaning they couldn't retroactively declare him natural born. He was absolutely disqualified from running, and if he had had an ounce of decency he would have accepted that and quit pressing his claims.
It wasn't until the Immigration and Nationality Act of 1952 that todays standards of overseas citizenship conference took shape. Citizenship in the US is a bit of a mess.
https://www.yalelawjournal.org/pdf/123.7.Collins_r35np7ug.pd...
Having been born to a Canadian father in the US and moved to Canada when I was nine, my US citizenship lapsed when I turned 25 in Canada (I was quite happy to stay in Canada during the Vietnam war during my twenties). At the time I was unaware of the INA provisions repealed in 1978 that lapsed my US citizenship.
New FATCA and IRS obligations motivated me to research my US citizenship status and I was happy to discover that it had lapsed.
US Customs officers sometimes ask questions when I show up with a Canadian passport with a US birthplace. Now I pull out my copy of State Department FAM 1200 APPENDIX C to explain my status, but the legalese is a challenge for people with just high school. .