This is in response from the letter from the Moorhead Senior High School student that was published in the January 9, 2004 edition of the Immigration Daily. Initially, I was struck by how much the question that was posed sounded like any number of questions I heard in class during my first year of law school (e.g. "What if the boat was crossing the International Date Line when the statute of limitations was expiring .... "). In any event, I believe that Sec. 301(f) of the INA (8 U.S.C. Sec. 1401(f)) provides the answer: (f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States; is a citizen of the US at birth. I hope this helps the student, and I hope that the person who raised this issue considers a career in law.
Paul N. Gilbert, Esq.
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