Introduction
There is no such thing as a small citizenship problem. In many instances the only thing worse than being a U.S. citizen is NOT being a U.S. citizen. Many individuals who have never lived in the United States are U.S. citizens. They endure the problems of U.S. citizenship taxation and restricted access to financial accounts (yes, in many instances U.S. citizenship can be a disability). There are many people who have lived most of their lives in the United States who are NOT U.S. citizens. In some cases Green Card holders will become U.S. citizens specifically because they wish to move from the United States and avoid the 877 Exit Taxes. In some cases, non-citizens can enter the United States with less friction than U.S. citizens!! Sound crazy!! Yes it most certainly is.
Consider the following scenario:
Two Canadian citizens live in Canada and have Canadian passports. One of the two citizens is also a U.S. citizen without a current U.S. passport or with no U.S. passport. Incredibly the person who is ONLY Canadian can enter the United States with only his Canadian passport. But, the other person is in violation of U.S.C. 1185 which requires the U.S. citizen to enter the United States with a valid U.S. passport. Sound incredible? Yes it is.
The principle: Who you are is different from what you can or or required to do
The conditions or circumstances that determine whether you are a U.S. citizen are different from the restrictions that may apply to you because you are a U.S. citizen.
Whether you are a U.S. citizen
Constitutional U.S. citizenship
At present the 14th Amendment is interpreted to mean that all persons born or naturalized in the United States ARE U.S. citizens. (This is the principle at the heart of the Afroyim v. Rusk case which prohibits Congress from stripping people from their citizenship.) In 8 U.S.C. 1401 prescribes other conditions under which is a U.S. citizen.