Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: If Ted Cruz wasn't born in the US, why's he still running for pres and why is the media letting him? [View all]BlueCaliDem
(15,438 posts)17. "If you are born of a U.S. citizen you are a natural born citizen." Not necessarily.
There are certain qualifications under INA law that determine if children acquired U.S. citizenship through parents.
I speak out of personal experience.
My daughter was born 11/1991 in the Netherlands but acquired citizenship through me under this section of the INA:
[center]Birth Abroad to One Citizen and One Alien Parent in Wedlock[/center]
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the childs birth to transmit U.S. citizenship.
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the childs birth to transmit U.S. citizenship.
[center]Ted Cruz's mother would have to qualify under that part of the law that I've set in bold
for him to acquire U.S. citizenship under the old INA law.[/center]
My oldest son, Mark, was also born in the Netherlands and acquired U.S. citizenship through me under this section of the INA:
[center]Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:[/center]
A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the persons birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the persons birth. The U.S. citizen mother must be the genetic or the gestational mother and the legal parent of the child under local law at the time and place of the childs birth to transmit U.S. citizenship.
A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the persons birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the persons birth. The U.S. citizen mother must be the genetic or the gestational mother and the legal parent of the child under local law at the time and place of the childs birth to transmit U.S. citizenship.
My brother's daughters did not acquire U.S. citizenship through birth. Although he was born in Los Angeles, California, he was thirteen when our father took us to the Netherlands. My brother never surrendered his citizenship but has never returned to the United States afterward. He has two daughters born after 1991 in the Netherlands, but neither qualified for acquisition of U.S. citizenship under the INA.
[center]One parent is a U.S. citizen at the time of birth and the birthdate is on or after November 14, 1986[/center]
The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday.
The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday.
Edit history
Please sign in to view edit histories.
Recommendations
0 members have recommended this reply (displayed in chronological order):
74 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
If Ted Cruz wasn't born in the US, why's he still running for pres and why is the media letting him? [View all]
Ned_Devine
Dec 2015
OP
Because "natural born citizen" includes people born outside the US to US citizens. (nt)
jeff47
Dec 2015
#1
I was born outside the US but I am a natural born citizen by clear US law
alcibiades_mystery
Dec 2015
#4
See my post here about acquisition of U.S. citizenship by children born abroad:
BlueCaliDem
Dec 2015
#19
But President Obama was most certainly born on Hawaii within the United States
BlueCaliDem
Dec 2015
#30
Like I said, there's a huge difference between President Obama's and Cruz' birth situation and
BlueCaliDem
Dec 2015
#35
Not really. I never had to when both of my children were born in the Netherlands,
BlueCaliDem
Dec 2015
#33
"If you are born of a U.S. citizen you are a natural born citizen." Not necessarily.
BlueCaliDem
Dec 2015
#17
"... three years after the drafting of the Constitution, the First Congress established that
struggle4progress
Dec 2015
#61
My brother is a U.S. citizen but neither of his daughters are U.S. citizens.
BlueCaliDem
Dec 2015
#40
Because he's an attention seeking doofus, like the rest of the GOP
prouddemfromaustin44
Dec 2015
#34
"Ironically, even if Obama had been born in Kenya, he'd still be eligible for the Presidency." Yes,
BlueCaliDem
Dec 2015
#41
every time i run into a obama birther on facebook teddy crud is a fun way to call them a hypocrite
dembotoz
Dec 2015
#48
If Cruz beats out Rubio for the number 2 slot I expect Trump to make this an issue.
briv1016
Dec 2015
#52