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In reply to the discussion: Cruz may not be legally a Senator, much less a Pres. candidate. [View all]SickOfTheOnePct
(8,710 posts)109. That is simply not true
My child was born abroad but is a U.S. Citizen, what do I need to do?
Most children born abroad to a U.S. citizen parent(s) acquire U.S. citizenship at birth. As soon as possible after the birth, the U.S. citizen parent(s) should contact the nearest U.S. Embassy or Consulate.
If the consul determines that the child has acquired U.S. citizenship, a consular officer prepares a Consular Report of Birth Abroad of a Citizen of the United States of America (Form FS-240). This document is recognized in the United States as proof of acquisition of U.S. citizenship, and it is acceptable evidence of citizenship for obtaining a passport, entering school, and most other purposes.
Failure to document a child promptly as a U.S. citizen may cause hardship for the parents or child later on when attempting to obtain a passport or register for school.
https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies.html
Birth Abroad to One Citizen and One Alien Parent in Wedlock
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.
https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html
The CRBA makes life easier, but citizenship is not dependent upon it.
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He may not be a natural born citizen under the US Constitution. I agree with Lawrence Tribe: "murky"
merrily
Feb 2016
#1
Uless, of course, Mrs Cruz gave up her US citizenship for a Canadian citizenship.
seaotter
Feb 2016
#6
Your premise that dual citizenship was prohibited prior to 1977 is flawed
SickOfTheOnePct
Feb 2016
#105
Sure. I am not familiar with renouncing (yet--kidding), so I don't know if there would be a paper
merrily
Feb 2016
#58
In order for a person born abroad to a US Citizen or Citizens to become a US citizen,
Stonepounder
Feb 2016
#79
That's almost certainly right but the exact dates haven't been published AFAIK
Jim Lane
Feb 2016
#149
Thank you. Besides the fact that Cruz is EXACTLY who we want to run against in November
Bucky
Feb 2016
#21
There is a difference between falsely claiming Obama was born in Kenya and truthfully
merrily
Feb 2016
#128
Aside from the fact that it doesn't matter what Canada does or doesn't recognize
SickOfTheOnePct
Feb 2016
#9
He may be disqualified because I'm not sure he is actually a homo sapiens sapiens.
hobbit709
Feb 2016
#19
Was a Consular Report of Birth Abroad needed in 1970 if his parents filed for a US passport for him?
herding cats
Feb 2016
#22
Was it required if the parents did not apply for a passport for him was my question.
herding cats
Feb 2016
#34
Where are you getting that Canada didn't recognize dual citizenship until 1977?
SickOfTheOnePct
Feb 2016
#67
"children born in Canada to non-Canadian parents were not under any obligation to renounce a foreign
muriel_volestrangler
Feb 2016
#75
No. Physically nor Constitutionally. It's pretty obvious the FF meant "born HERE." NOT a tortuous
WinkyDink
Feb 2016
#43
How does "born abroad" mean "natural born citizen"? Didn't they know how to say "born abroad"?
WinkyDink
Feb 2016
#167
There's been a lot of law-contortion goin' on. CRUZ IS CANADIAN, and the Constitution means NOTHING.
WinkyDink
Feb 2016
#41
Agreed, as far as I'm concerned he is a US citizen. He's a creepy-as-hell US citizen. n/t
Turn CO Blue
Feb 2016
#95
The problem is that he's given up his Canadian citizenship in order to pretend he's American
Blueguyinthesky
Feb 2016
#117
So if he didn't specifically obtain US citizenship, he's an illegal. And since he renounced his
silvershadow
Feb 2016
#56
This is NOT bitherism. It has genuine legal foundation and does indeed impact Cruz being POTUS.
Ford_Prefect
Feb 2016
#93
To paraphrase an old adage........There are none so deaf as those who will not hear.
WillowTree
Feb 2016
#157
"Canada did not recognize dual citizenship in 1970 when Cruz was born in Alberta."
KamaAina
Feb 2016
#118
BS. He is an American by birth. Birthers left or right are wrong about this.
Sam_Fields
Feb 2016
#123
He is a Citizen but not the kind described in the Constitution as POTUS Eligible.
Ford_Prefect
Feb 2016
#127
The topic is not whether or not Cruz is an American citizen. Sorry to be nuancel (tm A. Haig).
WinkyDink
Feb 2016
#171