Cruz will renounce Canadian citizenship

[Nay]

23. Here are some Canadian/US rules that would apply to Cruz:

From the USA immigration site:

He is automatically a US citizen if:
One parent is a U.S. citizen at the time of birth and the birthdate is before November 14, 1986 but after October 10, 1952.


And if these conditions are met:
The parents are married at the time of birth and the U.S. citizen parent was physically present in the U.S. or its territories for a period of at least ten years at some time in his or her life prior to the birth, at least five of which were after his or her 14th birthday.

If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

Serving honorably in the U.S. Armed Forces;
Employed with the U.S. Government; or
Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

If the child was born out of wedlock, see N-600: FAQ.


His US parent would have to have been married at the time of birth, and would have had to have lived in the US for a total of 10 years before the birth, 5 of which must have been after the parent was 14 years old. So, the question is whether his US parent was a resident of the US for the 10-yr requirement, and whether his parents were married at the time of birth.

And yes, he is a Canadian citizen because he has a Canadian birth certificate.

From the US Dept of State website:

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met. The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document that the child is a U.S. citizen. If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child’s name.

According to U.S. law, a CRBA is proof of U.S. citizenship and may be used to obtain a U.S. passport and register for school, among other purposes.

The child’s parents may choose to apply for a U.S. passport for the child at the same time that they apply for a CRBA. Parents may also choose to apply only for a U.S. passport for the child. Like a CRBA, a full validity, unexpired U.S. passport is proof of U.S. citizenship.

Parents of a child born abroad to a U.S. citizen or citizens should apply for a CRBA and/or a U.S. passport for the child as soon as possible. Failure to promptly document a child who meets the statutory requirements for acquiring U.S. citizenship at birth may cause problems for the parents and the child when attempting to establish the child’s U.S. citizenship and eligibility for the rights and benefits of U.S. citizenship, including entry into the United States. By law, U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States.