Can a person who’s international status is dependent upon law or treaty be said to be a “natural born citizen”?
I get the point that you were making, but the fact is that any nation has the right to declare who its citizens are. So, even an NBC can be a citizen of another nation, regardless of whether or not he wants to be, if that nation legally declares him a citizen.
7 FAM 081 SUMMARY
(CT:CON-106; 06-06-2005)
a. Dual nationality is the simultaneous possession of two citizenships.b. Dual nationality results from the fact that there is no uniform rule of international law relating to the acquisition of nationality. Each country has its own laws on the subject and confers its nationality on individuals on the basis of its national policy and law. For example, the laws of some countries provide for automatic acquisition of citizenship at birth or through marriage. Some persons born in the United States may be surprised to learn that they also possess derivative nationality of another country through a grandparent. Today, it is not uncommon for individuals to possess not just dual nationality, but multiple nationalities. While dual nationality can provide the individual with many benefits, such as the ability to work freely in the other country, it can also impose burdens, including military service, taxes, etc.
c. If you receive inquiries about dual nationality, you may refer the inquirer to our brochures on this subject, Dual Nationality and Advice About Possible Loss of U.S. Citizenship and Dual Nationality, which are available on the Department of State, Bureau of Consular Affairs Internet page.
d. International law recognizes that each country determines who is a national of that country.
e. U.S. Policy on Dual Nationality: While recognizing the existence of dual nationality, the U.S. Government does not encourage it as a matter of policy because of the problems it may cause. Dual nationality may hamper efforts by the U.S. Government to provide diplomatic and consular protection to individuals overseas. When a U.S. citizen is in the other country of their dual nationality, that country has a predominant claim on the person. A foreign country might claim you as a citizen of that country if (a) you were born there; (b) your parent or parents (and sometimes grandparents) are or were citizens of that country or (c) you are a naturalized U.S. citizen but are still considered a citizen under that country's laws. (The oath you take when you are naturalized as a U.S. citizen (8 CFR 337.1) doesn’t mean the foreign country does not still regard you as a citizen of that country.) Public inquiries about the citizenship laws of other countries should be directed to the embassy or consulate of that country in the United States. 8 U.S.C. 1185(b) (Section 215(b) INA) and 22 CFR 53.1 require that U.S. citizens exit and enter the United States on a U.S. passport, with certain limited exceptions (22 CFR 53.2).
7 FAM 082 DUAL NATIONALITY AND U.S. LAW -- GENERALLY
(CT:CON-106; 06-06-2005)
Current U.S. nationality laws do not explicitly address dual nationality, but the U.S. Supreme Court has stated that dual nationality is a “status long recognized in the law” and that “a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both.” See Kawakita v. United States, 343 U.S. 717 (1952).
US law declares persons with the attributes of Mr. Cruz to be “citizen”.