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"Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother" 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 personâ€™s 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 personâ€™s 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 childâ€™s birth to transmit U.S. citizenship."

"may acquire" sounds to me like Cruz is eligible to acquire but has to go through the steps to obtain citizenship. Has he?

..."may acquire" sounds to me like Cruz is eligible to acquire but has to go through the steps to obtain citizenship. Has he?

You cited the section of that document that applies to unmarried parents. Ted Cruz's parents were married in 1969. He was born in 1970.

Here is the correct section:

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 childâ€™s birth to transmit U.S. citizenship.

So, it's "acquires," not "may acquire."