It has bothered me that Cruz senior left for Canada at the height of the Vietnam war and came back in the year the war officially ended.
It could be a coincidence, but somehow I think not.
It definitely showed to desire to be a US citizen, so by the law of 1790, those early Americans might have decided that Cruz had not been ‘resident in’ the US, one of the provisions that had to be met for an overseas child to be an NBC.
In other words, it appears that the 1790 law is saying that, when only the mother is a US citizen, then the father has to evidence being “resident in” the US. Also, he had to have no state questioning his acceptability. Those are the 2 provisions in the US law of 1790.
I’ll bet Louisiana would have questioned his acceptability as a draft dodger gone to Canada and applying for Canadian citizenship.
The 1790 law was replaced by the 1795 law.