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To: SvenMagnussen
Show us your Certificate of Citizenship, Ted. U.S. Citizenship to individuals born abroad with U.S. Citizen parent(s) is not automatic.

Yes, it is, Sven.

The Certificate of Citizenship you link to is merely a recognition of that automatic citizenship, and a proof of that citizenship. It even says right on the application for that certificate:

To determine if you were born a U.S. citizen, USCIS must look at the law that was in effect at the time of your birth.

135 posted on 07/21/2013 11:08:07 AM PDT by Jeff Winston
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To: Jeff Winston

“To determine if you were born a U.S. citizen, USCIS must look at the law that was in effect at the time of your birth.”

Congress does not have Constitutional authority to write legislation effecting the citizenship of a U.S. Citizen. The 14th Amendment was an amendment to the Constitution. The INA does not apply to U.S. Citizens, only foreign nationals who would like to become U.S. citizens.

If Ted Cruz were truly a U.S. Citizen at birth, then Congress would not have Constitutional authority to write and pass legislation to establish terms and conditions for him to be issued a Certificate of Citizenship. Only the Executive Branch has Constitutional authority to impact a U.S. Citizen with respect to citizenship status; i.e. issue a Certificate of Loss of Nationality.

Since USCIS is an agency of the Executive Branch, it does not have the authority to rely on legislation passed by Congress to determine citizenship status. It can only look to the U.S. Constitution for authority.

Children born in Canada of American parents are Canadian citizens by birthright. http://www.canlii.org/ca/sta/c-29/sec3.html

For USCIS to establish jurisdiction and determine if it has the Constitutional authority to make a determination of a person, USCIS must first determine one or both of the parents lived in the U.S. prior to the child’s birth. Otherwise, the U.S. Executive Branch would not authority to exercise jurisdiction over the Canadian born child.

Since the Canadian born child is a foreign national seeking U.S. Citizenship status, Congress does have authority to write and pass legislation setting terms and conditions, i.e. one U.S. Citizen parent must have been a resident of the U.S. for 5 years prior to their 19th birthday, etc ...

A child born aboard must be considered a foreign national seeking U.S. Citizenship before USCIS can follow Federal Law to determine citizenship status of the child.


185 posted on 07/21/2013 12:00:46 PM PDT by SvenMagnussen (1983 ... the year Obama became a naturalized U.S. citizen.)
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To: Jeff Winston
To determine if you were born a U.S. citizen, USCIS must look at the law that was in effect at the time of your birth.

Yes, because we all know the meaning of "natural citizen" changes every time they pass a new law.

Idiot.

319 posted on 07/21/2013 3:53:14 PM PDT by DiogenesLamp (Partus Sequitur Patrem)
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