[[Observe that the foreign-born child is not a citizen if the citizen parent does not meet the requirements of this statute.[1] ]]
A child born off soil to a sovereign us citizen parent acquires citizenship by virtue of the circumstances of his or her birth. Not by virtue of a process of naturalization- This is what separates an NBC child from a foreign child- The immigration laws and naturalization acts simply convey who needs to be naturalized and who doesn’t - If a child’s parent or parents do not meet certain criteria, they must then apply for citizenship status for their child- IF however they do meet them- no process is necessary for the child- the child is an NBC- He does not acquire his/her citizenship via a process of naturalization
Current law dictates that certain conditions be met in order for parent/child bond to be made, and for allegiance purposes- however, the courts have made it much much harder for law to strip a citizen of their citizenship based solely on a court’s interpretation of the citizen’s apparent ‘intent to expatriate’
[[Citizenship conferred by statute is naturalization. ]]
Agreed- however, there is no conferring of citizenship for birthright citizenship- A child born off soil to a sovereign us citizen parent acquires citizenship by virtue of the circumstances of his or her birth. Not by virtue of a process of naturalization- Recent court cases have made this clear- there is no difference between a woman who travels abroad, and chooses to return to the states to have her child as one who travels abroad and chooses not to return- Both of hteir children aquire citizenship by virtue of the circumstances of his or her birth and not by virtue of a process/ceremony of naturalization
The child when it comes back to the US is fully a citizen with no need to go through a process to gain citizenship
[[There is no requirement that the naturalization must include a “process” or “proceeding”, that a declaration of intent be made, that an oath be taken, that there be conditions precedent or subsequent. ]]
4. Take the Oath of Allegiance
You are not a U.S. citizen until you take the Oath of Allegiance at a naturalization ceremony. You will receive your Certificate of Naturalization after taking the Oath of Allegiance.
https://www.uscis.gov/us-citizenship/naturalization-ceremonies
Naturalization Oath of Allegiance to the United States of America
Oath
“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”
Note: In certain circumstances there can be a modification or waiver of the Oath of Allegiance. Read Chapter 5 of A Guide to Naturalization for more information.
The principles embodied in the Oath are codified in Section 337(a) in the Immigration and Nationality Act (INA), which provides that all applicants shall take an oath that incorporates the substance of the following:
Support the Constitution;
Renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen;
Support and defend the Constitution and laws of the United States against all enemies, foreign and domestic;
Bear true faith and allegiance to the same; and
A. Bear arms on behalf of the United States when required by the law; or
B. Perform noncombatant service in the Armed Forces of the United States when required by the law; or
C. Perform work of national importance under civilian direction when required by the law.
Statutes “conferring citizenship upon foreign-born children of citizens” is naturalization. U.S. v. Wong Kim Ark, 169 U.S. 649, 702-703 (1898)
Read Rogers v. Bellei, 401 U.S. 815 (1971)
Congress has no authority, expressed or implied, to take citizenship from people.
Congress has authority to establish a uniform rule of naturalization, and can impose nearly any condition precedent or subsequent.
Bellei lost his citizenship because he failed to comply with a condition subsequent required by naturalization statute.
Cruz’s situation is identical to Bellei.
Cruz citizenship is via the Immigration and Nationality Act, Pub. L. No. 82-414 § 301(a)(7), 66 Stat. 163, 236 (1952). This statute has condition precedent and subsequent. Cruz is a naturalized citizen.
Read Rogers v. Bellei, 401 U.S. 815 (1971) in tandem with Afroyim v. Rusk, 387 U.S. 253 (1967).