If your mother was also a US citizen, you are certainly a natural born citizen of the US... regardless of birthplace.
The form was required to document your birth overseas AS a US citizen. If both your parents were US citizens, then this form that was filed did not “naturalize” you as a US citizen, but rather established your status as “natural born”.
If either of your parents were not US citizens, then the paperwork would have served to ‘naturalize’ you as a US citizen born overseas.
Natural born status is based upon inheritance, not birthplace. Birthplace brakes the tie when parents are not citizens of the same country.
Also... a US military base IS considered US soil.
Cruz is NOT a natural born citizen of the US. He is wrong in saying that he is.
Cruz is a natural born citizen of Canada.
Cruz is a natural-born citizen of the United States. No recognition conferred by any other country changes that and no paperwork that he happens to file changes that. He was that from birth.
If this were true, then there never would have been any controversy about Obama.
ML/NJ
“If your mother was also a US citizen, you are certainly a natural born citizen of the US... regardless of birthplace.”
The U.S. Supreme Court said you are wrong, and centuries of Anglo-American jurisprudence says you are wrong for the same reason: United States v. Wong Kim Ark, 169 U.S. 649, 18 S.Ct. 456, 42 L.Ed. “A person born out of the jurisdiction of the United States can only become a citizen by being naturalized....”
“The form was required to document your birth overseas AS a US citizen.”
Only as a naturalized U.S. citizen.
“If both your parents were US citizens, then this form that was filed did not “naturalize” you as a US citizen, but rather established your status as “natural born”.
Wrong. The Consular Report of Birth Abroad (CRBA) and comparable documents are used to document the authority to pass across the U.S. border and into the United States as a naturalized U.S. citizen, and not as a natural born U.S. citizen. From the repeal of the Naturalization Act of 1795 to the late 19th Century, a child born abroad with two U.S. citizen parents acquired no U.S. citizenship at all. Such a child had to be naturalized in exactly the same way as any child born abroad or in the United States with two foreign citizen parents. The only means by which these children born abroad could acquire citizenship was by automatic naturalization due to having one or both U.S. citizen parents in accordance with the newer U.S. Immigration and Naturalization Acts providing the authority for automatically naturalizing such children retroactively at birth.
“If either of your parents were not US citizens, then the paperwork would have served to ‘naturalize’ you as a US citizen born overseas.”
All children born abroad acquire U.S. citizenship only by naturalization: United State v. Wong Kim Ark, 169 U.S. 649, 18 S.Ct. 456, 42 L.Ed. “A person born out of the jurisdiction of the United States can only become a citizen by being naturalized....”
“Natural born status is based upon inheritance, not birthplace. Birthplace brakes the tie when parents are not citizens of the same country.”
Wrong, because Anglo-American jurisprudence since before the 13th Century has required jus soli, jus sanguine, and exclusive allegiance to the sovereign to be a natural born citizen.
“Also... a US military base IS considered US soil.”
Wrong, that is a myth and total nonsense.
“Cruz is NOT a natural born citizen of the US. He is wrong in saying that he is.”
Correct, Ted Cruz is a naturalized U.S. citizen by the authority of the U.S. Immigration and Naturalization Act of 1952.
“Cruz is a natural born citizen of Canada.”
Incorrect, because Ted Cruz was naturalized as what the Canadians designate as a natural born subject, although a natural born subject is in reality a person who is naturalized and to be considered as a natural born subject. The English simply got in the habit of omitting the “considered as” part of the phrasing, so now people got the wrong idea of the original and still true meaning.
Those with one citizen parent are covered in the same section of the law, separate sub-paragraph, under the heading "The following shall be nationals and citizens of the United States at birth:".
The form was required to document your birth overseas AS a US citizen. If both your parents were US citizens, then this form that was filed did not “naturalize” you as a US citizen, but rather established your status as “natural born”. If either of your parents were not US citizens, then the paperwork would have served to ‘naturalize’ you as a US citizen born overseas.
Not true. As long as the citizen parent has met the residency requirements (10 years total including 5 years after the age of 14) then they are eligible for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA)(FS-240). The process is the same (no naturalization), the form is the same, and the only difference is documentation is required to prove residency requirements were met.
Natural born status is based upon inheritance, not birthplace. Birthplace brakes the tie when parents are not citizens of the same country.
There's nothing to support your tiebreaker theory. The real question is whether citizen at birth equals natural born citizen, because they are definitely citizens at birth when one parent is a US citizen and has met the residency requirements.
Also... a US military base IS considered US soil.
That's a myth. Military parents stationed overseas have to apply for the CRBA, even when the children are born on base.
Cruz is NOT a natural born citizen of the US. He is wrong in saying that he is. Cruz is a natural born citizen of Canada.
One does not preclude the other. I don't know if Canadian law even uses the term. Canadian law has no impact on U.S. law. There has been speculation, but I haven't seen real evidence that either of his parents were ever Canadian citizens. His mother was a U.S. citizen. his father was Cuban.
We really need the "Not this **** again" guy for this post, because these questions have been debated to death here.