You initially said that if a certain foreign born person didn't have a CRBA, then he's not a citizen. At a later point you said that if he didn't have a CRBA, but had a Certificate of Citizenship, he would be a citizen.
I think those are conflicting statements. One amounts to "no CRBA, no citizenship," the other allows an alternative to CRBA. You don't see those two positions as inconsistent, and by golly, I am not about to argue the point with a person who sees those two positions as consistent.
-- You do realize that Cruz had the option of not applying for US citizenship. --
Your question assumes your conclusion as to our difference. You say that citizenship depends on applying, I say that certification depends on applying.
Assume for the sake of argument there is no CRBA and no passport and no Certificate of Citizenship. The person is not a citizen, says you. So, years elapse, and for some reason the person decides to "apply for citizenship" using the Certificate of Citizenship approach. The examiner finds everything in order and grants a Certificate of Citizenship. Question: when did the applicant acquire citizenship?
The relevant statute says ...
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 ...
“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 ...”
But only after securing U.S. diplomatic recognition of the U.S. citizenship after the occurrence of the birth.
You are making things up again. FYI: You have up to five years to get a CRBA. After that you must pursue a different avenue.
Your question assumes your conclusion as to our difference. You say that citizenship depends on applying, I say that certification depends on applying.
The burden of proof is on the applicant. You have to provide various documents to substantiate your claim. There is no presumption that you are eligible for derivative citizenship.
Assume for the sake of argument there is no CRBA and no passport and no Certificate of Citizenship. The person is not a citizen, says you. So, years elapse, and for some reason the person decides to "apply for citizenship" using the Certificate of Citizenship approach. The examiner finds everything in order and grants a Certificate of Citizenship. Question: when did the applicant acquire citizenship?
Upon approval. Do you think we make people citizens retroactively and require them to file tax returns for all the years prior to acquiring citizenship? Do you think that laws involving inheritance, survivor benefits, etc. can be applied retroactively now that one is a citizen? Nice try.