Steve_McGarrett
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- Jul 11, 2013
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- #61
The child is born a citizen by statute but not born an Article 2 Section 1 natural born Citizen.Nope. Cruz was/is a naturalized citizen by statute. He was never naturally born.Nope. He's a statutory Citizen at best.But there is a document where Cruz didn't revoke his Canadian birthright/natural born citizenship until May of 2014. So, you know, lawyers can do the math..
And that has what to do with his American citizenship?
I know frankly dozens of Americans who were born with dual American and other citizenship- including one friend who was born with American and Canadian citizenship.
He is a natural born American AND Canadian citizen.
'statutory' citizen is a Birther created term.
The Constitution only notes two kinds of citizens- natural born- and naturalized.
Except earlier in the same act, Sec 301 (a) (7) we see:
SEC. 301. (a) The following shall be nationals and citizens of the United States at birth: ...
(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of w'hom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States ' or its outlying possessions for a period or periods totaling not less ' than ten years, at least five of which were after attaining the age " of fourteen years: Provided^ That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements " of this paragraph.
Immigration and Nationality Act of 1952
Sec 320, which you cite, only applies when Sec 301 does not. If the citizen parent meets the residency requirement (which Cruz's mother did), then the child is born a U.S. citizen and not naturalized.