Liquid Reigns
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- Feb 7, 2016
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He may acquire citizenship provided: his mother met her requirements, and then provided he met his requirements. His citizenship was presumptive until those requirements were met. His citizenship was only substantiated when he was 9 y.o.. He was naturalized via statute, the 1952 INA after meeting the requirements of section 301(a)(7)(b).Being born a presumptive citizen t.Everything you just posted agrees with everything I have stated. 1952 INA Section 301(a)(7)(b) and 8usc1431.Bellei was a U.S. citizen until he failed to secure his citizenship.
Roger v. Bellei notes numerous times that Bellei was born a U.S. citizen- but not according to the 14th Amendment.
Section 301(b), however, provides that one who is a citizen at birth under § 301(a)(7) shall lose his citizenship unless, after age 14 and before age 28, he shall come to the United States and be physically present here continuously for at least five years. We quote the statute in the margin.
It is this deprival of citizenship, once bestowed, that is under attack here.
On the first two occasions, when the plaintiff was a boy of eight and 11, he entered the country with his mother on her United States passport. On the next two occasions, when he was 15 and just under 23, he entered on his own United States passport, and was admitted as a citizen of this country
Our National Legislature indulged the foreign-born child with presumptive citizenship, subject to subsequent satisfaction of a reasonable residence requirement,
Born a citizen- even had a legitimate U.S. passport- until he failed to meet the requirements to keep his citizenship.
Bellei was a "conditional citizen", meaning his citizenship relied on the fact that he meet certain requirements in order to retain it. Cruz was born of the same situation, the only difference was that Cruz entered the US at age 4 and by age 9 his citizenship became retained (he met his residence requirements), which is also why he was issued a US Passport when he was 16 for a trip outside the US.
No "natural-born citizen" can ever have their citizenship revoked for failing to meet certain requirements. Cruz is not and never has been a "natural-born citizen", thus he is ineligible to hold the Office of the President.
As I said- Cruz was born a citizen.
He was never naturalized.
Which is why the judges who have reviewed the case have ruled him eligible.
He was born a citizen. He was presumed a citizen at birth.
He was never naturalized.
He is a natural born citizen.