So, as it turns out Donald Trump was actually right! Ted Cruz was not born in the United States, yet he is qualified and eligible to run for U.S. President without issue (presuming no valid political-legal challenge). Does this mean that all non-U.S. born naturalized citizens from Canada, or any other country should announce their candidacy for the U.S. President today? In short, the answer is…it depends.
Mr. Ted Cruz was born in Canada to a U.S. citizen mother and Cuban citizen father. When Ted Cruz was a minor under the age of 18, his mother filed an N-600 application on behalf of her then minor son. So, if Cruz was 6 years old, an approved N-600 application was the equivalent of being physically born in the United States. His status in the U.S. then became “natural born” and not “naturalized”.
In contrast, an N-400 application is filed directly by a non U.S. Permanent Resident on behalf of his or her self. Upon approval of an N-400 application, a foreign national is now “naturalized” as a U.S. Citizen.
Key Take Away Points for You and Your Family
- If one’s child is a foreign national minor under the age of 18 with a U.S. citizen parent it is advantageous to file the N-600 on behalf of the child so, like Ted Cruz, they are classed as “natural born” and not “naturalized”. Becoming eligible to run for U.S. president is but one of a few advantages your child could have in natural born status.
- “Consular Birth” is to be distinguished and not discussed in this short blog article. However, if you or someone you know is military or stationed abroad for “government reasons”, it is important to understand how to get a Consular issued Birth Certificate on behalf of your ‘new born’ while still stationed abroad.
Our attorneys are members of the American Immigration Lawyers’ Association (“AILA”) with 20 years of experience in U.S. Immigration matters. We are standing by to answer questions on behalf of you and your family. We serve clients throughout the United States and abroad. Our offices are located in Washington D.C. , Virginia and Maryland. You may email [email protected] or go to www.vasselllaw.com to fill out a request for a free 20 min consult and call our office.
Vassell & LeeRC Law Group