(1)Subject to the provisions of this section, the wife of a British subject shall be deemed to be a British subject, and the wife of an alien shall be deemed to be an alien.
- All Canadian citizens would have automatic right of entry to Canada.
- As a rule, immigrants (including those from the Commonwealth) would not qualify for full citizenship until they had been resident in Canada for five years and had taken out citizenship papers. However, immigrants who were already British subjects would not lose their existing rights, including the right to vote after they had resided in Canada for only one year.Immigrants who had served in the Canadian armed forces during the First or the Second World War would qualify for naturalization after only one year.
- Married women would be given full authority over their nationality status.
- Citizenship would be lost under certain circumstances, such as the adoption of citizenship of another country. (Canada did NOT allow dual citizenship.)
- Provision would be made for instruction in the rights and responsibilities of citizenship and for appropriate citizenship ceremonies, including a revised oath of allegiance.
Once Rafael and Eleanor arrived in Canada they used their mathematics skills and previous experience to start a seismic mapping company called R.B. Cruz and Associates which serviced the oil industry in Alberta. Once Eleanor received her citizenship in 1969 after their first full year in Canada, they got married so that Rafael could also get his Canadian Citizenship. In 1970, as Rafael B. Cruz has so often claimed, he obtained his Canadian citizenship. Keep in mind that it was IMPOSSIBLE to get Canadian Citizenship without first living there for at least FIVE (5) years (Bullet 2 above). So how did Rafael get Canadian Citizenship in less than 3 years as he claims? There is only ONE WAY he could have achieved that, and that is by marrying a Canadian citizen, one Eleanor Elizabeth Wilson, allowing him to become a citizen 1 year after they were married in 1969. Canadian voter rolls after that time period show that both Eleanor and Rafael were registered to vote, which would be impossible if they were not citizens. These are undeniable facts. (Again, all of these events by Rafael should have generated entries into his US A-File.)
- At the time of Ted’s birth neither parent was a citizen of the United States. Both had become Canadian Citizens. Rafael had never been and Eleanor gave up her US citizenship in England.
- When applying to become a Canadian Citizen, applicants must take an ‘Oath Allegiance’ renouncing any previous citizenship.
- Canada allows American immigrants living in Canada ONE (1) year to file a Consular Record of Birth Abroad (CBRA) after which if the consulate has not received the CBRA, then Canada will permanently grant any child born on Canadian soil exclusive Canadian citizenship. That child will not have citizenship in any other country.
- If Ted is a US citizen then there would be a CBRA on record in both the USA and Canada. Producing that would end any question about his citizenship.
- The Canadian Citizenship Act of 1947 explicitly forbids dual citizenship under any circumstance. If you are a Canadian citizen by naturalization or birth, you could not be a citizen of any other country
- Rafael and Eleanor were both registered to vote in Canadian elections.
- If Rafael maintained his contact with USCIS, the birth of his son Ted would have generated an A-File entry.
- In order to enter the U.S., Ted would have had to have been documented as either a Canadian or United States citizen. If not then he would be considered an illegal alien. If Ted was claimed as Rafael’s son, an entry would have been entered into Rafael’s A-File.
- If Ted entered the USA legally as a Canadian citizen which he was, then an A-Number and an A-File would have been generated for him.
- If Eleanor had retained her U.S. citizenship, she would have had to fill out paperwork documenting her Canadian husband. This would have been entered into his A-File.
- Rafael B Cruz would have needed to re-apply and receive Lawful Permanent Resident Status in 1975 when he returned to the U.S. as a Canadian Citizen which would be in his A-File.
- Rafael B Cruz maintained his Canadian citizenship until 2005. As a foreign national he would have had to update his status annually with USCIS which should have generated A-File documentation.
- Rafael B Cruz became a naturalized United States citizen in 2005. According to the USCIS, he would have had to send copies of a number of documents requested under the Document Checklist for Form N-400, Application for Naturalization, as well as submitting a rather lengthy form which currently Totals 21 pages. He may also have filed a form G-28 Notice of Entry of Appearance as Attorney or Representative which would be a part of his A-File.
- The 2005 Application for Naturalization would require documents such as proof that all earlier marriages ended which would have required the submission of divorce decree(s), annulment(s), or death certificate(s), and all correspondence with the IRS regarding any failure to file any income tax return since becoming a Lawful Permanent Resident (which would presumably have also applied to the years he was in Canada).
- Section 349 of the U.S. Immigration and Nationality Act which stipulates that American citizens who swear allegiance to another country automatically lose their American citizenship. If Ted’s mother applied for British and/or Canadian citizenship then she would have had to swear allegiance to another country in doing so. She would have lost her US citizenship.
- Article II of the US constitution says about natural born Citizen “enjoin sole allegiance”, which means anyone born in the U.S. is "subject to the jurisdiction" and is a Citizen. Where "subject to the jurisdiction" means a full and complete jurisdiction meaning "NOT OWING ALLEGIANCE TO ANY ONE ELSE. THAT IS WHAT IT MEANS" This is an exact quote, those are the words of the man who wrote most of the 14th Amendment - Lyman Trumbull. The United States never intended to allow dual citizenship either and it is clear that you must be born on US soil of TWO US citizens to be ‘natural born’ and cannot have ALLEGIANCE to Canada.
Cruz’s mother on the Canadian voter list
The UnConstitutionality of Citizenship by Birth to Non-Americans
US Citizenship is not ‘automatic’.
Donald Trump may have the best standing to bring a lawsuit against Rafael Edward Cruz.