Finally an American

My son and I went to the US Consulate in Toronto this morning.  It could have been awful.

Since we were unable to get his Social Security number at the SS Office in Dubois, PA (long story that ends with me storming out in tears), we had to get the boy a US Passport.  Ironically, the exact same ID we tried to use for Social Security to prove citizenship and were denied, we quite fine to get a passport.  That document would be the Consular Report of Birth Abroad.

This is a document, or more accurately a certificate, that says that your child is a US Citizen by virtue of a parent being a citizen.  This Canadian birth certificate certifies he is Canadian.  It's rather convoluted but when it all comes out in the wash, he has dual citizenship.

This led to a discussion at lunch with my Canadian husband.  I maintain that our son can never be President (not that he wants to be) because he was not born in the USA.  Hubby countered with "What about Ted Cruz?"  Well he has a point.

Senator Ted Cruz was born in Calgary, Alberta, Canada to a US Citizen mom.  He ran for President of the United States in 2016.  He is the Senator from Texas who recently beat out Beto O'Rourke in Texas for his Senate seat.  O'Rourke, of course, is now running for President himself.


Cruz claims he didn't know he was a dual citizen until 2013.  

This conversation caused me to rush home to do more research.  As it turns out, most legal scholars agree that includes an American born overseas to an American parent, such as Cruz.  Dated Dec. 22, 1970, which is about a month after his birth, it shows that Rafael Edward Cruz was born to Rafael Bienvenido Cruz, born in Matanzas, Cuba, and  Eleanor Elizabeth Wilson, born in Wilmington, Del.  This act made him an American, and being born in Calgary made him a Canadian.  My son, born in Toronto, has exactly the same "credentials", minus dad being born in Cuba.  U.S. law required at least one parent who was a U.S. citizen who had lived for at least a decade in the United States.  Mrs. Cruz and I both fit that condition.  My daughter's child might as well, but son's children will not get immediate citizenship unless he lives in the US for at least ten years.

To further complicate matters, until 1947, people born in Canada were British subjects.  This is one of the challenges to my taking dual citizenship.  My ancestors fought and died in 1776 to be free of Britain.  Can I morally swear allegiance to the monarchy?  When I talk about this to Canadian friends, they laugh it off and some are even stunned to discover that they have, by birth, sworn to uphold the Monarchy.  They say since they didn't have to swear an oath of citizenship, they didn't make that promise.  This is very telling, when it comes to why they don't "get" my reluctance to swear it.  Canada has only been independent from Britain since July 1, 1867.  The Canada Act 1982 which was passed in Britain at the request of the Parliament of Canada, ended power of the British Parliament to amend the Constitution of Canada. It also ended legislation from 1931 that gave the British parliament the general power to pass laws extending to Canada.  Technically, in my opinion, it was at that point that Canada actually became independent.  As of this writing, that was only 37 years ago.  Much too soon to have it's people develop the kind of patriotism known in fifth generation (or longer) Americans.  Heck, they've only had one Queen!  If you really want to get some Canadians riled up, just remind them Queen Elizabeth's constitutional powers over Canada were not affected by the act, and she remains Queen and Head of State of Canada.  Her assent is required on all Canadian laws.

But I digress.  Both confer citizenship automatically to anyone born on land, and to children of citizens even when the birth takes place overseas.  That's how Ted Cruz and my son ended up in this mess.  Ted's reaction was very different from my son's.

 Alberta-born Sen. Ted Cruz has given up his Canadian dual citizenship. The renunciation became official on May 14, roughly 9 months after he learned he wasn't only an American.

This seemed to help settle the political part of this conundrum.  He is now only American.  Does that also entitle him to be president?  By law, he could also be granted citizenship of Cuba. Cuba does not recognize dual (triple?) citizenship, so any other citizenships would have to be renounced to even BE Cuban.   It wouldn't be much more than some paperwork.  Because his parents never filed the form to make him officially Cuban, he dodged the bullet, although in my generation of Bay of Pigs, being Cuban is definitely worse than being Canadian.  Cruz was 4 when the family moved to Texas.

In 2006, Canada’s Liberal Party Leader Stéphane Dion — born in Quebec City and also a citizen of France.  He promised to give up his French citizenship if he became prime minister.  He didn't become Prime Minister.

The US requires its citizens to pay taxes no matter where they live in the world. Canada only taxes people who reside there.  The two countries have an agreement that taxes paid to Canada offset taxes owed to the US, to a large extent.  Everything still has to be reported to the US and taxes will be collected on things that Canada doesn't tax.  Americans can also still draw Social Security, regardless of where they live and working in Canada does "count" toward the quarters worked to earn Social Security in the US as well as the Canadian Pension Plan.  This is good news for me because I probably won't even qualify for CPP since I haven't worked much in Canada.  Another good thing about Canadian CPP is that I get credit for the years I was a stay at home mom.  

The U.S. Constitution requires a president to be a “natural born” citizen. Most of us always believed that this means being born on American soil. But Cruz was entitled to American citizenship at birth. Because of that, a strong legal consensus has emerged that Cruz is, in fact, eligible.  Ironically, that is also the fact for President Obama  Cruz's Republicans claimed he was born in Kenya, but even if he was, since his mother was American, Dr. Obama would still be eligible the same way Cruz is.   

In any event, my son is now completely and officially, an American.  He's not terribly thrilled about that, given the current political issues in the US.  Telling him he could now vote definitely brought him quickly to accept this newfound citizenship, but he still has to register for the draft.  That didn't sit well with anybody but me.    I would gladly give my life for my country.  I wonder how many of those people pushing for me to hurry up and get Canadian citizenship can say that.

My son now has the best of both.  He will have twice as much opportunity, twice as much marketability, and twice as much history.  He has my Scots/Irish/Appalachian heritage just as much as his dad's British/Ukrainian history.  

Rights of US Citizens   

Immigrant US Green Card holders have a lot of the same rights as full citizens, but not everything. 
1.  RIGHT TO TRAVEL AND LIVE OUTSIDE THE UNITED STATES
 Freedom of movement and travel is protected by the United States constitution.  A green card holder may not remain outside the United States for a period of over one year without risking loss of his green card.
2.  RIGHT TO ENTER AND LIVE IN THE UNITED STATES
A green card holder can be denied entry into the United States on any ground specified by congress. THey can also be deported.  A  citizen cannot be barred from entering the United States.
3.  DIPLOMATIC PROTECTION 
With a US  passport comes diplomatic protection.   Theoretically, if you get in trouble outside of the US, the US Government will in some way get involved if you ask.  They may not get you out of the trouble you are in, but they will at least make sure you are treated fairly. 
5.   RIGHT OF TRANSMISSION OF LEGAL RESIDENCY 

Citizens can sponsor spouses, children, and some others to come live in the US.

There are responsibilities as well.  As an American, no matter where you lay your head you are still obligated.

1.  TAXES 

A United States citizen may be subjected to income tax on all income both in the United States and throughout the world.  
2.  MILITARY SERVICE 

Male American citizens must register for military service and serve if called and qualified no matter where they reside.

3. AMENABILITY TO AMERICAN LAWS 

In some cases, American laws may apply to United States citizens living abroad as well as where they are charged.

As far as I'm concerned, American Citizenship is the best gift I could ever give my son.

research links:
https://en.wikipedia.org/wiki/Ted_Cruz
https://www.dallasnews.com/news/politics/2014/06/10/no-canada-sen-ted-cruz-has-formally-shed-his-dual-citizenship 
https://www.dallasnews.com/news/local-politics/2013/08/18/dual-citizenship-may-pose-problem-if-ted-cruz-seeks-presidency
https://www.history.com/this-day-in-history/canadian-independence-day
http://www.legislation.gov.uk/ukpga/1982/11/pdfs/ukpga_19820011_en.pdf
http://www.apsanlaw.com/law-10.Basic-Guide-on-Becoming-a-Naturalized-US-Citizen.html