Here is the link to Ted Cruz's mother's Delaware Birth Certificate. I worked for the Social Security Administration for 34 years and this document is not acceptable. An acceptable record of birth must be a certified copy. It must be stamp and signed showing who, when, and where it was issued. It must also be issued by the appropriate agency and /or bureau. The Program Operations Manual System (POMS) are the operating instructions for the Social Security Administration. See the definition of certified copy below.
Also shown below is information from Delaware.gov showing that the appropriate custodian would be the Delaware Public Archives. After 72 years, birth records become a public record. This means that any journalist can request a proper certified copy and find out if the copy issued by Cruz's campaign is accurate.
The other problem with the birth certificate for Cruz's mother is that several entries were made with what appears to be a ball point pen and the rest by a fountain pen. Ballpoint pens were not in common usage until after WWII and his mother was born in 1934. The following fields appear to have been added by a different person at a different time and with a different pen:
· full name of child
· Father and Mother's names, color, and ages
· Child's date of birth
These fields are printed and the rest of the document are done in cursive.
The signature of the parents also appear to be completed with a ballpoint rather than a fountain pen.
The other problem is that the address for the parents do not match. One shows 7th St. and the other shows 17th St. And is it N or W 7th or 17th street.
I checked google and found that the proper form for use in Delaware is called State of Delaware, Bureaus of Vital Statistics, Certificate of Birth. The last three images I have attached are examples. However, the document provided by Ted Cruz is titled, State of Delaware, Standard Certificate of Birth. This coincidentally matches a blank birth certificate that is available on the internet thanks to the federal Bureau of the Census, which I have attached as the first document. It is titled Standard Certificate of birth. The second image I have attached is a an example of what an acceptable certified record should look like.
Program Operations Manual System (POMS)
GN 00301.030 Acceptability of Documentary Evidence
A. Acceptable documentary evidence
3. Certified photocopy
A certified photocopy is a photocopy of the original document in the custodian's possession to which the custodian affixes a signature, stamp, or seal with a statement attesting to the accuracy of the photocopy.
1. Claimant submits evidence
A claimant must submit the original record or a custodian certified photocopy or extract of the original record. The record custodian must affix a signature, stamp, or seal to the photocopy or extract attesting to the accuracy of the document. An electronically certified copy is not acceptable when we require a certified document.
- Accept an uncertified photocopy from the claimant, only if he or she submits the original along with the photocopy. Compare the photocopy with the original to examine it for authenticity and alterations. For acceptability of photocopies of W-2s (Wage and Tax Statement) and tax returns, see GN 00301.030B.4.
- Always ask for preferred evidence to establish a factor of entitlement, if it exists.
The Delaware Public Archive
http://archives.delaware.gov/collections/vital.shtml
" Delaware law indicates that once a birth record reaches 72 years of age and marriage and death records 40 years of age, they then become (open to the) public. "
http://archives.delaware.gov/aboutagency.shtml
"The Archives houses birth records which are more than 72 years old, and marriage, and death records which are more than 40 years old. (More recent records are maintained by the Office of Vital Statistics)."I worked for the Social Security Administration for 34 years and this document is not acceptable. An acceptable record of birth must be a certified copy. It must be stamp and signed showing who, when, and where it was issued. It must also be issued by the appropriate agency and /or bureau. The Program Operations Manual System (POMS) are the operating instructions for the Social Security Administration. See the definition of certified copy below.
Also shown below is information from Delaware.gov showing that the appropriate custodian would be the Delaware Public Archives. After 72 years, birth records become a public record. This means that any journalist can request a proper certified copy and find out if the copy issued by Cruz's campaign is accurate.
The other problem with the birth certificate for Cruz's mother is that several entries were made with what appears to be a ball point pen and the rest by a fountain pen. Ballpoint pens were not in common usage until after WWII and his mother was born in 1934. The following fields appear to have been added by a different person at a different time and with a different pen:
· full name of child
· Father and Mother's names, color, and ages
· Child's date of birth
These fields are printed and the rest of the document are done in cursive.
The signature of the parents also appear to be completed with a ballpoint rather than a fountain pen.
The other problem is that the address for the parents do not match. One shows 7th St. and the other shows 17th St. And is it N or W 7th or 17th street.
I checked google and found that the proper form for use in Delaware is called State of Delaware, Bureaus of Vital Statistics, Certificate of Birth. The last three images I have attached are examples. However, the document provided by Ted Cruz is titled, State of Delaware, Standard Certificate of Birth. This coincidentally matches a blank birth certificate that is available on the internet thanks to the federal Bureau of the Census, which I have attached as the first document. It is titled Standard Certificate of birth. The second image I have attached is a an example of what an acceptable certified record should look like.
Program Operations Manual System (POMS)
GN 00301.030 Acceptability of Documentary Evidence
A. Acceptable documentary evidence
3. Certified photocopy
A certified photocopy is a photocopy of the original document in the custodian's possession to which the custodian affixes a signature, stamp, or seal with a statement attesting to the accuracy of the photocopy.
1. Claimant submits evidence
A claimant must submit the original record or a custodian certified photocopy or extract of the original record. The record custodian must affix a signature, stamp, or seal to the photocopy or extract attesting to the accuracy of the document. An electronically certified copy is not acceptable when we require a certified document.
- Accept an uncertified photocopy from the claimant, only if he or she submits the original along with the photocopy. Compare the photocopy with the original to examine it for authenticity and alterations. For acceptability of photocopies of W-2s (Wage and Tax Statement) and tax returns, see GN 00301.030B.4.
- Always ask for preferred evidence to establish a factor of entitlement, if it exists.
The Delaware Public Archive
" Delaware law indicates that once a birth record reaches 72 years of age and marriage and death records 40 years of age, they then become (open to the) public. "
"The Archives houses birth records which are more than 72 years old, and marriage, and death records which are more than 40 years old. (More recent records are maintained by the Office of Vital Statistics)."
"CRUZ PRODUCES MOTHER'S BIRTH CERTIFICATE IN RESPONSE TO LAWSUIT TALK"
To Prove his citizenship, Ted Cruz has two options:
- Submit the original or certified copy Consular Report of Birth of a Citizen of the United States of America, or Form FS-240. His mother should obtained this at the time of birth.
- A certificate of citizenship which hecan get by Filing USCIS Form N-600(Application for Certificate of Citizenship) with the nearest USCIS office.
Senator Ted Cruz should file form N-600 & obtain Certificate of Citizenship from Homeland Security. http://www.uscis.gov/forms/n-600-application-certificate-citizenship-frequently-asked-questions
His mother needed to be both US citizen And resident. She was US citizen but not US resident. She was resident of Canada. Here is rule from USCIS policy manual. Has anyone seen her birth certificate or a Certificate of Citizenship for Senator Cruz?
....3. Child of U.S. Citizen Parent and Foreign National Parent [9]
A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:
•One parent is a foreign national and the other parent is a U.S. citizen; and
•The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.
Volume 12 –Part H –Chapter 3 – B -3 United States Citizens at Birth (INA 301 & 309)
Quote from:
"...JB Williams of the North American Law Center (NALC) wrote that he believed Cruz's mother, like his father, had become a Canadian citizen while working in the oil industry in Alberta, Canada, during the late 1960' of early 1970's.
...If his mother, who clearly worked in Canada for years and years, did so while becoming a Canadian citizen, and taking an oath, which is how you do it in Canada, then she lost her by U.S. law, specifically Section 349 of the Immigration and Nationality Act) ...
See
US Citizen Parent(s) Citizenship Concerns
- A child born abroad to two U.S. citizen parents in wedlock acquires U.S. citizenship at birth, provided that one of the parents resided in the U.S. prior to the child's birth. No specific period of time for such residence is required.
- A child born abroad to one U.S. citizen parent and one alien parent in wedlock acquires U.S. citizenship at birth, provided the citizen parent was physically present in the U.S. for the time period required by the law.
For a child born abroad to a U.S. citizen out of wedlock (or more specifics on the above situations), click here.
You should report the birth of a child abroad (outside the United States) to establish US citizenship. The birth of a child abroad (or overseas) to a U.S. citizen parent(s) should be reported as soon as possible to the nearest U.S. embassy or consulate to establish an official record of the child's claim to U.S. citizenship at birth. The official record is a Consular Report of Birth of a Citizen of the United States of America, or Form FS-240. This document, known as the Consular Report of Birth Abroad, is a basic United States citizenship document. An original FS-240 is furnished to the
parents at the time the registration is approved. A Consular Report of Birth can be prepared only at a U.S. embassy or consulate. It cannot be prepared if the child has been brought back into the United States (although a different document may be requested - see the next two paragraphs), or, if the child is 18 years of age or older at the time the application is made.
If the child returns to the U.S. without a Form FS-240 being filed, an application may be made for a Certificate of Citizenship. Obtaining this certificate involves presentation of basically the same documentation required to obtain a Consular Report of Birth. Under law, the Consular Report of Birth and the Certificate of Citizenship are equally acceptable as proof of citizenship. File USCIS Form N-600(Application for Certificate of Citizenship) with your nearest USCIS office.
A U.S. passport is also proof of citizenship. Click here for a list of the documentation needed to obtain a U.S. passport -- you will need to apply in person to the nearest U.S. passport agency.
Legal Permanent Resident (Green Card) Parents
A child born abroad of legal permanent resident (Green Card) parents may enter the U.S. without a visa provided the child is accompanied by a parent upon that parent's initial return to the U.S. within two years of the child's birth with documentation showing the parent-child relationship. If the child is not brought back to the U.S. when the parents initially enter the U.S. (following the birth) within this time period, the child must obtain an immigrant visa to enter the U.S. In this case, the legal permanent resident parent(s) must file an immigrant visa petition with the U.S. Citizenship and Immigration Services (see Green Card to Bring Child or Children to USA for Immigration on Immigrant Visa).
Request a Copy of a Consular Report of Birth
If you were born in a foreign country to a U.S. citizen parent or parents, and your parent registered your birth at a U.S. embassy or consulate in the form of a Consular Report of Birth (Form FS-240), and you would like evidence of your birth and United States citizenship, you should submit a written request which includes the following five items:
- Your full name at birth, and date and country of birth.
- Parents' full names, including mother's maiden name, and their dates and places of birth and nationality.
- A daytime telephone number.
- You or your parents' notarized signature. A legal guardian's signature is acceptable only when accompanied by a certified copy of the guardianship papers or court order of adoption.
- A $30 fee (check or money order made payable to the Department of State).
All requests should be mailed to:
Passport Services
Vital Records Section
Suite 510
1111 19th Street NW
Washington, DC 20522-1705
For detailed information on requesting Consular Reports of Birth Abroad,click here.
Establishing US Citizenship Later
If you were born in a foreign country to a U.S. citizen parent or parents and your parent did not register your birth in the form of a Consular Report of Birth FS-240, you may apply to USCIS for a Certificate of Citizenship, or to a U.S. passport agency for a U.S. passport to document your U.S. citizenship.
- If you are outside the U.S., contact your nearest U.S. Embassy or Consulate for instructions.
- If you are in the U.S. and you would like to apply for a Certificate of Citizenship, file USCIS Form N-600 (Application for Certificate of Citizenship) with yournearest USCIS office. If you would like to apply for a U.S. passport to establish your citizenship, click here for a list of the documentation needed -- you will need to apply in person to the nearest U.S. passport agency.
- Have a specific question? To help you find an answer quickly, we have placed "Ask a Visa & Immigration Lawyer" boxes on this page. Simply type a question in any of the boxes to receive a response online from a visa and immigration lawyer.
- If you are currently outside the U.S., contact the nearest U.S. Consulate or Embassy for more information.
- For advice in the U.S. on your specific situation, call the Office of Overseas Citizens Services at 202-647-5226, or the Visa Services office at 202-663-1225.
- You may also contact your nearest USCIS office, or the USCIS toll-free information service at 1-800-375-5283.
- If you would like to apply for an immigrant visa for your child, see Green Card to Bring Child or Children to USA for Immigration on Immigrant Visa
