808-1        UNITED STATES CITIZENS AND UNITED STATES NATIONALS

United States citizens and U.S.United States Nationals include the following:

1.  Individuals born in one of the 50 states, the District of Columbia, Puerto Rico, Guam, Virgin Islands, and the Northern Mariana Islands

2.  Naturalized citizens

3.  U.S.United States Nationals born in American Samoa or Swain's Island. An individual who was not born in American Samoa or Swain’s Island, but one of his or her parents were born in American Samoa or Swain’s Island, may be a U.S.United States National

4.  Foreign Born Children adopted by U.S.United States Citizens

The Child Citizenship Act of 2000 allows a foreign born child under age 18 who has been legally adopted by at least one U.S.United States citizen parent to be automatically a U.S.United States citizen when the legal adoption is finalized. Usually, a parent will be able to verify the U.S.United States citizenship of their child by producing a U.S.United States birth certificate.

Once a U.S.United States citizen, the five-year waiting period no longer applies. However, until the legal adoption is finalized, a foreign born child who arrives after 8/22/96 is subject to the 5 year waiting period.  

Effective January 1, 2004, a new entrant (IR-3) program was implemented, which focuses on newly entering orphans with full and final adoptions abroad. Under this new program, these children will automatically receive a Certificate of Citizenship within 45 days of entry into the U.S.United States

5.  Certain children born outside the U.S.United States

The Child Citizenship Act of 2000 allows a child born outside of the United States to acquire citizenship of the United States automatically when all of the following conditions have been fulfilled:

1.  At least one parent of the child is a citizen of the United States, whether by birth or naturalization;

2.  The child is under the age of eighteen years; and

3.  The child is residing in the United States in the legal and physical custody of the United States citizen parent; and

4.  The child is admitted as an immigrant for lawful permanent residence. A permanent resident card or I-551 stamp on their passport verifies this admission status.

Note:

Because proof of citizenship is not automatically issued to eligible children, parents must provide proof of the child’s relationship (such as a birth certificate) to their U.S.United States citizen parent and proof that the child is lawfully admitted into the U.S.United States Parents of a foreign born child who meet the conditions of the law should be encouraged to apply for a certificate of citizenship for their child with the USCISU.S. Citizenship and Immigration Services and/or for a passport for their child with the Department of State.

If the parent claims that the child is a lawful permanent resident and is unable to provide proof at this time, Medicaid benefits can be provided to the child under the reasonable opportunity policy, if all other eligibility factors are met. (See section 808-7).