5011-2        DOCUMENTING UNITED STATES CITIZENSHIP

5011-2 A.   ACCEPTABLE DOCUMENTATION

Verification of citizenship and identity must be obtained from original documents or certified copies from the issuing agency, unless verification is obtained through the Bureau of Vital Statistics (BVS) or Permanent Fund Dividend (PFD) interface as described below.  An agency staff member or out-stationed staff will make a photocopy of the documents for the case file and stamp or note on the copy that an original or a certified copy was seen.  A DPA-contracted fee agent may also verify and note on the photocopy that an original or certified copy was seen.  Uncertified copies, including notarized copies are not acceptable.   

Although some documents contain a statement, “DO NOT COPY”, DPA staff may copy and file these documents in the case file for the official purpose of establishing Medicaid eligibility.  

Once a person’s citizenship is documented and recorded, it is not necessary to get proof again unless that person’s citizenship becomes questionable.

Data Matches and Interfaces:

For citizenship, verification may be obtained from a data match or online access with the Bureau of Vital Statistics (BVS), or from information on the PFD interface.   

When birth information is verified through an automated data match with BVS, the EIS HERC screen will be coded with "BV" and will override any prior code.

The PFD interface may be used for individuals who applied for a PFD for the first time in 1989 or after and claim U.S. citizenship.  The PFD Division requires that an original or certified copy of a birth certificate, certificate of naturalization or other acceptable document be submitted.  When a birth certificate is received, the state of birth is recorded in the PFD data with a two letter state identifier.  The PFD interface can be accepted as verification of citizenship when all of the following information appears on the screen:

• US Citizenship (CITIZEN FLAG) is Y
   

• Place of birth (BIRTH STATE) is two digit state code
   

• Year of first application (FIRST APP YEAR) is 1989 or later

When the birth state field shows “//”, other verification of citizenship is required as this code means the individual was born in another country, for example when someone is a naturalized citizen.

If information obtained from the client, is not consistent with information from the PFD interface, additional documentation must be obtained from the client to verify citizenship.

When birth information is verified through the online BVS access look up, or the PFD interface, enter code “IN” in the verification field on the EIS HERC screen.  A screen print of the information must be placed in case file.  For BVS, the screen print must be marked “For DPA Use Only”.  These screen prints should not be copied.  

If verification is not available through the BVS or PFD interface, and there is no record that an original or certified copy was seen, this documentation must be requested from the applicant or recipient.

• For Applications:

Verification must be obtained prior to authorizing benefits for an application.  If verification is not available through BVS or the PFD interface, it must be requested.

• For Reviews:

The individual must be making a good faith effort to obtain verification of U.S. citizenship and identity before benefits are authorized.   

Levels of Acceptable Documents:
 

The list below provides allowable documentation for verifying U.S. citizenship and identity.  There are four levels of verification listed in order of preference.  If a higher level document is not available, a lower level may be used.

Level One:  Acceptable for Both Proof of Citizenship and Identity

• State Data Exchange (SDX) interface for a former SSI recipient;
   

• A U.S. Passport;
   

• A Certificate of Naturalization  (Forms N-550 or N-570); or
   

• A Certificate of U.S. Citizenship (Forms N-560 or N-561).

Level Two:  Acceptable for Proof of Citizenship:  (Must have an additional form of identity verification.)

• Verification of birth through a Bureau of Vital Statistics (BVS) online access or an electronic BVS data match;
   

• A U.S. birth certificate showing birth in one of the 50 States, the District of Columbia, Puerto Rico (if born on or after January 13, 1941), Guam (on or after April 10, 1899), the Virgin Islands of the U.S. (on or after January 17, 1917), American Samoa, Swain’s Island, or the Northern Mariana Islands (after November 4, 1986) recorded before 5 years of age;
   

• A Certification of Report of Birth (Forms FS-545 or DS-1350);
   

• A Report of Birth Abroad of a U.S. Citizen (Form FS-240);
   

• A U.S. Citizen I.D. Card (Forms I-179 or I-197);
   

• An American Indian Card (I-872) issued by the Department of Homeland Security with the classification code “KIC”;
   

• A Northern Mariana Identification Card (Form I-873);
   

• A final adoption decree showing the child’s name and U.S. place of birth;
   

• Evidence of U.S. Civil Service employment before June 1, 1976;
   

• U.S. Military Record showing a U.S. place of birth, such as a DD-214, or similar official document that shows a U.S. place of birth; or
   

• Evidence of meeting the automatic criteria for U.S. citizenship under  the Child Citizenship Act of 2000.  See subsection 5011-2 B.
  
   

Level Three:  (Must have an additional form of identity verification.)  

Level three documents are allowed when both primary and secondary verification is not available and include:

• For individuals who are age 16 or older, an extract of a hospital birth record on hospital letterhead established at the time of the person’s birth that was created five years before the initial application date and that indicates a U.S. place of birth.  This may also include medical records of post-natal care.   For children under age 16, the document must have been created near the time of birth or five years before the date of application;   

Note:  

A souvenir birth certificate issued by a hospital is not acceptable verification

• Life, health, or other insurance record showing a U.S. place of birth that was created at least five years before the initial application date and that indicates a U.S. place of birth.  For children under age 16, the document must have been created near the time of birth or five years before the date of application;  
   

• Religious record recorded in the U.S. within three months of birth showing the birth occurred in the U.S. and showing either the date of the birth or the individual's age at the time the record was made.  The record must be an official record, such as a baptismal certificate that is recorded with the religious organization.  This does not include entries in a family bible; or
   

• Early school record showing a U.S. place of birth.  The school record must show the name of the child, the date of admission to the school, the date of birth, a U.S. place of birth, and the names(s) and place(s) of birth of the applicant's parents.

Level Four:  (Must have an additional form of identity verification.)

Level four documents are allowed when first, second and third level verification is not available and include:

• One of the following documents that shows a U.S. place of birth and was created at least five years before the application for Medicaid  For children under 16, the document must have been created near the time or birth or 5 years before the date of application:

• Seneca Indian tribal census record;
   

• Bureau of Indian Affairs tribal census records of the Navajo Indians;
   

• U.S. State Vital Statistics official notification of birth registration;
   

• A delayed U.S. public birth record that is recorded more than five years after the person’s birth;
   

• Statement signed by the physician or midwife who was in attendance at the time of birth;
   

• Medical (clinic, doctor, or hospital) record created at least five years before the initial application date that indicates a U.S. place of birth.
   

• Federal or State census record showing U.S. citizenship or a U.S. place of birth;
   

• The Roll of Alaska Natives maintained by the Bureau of Indian Affairs.  The Roll only contains information of individuals who were born prior to December 18, 1971.  Using a release of information, staff may contact the Bureau of Indian Affairs to request information and documentation on the individual from the Roll;
   

• Institutional admission papers from a nursing facility, skilled care facility or other institution created at least 5 years before the initial application date that indicates a U.S. place of birth; or

As a Last Resort:

• A written declaration made by at least two individuals of whom one is not related to the applicant/recipient and who have personal knowledge of the event(s) establishing the applicant’s or recipient’s claim of citizenship.  If known, the declaration should also explain why documentary evidence establishing the applicant’s claim of citizenship does not exist or cannot be readily obtained.  The person(s) making the declaration must be able to provide proof of his/her own citizenship and identity for the declaration to be accepted.  
  
  A separate declaration is needed from the applicant or recipient, or other knowledgeable individual (guardian or representative) explaining why the evidence does not exist or cannot be obtained.   The declarations must be signed under penalty of perjury.

Acceptable Proof of Identity:  (Must have an additional verification of citizenship.)

• A driver’s license issued by a state or territory with a photograph of the individual or other identifying information such as name, age, sex, race, height, weight, or eye color.  A  voter's registration card or Canadian driver's licenses are not acceptable verification;
   

• Identification card issued by the federal, state, or local government with the same information included on driver’s licenses listed above;
   

• Certificate of Degree of Indian Blood, or other U.S. American Indian/Alaska Native Tribal document with a photograph or other personal identifying information relating to the individual;
   

• School identification card with a photograph of the individual;
   

• U.S. military card or draft record;
   

• Military dependent’s identification card;
   

• U.S. Coast Guard Merchant Mariner card; or
   

When no Other Identity Document is Available:

• Three or more documents that together reasonably confirm the identity of an individual, such as employer identification cards, high school and college diplomas from accredited institutions (including general education and high school equivalency diplomas), marriage certificates, divorce decrees and property deeds/titles.  The documents must list the individual's name, plus any additional information establishing the individual's identity and must have consistent identifying information.  This form of identity may not be used when U.S. citizenship is documented under level four.
   

Identity for Children Under age 16:
 

• Clinic, doctor or hospital record;
   

• School records, which may include nursery or daycare record and report cards. Verification of  these records must be made with the issuing school; or
   

• A Medicaid application, or a declaration that states the date and place of the child’s birth that is signed by a parent, guardian, or caretaker relative under penalty of perjury. The Medicaid application or an identity declaration may be used for children under age 18 in limited circumstances, such as when school ID cards and drivers' licenses are not available to the individual in their locality.

Identity for Disabled Individuals in Institutional Care:

• A declaration signed under penalty of perjury by a residential care facility director or administrator on behalf of the individual in the facility when the individual does not have or cannot get any of the documentation listed above.  

Note:  

A declaration for identity may not be accepted if a declaration for citizenship was provided.

5011-2 B.   CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES

Effective February 27, 2001, 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; pursuant to a lawful admission for permanent residence.
    

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. citizen parent and proof that the child is lawfully admitted into the U.S.  Parents of a foreign born child who meet the conditions of the new law should be encouraged to apply for a certificate of citizenship for their child with the USCIS U.S. Citizenship and Immigration Services and/or for a passport for their child with the Department of State.

5011-2 C.   FOREIGN BORN CHILDREN ADOPTED BY U.S. CITIZENS

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

Once a U.S. citizen, the five-year bar 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 bar.  

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.