Cal. Code Regs. Tit. 2, div. 2, ch. 1, art. 3.1, subart. 3, List A

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
List A

A person who is a citizen or national of the United States.

A.Primary Evidence

* A birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, Swain's Island or the Northern Mariana Islands, unless the person was born to foreign diplomats residing in the United States. If applicant was born in Puerto Rico, the U.S. Virgin Islands or the Northern Mariana Islands before these areas became part of the U.S., the applicant may be a collectively naturalized citizen--see Paragraph C below;

* United States passport (except limited passports, which are issued for periods of less than five years);

* Report of birth abroad of a U.S. citizen (FS-240) issued by the Department of State to U.S. citizens;

* Certificate of Birth (FS-545) issued by a foreign service post or Certification of Report of Birth (DS-1350) issued by the Department of State, copies of which are available from the Department of State;

* Certificate of Naturalization (N-550 or N-570) issued by the INS through a Federal or State court, or through administrative naturalization after December 1990 to individuals who are individually naturalized; the N-570 is a replacement certificate issued when the N-550 has been lost or mutilated or the individual's name has been changed;

* Certificate of Citizenship (N-560 or N-561) issued by the INS to individuals who derive U.S. citizenship through a parent; the N-561 is a replacement certificate issued when the N-560 has been lost or mutilated or the individual's name has been changed;

* United States Citizen Identification Card (I-197) issued by the INS until April 7, 1983, to U.S. citizens living near the Canadian or Mexican border who needed it for frequent border crossings (formerly Form I-179, last issued in February 1974);

* Northern Mariana Identification Card issued by the INS to a collectively naturalized citizen of the U.S. who was born in the Northern Mariana Islands before November 3, 1986;

* Statement provided by a U.S. consular officer certifying that the individual is a U.S. citizen (this is given to an individual born outside the U. S. who derives citizenship through a parent but does not have an FS-240, FS-545 or DS-1350); or

* American Indian Card with a classification code "KIC" and a statement on the back (identifying U.S. citizen members of the Texas Band of Kickapoos living near the U.S./Mexican border).

B.Secondary Evidence

If the applicant cannot present one of the documents listed in A above, the following may be relied upon to establish U.S. citizenship or nationality:

* Religious record recorded in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917); American Samoa, Swain's Island or the Northern Mariana Islands (unless the person was born to foreign diplomats residing in such a jurisdiction) within three months after birth showing that the birth occurred in such jurisdiction and the date of birth or the individual's age at the time the record was made;

* Evidence of civil service employment by the U.S. government before June 1, 1976;

* Early school records (preferably from the first school) showing the date of admission to the school, the child's date and place of birth, and the name(s) and place(s) of birth of the parent(s);

* Census record showing name, U.S. citizenship or a U.S. place of birth, and date of birth or age of applicant;

* Adoption Finalization Papers showing the child's name and place of birth in one of the 50 States, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, Swain's Island or the Northern Mariana Islands (Unless the person was born to foreign diplomats residing in such a jurisdiction) or, where adoption is not finalized and the state or other jurisdiction listed above in which the child was born will not release a birth certificate prior to final adoption, a statement from a state-approved adoption agency showing the child's name and place of birth in one such jurisdiction (NOTE: the source of the information must be an original birth certificate and must be indicated in the statement); or

* Any other document that establishes a U.S. place of birth or in some way indicates U.S. citizenship (e.g., a contemporaneous hospital record of birth in that hospital in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, Swain's Island or the Northern Mariana Islands, (unless the person was born to foreign diplomats residing in such a jurisdiction).

C.Collective Naturalization

If the applicant cannot present one of the documents listed in A or B above, the following will establish U.S. citizenship for collectively naturalized individuals: Puerto Rico:

* Evidence of birth in Puerto Rico on or after April 11, 1899 and the applicant's statement that he or she was residing in the U.S., a U.S. possession or Puerto Rico on January 13, 1941; or

* Evidence that the applicant was a Puerto Rican citizen and the applicant's statement that he or she was residing in Puerto Rico on March 1, 1917 and that he or she did not take an oath of allegiance to Spain.

U.S. Virgin Islands:

* Evidence of birth in the U.S. Virgin Islands, and the applicant's statement of residence in the U.S., a U.S. possession or the U. S. Virgin Islands on February 25, 1927;

* The applicant's statement indicating residence in the U.S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927 and that he or she did not make a declaration to maintain Danish citizenship; or

* Evidence of birth in the U.S. Virgin Islands and the applicant's statement indicating residence in the U.S., a U.S. possession or territory or the Canal Zone on June 28, 1932.

Northern Mariana Islands (NMI) (formerly part of the Trust Territory of the Pacific Islands (TTPI)):

* Evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. territory or possession on November 3, 1986 (NMI local time) and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time);

* Evidence of TTPI citizenship, continuous residence in the NMI prior to November 3, 1981 (NMI local time), voter registration to January 1, 1975 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or

* Evidence of continuous domicile in the NMI prior to January 1, 1974 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time). Note: If a person entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a U.S. citizen.

D. Derivative Citizenship

If the applicant cannot present one of the documents listed in A or B above, you may have derivative U.S. citizenship in the following situations:

Applicant born abroad to two U.S. citizen parents:

* Evidence of the U.S. citizenship of the parents and the relationship of the applicant to the parents, and evidence that at least one parent resided in the U.S. or an outlying possession prior to the applicant's birth.

Applicant born abroad to a U.S. citizen parent and a U.S. non-citizen national parent:

* Evidence that one parent is a U.S. citizen and that the other is a U.S. non-citizen national, evidence of the relationship of the applicant to the U. S. citizen parent, and evidence that the U.S. Citizen parent resided in the U.S., a U.S. possession, American Samoa or Swain's Island for a period of at least one year prior to the applicant's birth.

Applicant born out of wedlock abroad to a U.S. citizen mother:

* Evidence of the U.S. citizenship of the mother, evidence of the relationship to the applicant and, for births on or before December 24, 1952, evidence that the mother resided in the U.S. prior to the applicant's birth or, for births after December 24, 1952, evidence that the mother had resided, prior to the child's birth, in the U.S. or a U.S. possession for period of one year.

Applicant born in the Canal Zone or the Republic of Panama:

* A birth certificate showing birth in the Canal Zone on or after February 26, 1904 and before October 1, 1979 and evidence that one parent was a U.S. citizen at the time of the applicant's birth; or

* A birth certificate showing birth in the Republic of Panama on or after February 26, 1904 and before October 1, 1979 and evidence that at least one parent was a U.S. citizen and employed by the U.S. government or the Panama Railroad Company or its successor in title.

All other situations where an applicant claims to have a U.S. citizen parent and an alien parent, or claims to fall within one of the above categories but is unable to present the listed documentation:

* If the applicant is in the U.S., contact the local INS office for determination of U.S. citizenship;

* If the applicant is outside the U.S., contact the State Department for a U.S. citizenship determination.

E.Adoption of Foreign-Born Child by U.S. Citizen

* If the birth certificate shows a foreign place of birth and the applicant cannot be determined to be a naturalized citizen under any of the above criteria, you must obtain other evidence of U.S. citizenship;

* Since foreign-born adopted children do not automatically acquire U.S. citizenship by virtue of adoption by U.S. citizens, contact the local INS district office for a determination of U.S. citizenship if the applicant has no evidence of U.S. citizenship.

F.U.S. Citizenship By Marriage

* If a woman acquired U.S. citizenship through marriage to a U.S. citizen before September 22, 1922, submit evidence of U.S. citizenship of the husband and evidence showing the marriage occurred before September 22, 1922.

Note: If the husband was an alien at the time of the marriage and became naturalized before September 22, 1922, the wife also acquired naturalized citizenship. If the marriage terminated, the wife maintained her U.S. citizenship if she was residing in the U.S. at that time and continued to reside in the U.S.

Cal. Code Regs. Tit. 2, div. 2, ch. 1, art. 3.1, subart. 3, List A