29-250-15 Me. Code R. § 4

Current through 2024-44, October 30, 2024
Section 250-15-4 - Alternative documents to establish the legal presence of United States citizens

A person, who is a United States citizen who is unable to produce a document listed in Section 3 may present acceptable alternative documents, including the following:

A. A person born in a United States jurisdiction listed in Sections 3. B.1 - 3. B.6 may present:
1. A document issued by the United States or a jurisdiction listed in Sections 3. B.1 - 3. B.6 showing the name, date of birth and that the birth occurred in a jurisdiction listed in Sections 3. B.1 - 3. B.6, including but not limited to military discharge records, proof of civil service employment by the United States government prior to June 1, 1976, adoption papers, including court orders, and census records; or
2. A document from the Federal Bureau of Prisons or the Maine Department of Corrections, or any successor agencies, approved by the Secretary of State or the Secretary of State's designee indicating that the person was born in a United States jurisdiction listed in Sections 3.B.1 - 3.B.6.; or
3. Any other credible documentation that includes the person's name, date of birth, and that the birth occurred in a jurisdiction listed in Sections 3.B.1 - 3.B.6, including but not limited to a contemporaneously published newspaper birth announcement, hospital birth certificate or birth record, baptismal certificate, religious record or tribal record, doctor's records or other medical records of the birth, or any combination of documents that when considered together satisfy Maine's Secretary of State or the Secretary of State's designee that the person was born in a United States jurisdiction listed in Sections 3.B.1 - 3.B.6.
B. A person born outside the United States who believes they are a United States citizen through a United States citizen parent or parents may present:
1. the person's foreign birth certificate;
2. proof of the United States citizenship of the parent or parents; and
3. evidence of the applicant's legal relationship to the U.S. citizen parent or parents.

A credential issued under this subsection must be approved by Maine's Secretary of State or the Secretary of State's designee.

C. Unavailability of documents establishing birth abroad or the person's relationship to parent. The unavailability of such documentation may be established by the United States Department of State's Foreign Affairs Manual or any successor resource, or by an authentic letter or statement from an authorized representative of the country unable to produce the document advising that the document is unavailable. The applicant may then provide at least two sworn affidavits from individuals with personal knowledge of the person's birth or relationship to the parent. The affidavits must be signed and include the affiant's name, address and contact information.

29-250 C.M.R. ch. 15, § 4