23 Miss. Code. R. 102-2.5

Current through October 31, 2024

Rule 23-102-2.5 - Evidences of U.S. Citizenship

A. Primary Evidence has the highest reliability. If provided, no further verification is needed. If any other level of evidence is used to verify U. S. citizenship, a second document verifying identity must be obtained.

1. The following documents may be accepted as primary proof of an individuals citizenship and identity.

a) U.S. Passport. A U.S. Passport does not have to be currently valid to be accepted as evidence of U.S. citizenship as long as it was originally issued without limitation. On an emergency basis, the passport office will issue a U.S. passport without proof of citizenship. In this instance, the passport is issued with the limitation that is valid for one (1) year rather than the usual five (5) or ten (10) years. When the holder of a passport with limitation returns to the country, he has to provide proof of citizenship to have the passport reissued without limitation. To determine if a passport was issued with limitation, compare the issuance date, with the expiration date. If the expiration date is less than five (5) years from the issuance date, the passport was issued with limitation and cannot be used as proof of citizenship. Each passport must be examined closely to determine whether or not the passport was issued with limitation. Spouses and children were sometimes included on one passport through 1980. U.S. passports issued after 1980 show only one person. Consequently, the citizenship when it was issued with a limitation. However, such a passport may be used as proof of identity. NOTE: Do not accept any passport as evidence of U.S. citizenship when it was issued with a limitation. However, such a passport may be used as proof of identity.

b) Certificate of Naturalization (N-550 or N-570). Issued by Department of Homeland Security (DHS) for Naturalization.

c) Certificate of Citizenship (N-560 or N-561). Issued by DHS to individuals who derive citizenship through a parent.

B. Secondary Evidence of citizenship is a documentary evidence of satisfactory reliability that is used when primary evidence of citizenship is not available within the reasonable opportunity period. In addition, a second document establishing identity must be presented.

1. The following documents are secondary evidence of citizenship:

a) A U.S. public birth record. A birth certificate may be issued by the State Commonwealth, territory, or local jurisdiction. The birth record must have been recorded before the person was five (5) years of age. A delayed birth record document recorded after five (5) years of age is considered fourth level evidence of citizenship.

1) The U.S. birth record should show one of the following:

(a) One of the fifty (50) U.S. States;

(b)District of Columbia;

(c) American Samoa;

(d)Swains Island;

(e) Puerto Rico (if born on or after January 13, 1941);

(f) Virgin Islands of the U.S. (on or after January 17, 1917);

(g)Northern Mariana Islands (after November 4, 1986, NMI local time); Guam (on or after April 10, 1899).

b) Verification through the Department of Homeland Security's Systematic Alien verification for Entitlements (SAVE) database to verify U.S. citizenship for a naturalized citizen when original naturalization papers are not available.

c) When a child derives U.S. citizenship from a parent and meets the requirements of the Child Citizenship Act of 2000, establish the parents U.S. citizenship and the child's legal immigration status, if applicable, through SAVE to verify the child's citizenship. Primary verification through a Certificate of Citizenship should be available if child was issued a Visa rather than a permanent resident alien card upon entry into the country.

d) Certification of Report of Birth Abroad (FS-1350). The Department of State issues a DS-1350 to U.S. citizens who were born outside the U.S. and acquired citizenship at birth, as verified by the information recorded on the FS-240,Consular Report of Birth Abroad. When the birth was recorded on the FS-240, certified copies of the Certification of Report of Birth Abroad can be obtained from the Department of State. The DS-1350 contains the same information as recorded on the current version of the Consular Report of Birth FS-240. The DS-1350 is not issued overseas and can be obtained from the Department of State in Washington D.C.

e) Consular Report of Birth Abroad of a Citizen of the United States of America (FS-240). The Department of State consular office prepares and issues this document. A Consular Report of Birth can only be prepared at an American consular office overseas, while he child is under eighteen (18). While original FS-240s are not issued within the U.S., lost or mutilated documents can be replaced through the Department of State in Washington D.C. Children born to military personal are usually issued as FS-240.

f) Certification of Birth Abroad (FS-545). Before November 1, 1990, the Department of State consulates also issued Form FS-545 along with the prior version of FS-240. In 1990, U.S. consulates ceased to issue Form-545. Treat a FS-545 the same as a DS-1350.

g) U.S. Citizen ID Card (I-197) or prior version I-179. The former Immigration and Naturalization Service (INS) issued the I-179 from 1960 until 1973. It revised the form and renumbered it as form I-197. INS issued the I-197 from 1973 to April 7, 1983. INS issued the form I-179 and I-197 to naturalized U.S. citizens living near the Canadian or Mexican Border who needed it for frequent border crossings. Although neither form is currently issued, either form that was previously issued is still valid.

h) American Indian Card (I-872) and Documents Issued by a Federally-Recognized Indian Tribe. DHS issues an American Indian Card to identify a member of the Texas Band of Kickapoos. A classification code KIC and a statement on the back denote U.S. citizenship. In addition, tribal enrollment or certificate of degree Indian Blood documents meet the citizenship requirement.

i) Northern Mariana Card. Ins issued the I-873 to a collectively naturalized citizen of the U.S. who was born in the NMI before November 4, 1986. The card is no longer issued, but those previously issued are still valid.

j) Final adoption decree. The adoption decree must show the child's name and U.S. place of birth. In situations where an adoption is not finalized and the State in which the child was born will not release a birth certificate prior to final adoption, a statement from a State-approved adoption agency that shows the child's name and U.S. place of birth is acceptable. The adoption agency must state in the certification that the source of the place of birth information is an original birth certificate.

k) Evidence of civil service employment by the U.S. government. The document must show employment by the U.S. government before June 1, 1976.

l) Official military record of service. The document must show a U.S. place of birth (for example a DD-214 or similar official document showing a U.S. place of birth.

C. Third Level Evidence of citizenship is documentary evidence of satisfactory reliability that is used when primary or secondary evidence of citizenship is not available. Third level evidence may only be used when primary and secondary evidence does not exist or cannot be obtained and the applicant/beneficiary alleges being born in the U.S. In addition, a second document establishing identity must be obtained.

1. The following are third-level evidences of citizenship:

a) An extract i.e. part(s) of one or more documents from medical records of hospital, on hospital letterhead established at the time of the persons birth and was created five (5) years before the initial application date and shows a U.S. place of birth. Do not accept a souvenir birth certificate issued by the hospital. NOTE: For children under sixteen (16), the document must have been created near the time of birth or five (5) years before the application date.

b) Life or health or other insurance record which shows a U.S. place of birth and was created at least five (5) years before the initial application. Life or health insurance records may show biographical information for the person including place of birth; the record can be used to establish U.S. citizenship when it shows a U.S. place of birth. NOTE: For children under sixteen (16), the document must have been created near the time of birth or five (5) years before the application date.

c) Religious record recorded in the U.S. within three (3) months of birth showing birth occurred in the U.S. and showing the individuals birth date or age at the time the record was recorded. The record must be an official record with a religious organization. In questionable cases, i.e. religious document recorded near an international border, the religious record must be verified and/or verify that the mother was in the U.S. at the time of birth. NOTE: Entries in a family Bible are not considered religious records.

d) Early school record showing a U.S. place of birth. The record must show the name of the child, the date of admission to the school, the date of birth (or age at the time record was created), a U.S. place of birth and the name(s) and place(s) of birth of the child's parents.

D. Fourth Level Evidence of citizenship is of lowest reliability. It should only be used in the rarest of circumstances. It is used when primary evidence is not available and both secondary and third level evidence do not exist or cannot be obtained within the reasonable opportunity period and the applicant alleges a U.S. place of birth. In addition, a second document establishing identity must be obtained. Accept any of the following documents as fourth level evidence of U.S. citizenship if the document meets the listed criteria, the applicant/beneficiary alleges U.S. citizenship and there is nothing indicating the person is not a U.S. citizen or lost U.S. citizenship. Fourth level evidence consists of documents established for a reason other than to establish U.S. citizenship and showing a U.S. place of birth. The U.S. place of birth on the document and documented place of birth on the application must agree. The written affidavit may be used only when the specialist is unable to secure evidence of citizenship in any other chart.

1. The following are fourth level verifications:

a) Federal or State census record showing U.S. citizenship or a place of birth (generally for persons born 1900 through 1950). The census record must also show the applicants age. NOTE: Census records from 1900 to 1950 contain certain citizenship information. To secure this information for the applicant, beneficiary, or State complete Form BC-600, Application for Census records for Proof of Age. ADD in the remarks portion U.S. citizenship data requested. Also, add that the purpose is for Medicaid eligibility. This form requires a fee.

b) Other Documents. To be valid, the documents in this section must have been created at least five (5) years before the application for Medicaid (or for children under sixteen (16), the document must have been created near the time of birth or five (5) years before the application date. This document must show a place of birth:

1)Senecca Indian tribal census record;

2)Bureau of Indian affairs tribal census records of the Navaho Indians;

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

4)A delayed U.S. public birth record that is recorded more than five (5) years after the persons birth;

5)Statement signed by the physician or midwife who was in attendance at the time of birth.

c) Medical (clinic, doctor or hospital) record and was created at least five (5) years before the initial application date (for children under sixteen (16), record was created near time of birth or five (5) years before application date) and indicates a U.S. place of birth. Medical records generally show biographical information for the person including place of birth; the record can be used to establish U.S. citizenship when it shows a U.S. place of birth.

1) Immunization records maintained by the family or school are not considered a medical record for purposes of establishing U.S. citizenship. However, such records maintained by a clinic, doctor or hospitals are considered medical records. Institutional admission papers from a nursing home, skilled nursing facility or other institution that were created at least five (5) years before the initial application date and indicate a U.S. place of birth.

d) Written Affidavit. Written affidavits may be used as fourth level evidence only in rare circumstances when no other acceptable evidence of citizenship is available.

1) The affidavits may be used for U.S. citizens, including naturalized citizens.

2) Affidavits must be supplied by the applicant/recipient and at least two (2) additional individuals, one of whom is not related to the applicant or recipient.

3) Each of the two (2) additional individuals must attest to having personal knowledge of the event(s) establishing the applicants or recipients claim of citizenship.

4) The individuals providing supporting affidavits must be able to prove their own U.S. citizenship and identity for the affidavit to be accepted.

5) The applicant/recipient (or guardian or representative for a child) also submits a separate affidavit explaining why other documentary evidence is not available.

6) Affidavits are signed under penalty of perjury, but do not have to be notarized.

7) For a child, an affidavit cannot be used to verify both identity and citizenship.

E. If the document used to verify U.S. citizenship indicates the individual was born in Puerto Rico, the Virgin Islands of the U.S., or the Northern Marinara Islands before these areas became part of the U.S., the individual may be a collectively naturalized citizen. Collective naturalization occurred on certain dates listed for each of the territories.

1. Puerto Rico. Evidence of birth in Puerto Rico on or after April 11,1899, and the applicant/beneficiary's statement that he or she was residing in the U.S. possession of Puerto Rico on January 13, 1941 or evidence that the applicant/beneficiary was a Puerto Rican citizen and the applicant/beneficiary's statement that he or she did not take an oath of allegiance to Spain.

2. U.S. Virgin Islands. Evidence of birth in the U.S. Virgin Islands and the applicant/beneficiary's statement of residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927. The applicant/beneficiary's statement indicating resident in the U.S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a 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/beneficiary's statement indicating residence in the U.S., a U.S. possession or territory or the Canal Zone on June 28, 1932.

3. Northern Mariana Islands (NMI), formerly part of the trust territory of the Pacific Islands (TTPI. Evidence of birth in the NMI, the U.S., or a U.S. territory or possession on November 3, 1986 (NMI local time) and the applicant/beneficiary'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 since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975 and the applicant/beneficiary's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI l local time); or evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant/beneficiary'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.

23 Miss. Code. R. 102-2.5

42 CFR §435.407 (Rev. 2007).