Verifying Citizenship or Qualified Alien Status for Foster Care, Adoption Assistance, and Independent Living Payments 447-10-50-05

(Revised 5/15/07 ML #3087)

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The law regarding U.S. citizenship and nationality is complex.  Because the process of verifying an individual’s status as a U.S. citizen, U.S. non-citizen national, or qualified alien raises significant issues involving privacy and anti-discrimination protections, federal guidance is that no verification of an applicant’s status in this regard should be undertaken where benefits are not contingent on such status. Therefore, whenever there are indications that the child is not likely to be foster care eligible for other reasons, citizenship/qualified alien verification should not be pursued.

 

A child must be either a United States citizen by birth or naturalization, or must be a qualified alien. U.S. citizenship follows that of the child's U.S. citizen parent(s) or is established by being born in this country. Children who are in the U.S. under a visitor or tourist visa or under a student arrangement are not eligible for foster care.

 

Qualified alien status must be verified through the Immigration and Naturalization Services verification process utilizing the information on the Alien Registration Card designated as I-94.

  

The procedures to be followed for determination of citizenship/qualified alien status during the initial Title IV-E eligibility process are as follows:

 

   

STEP 1:

Request that the parent or the child’s representative complete SFN 641 indicating that the child is a U.S. citizen or an alien, and sign the form under penalty of perjury.  File this completed form in the child’s eligibility record.

STEP 2:

Request that the parent or child’s representative provide evidence of the child’s citizenship, e.g., a copy of the child’s birth certificate, hospital birth record, U.S. consular report of birth, U.S. passport, a Certificate of Citizenship, or a Certificate of Naturalization.  Keep a photocopy of such evidence in the child’s eligibility record.

STEP 3:

If the child is an alien, request that the parent or child’s representative provide a copy of a current document issued by the U.S. Immigration and Naturalization Services (INS), such as Form I-551, I-94, I-688B, or I-766. Contact the INS to verify that the immigration status is current and that it indicates citizenship or qualified alien status. Eligibility staff can very citizenship or alien status by using the Verification of Citizenship or Alien Status – Systematic Alien Verification for Entitlements (SAVE) in accordance with Service chapter 449-05-25.  Record the INS response in the child’s eligibility record.

STEP 4:

If the child is otherwise Title IV-E eligible and reimbursable, but does not meet the citizenship/qualified alien test, note this fact at the bottom (end) of SFN 870.  Also, record the citizenship status of the child and family members on SFN 641 where indicated.