Citizenship and Alienage 510-05-35-45

(Revised 1/03 ML #2833)

IM 4988 AMENDED

IM 4988 AMENDED Attachment 1

IM 4988 AMENDED Attachment 1-A

IM 4988 AMENDED Attachment 1-B

IM 4988 AMENDED Attachment 1-C

IM 4988 AMENDED Attachment 2

IM 4988 AMENDED Attachment 3

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(N.D.A.C. Section 75-02-02.1-18)

 

  1. As a condition of eligibility, applicants or recipients must be a United States citizen or an alien lawfully admitted for permanent residence.
  2. For purposes of qualifying as a United States citizen, the United States as defined in the Immigration and Nationality Act includes the 50 states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and the Northern Mariana Islands. Nationals from American Samoa or Swain’s Island are also regarded as United States citizens for purposes of Medicaid.
  3. With the exception of the children of certain diplomats, all persons born in the United States and it’s territories acquire U.S. citizenship at birth.

Individuals born abroad to U.S. citizen parent(s) may automatically be U.S. citizens at birth. Whether a person born abroad with at least one U.S. citizen parent became a citizen at birth depends on the law in effect at the time the person was born. Generally one parent (or in some cases, a grandparent) must have resided in the U.S. for a specific period of time prior to the person’s birth.

 

A child who has been adopted by a U.S. citizen and who has been admitted to the U.S. as a lawful permanent resident may automatically acquire U.S. citizenship. Likewise, children under age 18 may automatically become citizens as a result of the naturalization of one or both parents (if that parent has custody of the children). This process is known as "derivative naturalization." The law governing derivative naturalization has been changed many times, and the specific requirements differ depending upon the law in effect at the time the parent(s) naturalized. 

 

When citizenship is questionable, a record of birth abroad to U.S. citizen parent(s), if registered with a U.S. Consulate or embassy, is proof of citizenship. The individual may also have a passport on which his or her citizenship will be identified. If an individual needs additional proof of citizenship, the individual may file an "Application for Certificate of Citizenship" (Form N-600) with INS to get a Certificate of Citizenship.

  1. In the absence of evidence that an individual is a citizen or lawfully admitted alien, lawful admission can be presumed if the individual can be proven to have resided in the United States continuously since January 1, 1972, and such proof is documented and entered in the case record. Questions regarding the alien status of an individual should be directed to the nearest office of the Immigration and Naturalization Service.
  2. The Social Security Administration has already verified citizenship or qualified alien status for individuals receiving SSI, therefore, it will be unnecessary for the county agency to reestablish citizenship status. For Title II beneficiaries who applied for Title II benefits after December 1, 1996, (Title II beneficiaries with a date of entitlement after December 1, 1996, can be assumed to have applied after December 1, 1996) the Social Security Administration has verified that the individual is either a United States citizen or a lawfully admitted alien. For lawfully admitted aliens, determine if the alien is an ineligible alien or an alien who entered the United States before, or on or after August 22, 1996, and apply the appropriate policy.