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Chapter: 1460 Technical Requirements Program: RAP 29 An application declaring the citizenship/noncitizen status must be signed under penalty of perjury for all household members applying for assistance as a condition of eligibility. The form must be signed at application and review. An adult applicant or designated representative may sign the application declaring the citizenship/noncitizen status of all members.

1460.0102 Definition of U.S. Citizenship (RAP) U.S. citizens are not eligible for the Refugee Assistance Program (RAP) except U.S. born children of refugees/entrants. Refer to Chapter 2200 on standard filing unit for eligibility of RAP- American born children.

To be considered a U.S. citizen, an individual must meet one of the following conditions:

1. be born in the U.S., D.C., or a U.S. territory, (Puerto Rico, U.S. Virgin Islands, Northern Mariana, American Samoa, Harcon Tract, Swain's Island, and Guam).

Note: If the individual was born in a former U.S. territory while it was a territory, a clarification through the Region or Circuit Program Office is required.

The individuals statement of U.S. citizenship is accepted, unless questionable. If questionable, verification is required.

2. be a naturalized citizen. An individual is a naturalized citizen when U.S. citizenship is gained after his birth either through individual naturalization, or derived from a naturalized parent.

3. be adopted by, a U.S. citizen.

A child acquires citizenship through adoption, if they meet all of the following conditions:

a. the child was adopted while under the age of 16, has been in legal custody of, and has resided with the adopting U.S. citizen parent(s) for at least two years; b. the child is under the age of 18, or was under the age of 18 on February 27, 2001; c. the child is/was residing in the United States in the legal and physical custody of the U.S. citizen parent(s); and d. the child has a qualified noncitizen status.

The child must meet all the above criteria, all at the same time, on at least one day at some point between February 27, 2001 and the present. The child must not have been married at any time on or before the day they meet all of the criteria.

Note: Proof of U.S. citizenship will not be automatically issued to eligible children.

4. be born abroad to a U.S. citizen. Individuals born abroad to a U.S. citizen and who make a written declaration of citizenship to the U.S. Counsel are considered U.S. citizens.

A child born abroad to unmarried parents may acquire citizenship at birth if one of the parents is a U.S. citizen at the time of the child's birth, and legal paternity has been established. To acquire citizenship, a child born abroad to unwed parents need only establish the mother's U.S. citizenship and her residence in the U.S. or U.S. territory prior to the birth of the child.

Citizenship acquired at birth occurs when: