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Chapter: 1460 Technical Requirements Program: RAP 30

1. both parents are U.S. citizens and at least one parent resides in the U.S. or a U.S. territory before the birth of the child; or 2. one parent is a citizen and the other is a noncitizen at the time of the child's birth. (Individuals claiming citizenship under this provision must be referred to USCIS to obtain a formal determination of their citizenship.)

Children become U.S. citizens after birth when all the following conditions are met:

1. one parent is a U.S. citizen by birth or naturalization, 2. the child in under age 18, or was under 18 on February 27, 2001, 3. the child is/was residing in the U.S. in the legal and physical custody of the U.S. citizen parent(s), and 4. the child has a qualified noncitizen status. 1460.0103 Verification Sources for U.S. Citizens (RAP) The individual’s verbal or written statement of date and place of birth must be accepted if they were born in the United States (U.S.) unless the information is questionable. This policy applies to all individuals claiming U.S. citizenship, including those who are naturalized and those born abroad to U.S. citizens.

If questioned, U.S. citizenship must be verified. Sources of verification include:

1. Birth or hospital certificates showing U.S. birth (except for voided Puerto Rican birth certificates after September 30, 2010), 2. Form I-197 (U.S. Citizen I.D. card), 3. Religious documents recorded in the U.S. shortly after birth, 4. SSA records, 5. U.S. passport, 6. Certificate of Citizenship or Naturalization. 1460.0104 Noncitizens (RAP) Noncitizens may qualify for the Refugee Assistance Program based on their status granted by U.S. Citizenship and Immigration Services (USCIS). The following sections discuss different types of noncitizens and their eligibility. 1460.0105 Qualified Noncitizens (RAP) Qualified noncitizens are defined as noncitizens who meet at least one of the following sections of the Immigration and Nationality Act. 1460.0106 Lawful Permanent Resident (RAP) A lawful permanent resident (LPR) is a noncitizen who lawfully immigrates to the United States and has permission to live and work in the U.S. Most LPR’s entering after 8/22/96 are subject to the a five year. However, certain LPR’s may be eligible for the Refugee Assistance Program based of their noncitizen status without a five year ban if they entered the U.S. based upon a prior status as:

1. Refugee status under section 207 of the Immigration and Nationality Act (INA). Eligible for four months beginning with their date of entry into the U.S. 2. Asylee status under section 208 of the INA. Eligible if within first four months from the date asylum was granted. 3. Amerasian. Eligible if from Vietnam and within four months from date of entry.