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COMAR 10.09.24.05
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State of Maryland Medical Assistance Manual Revised July 2012
An American Indian born in Canada to whom 289 of the Immigration and Nationality Act (INA) applies.
(a) Child Born Overseas to a Citizen Parent (s) The Child Citizenship Act 2000 (Public Law 106-395) became effective February 7, 2001. This law permits foreign-born children, including adopted children, of U.S. citizens to acquire U.S. citizenship automatically without applying when they enter the U.S. legally for permanent residence, if certain requirements are met. Children who met the Act’s requirements as of the Act’s effective date automatically acquired U.S. citizenship on February 27, 2001. The applies to the following children:
Biological or legitimated children Certain children born out of wedlock to a mother who naturalizes Orphans with a full and final adoption abroad or adoption finalized in the U.S. and Adopted children meeting the two year custody requirement.
As of February 21, 2001 a child born overseas must meet the following requirements in the order to acquire U.S. citizenship automatically; Have at least one natural or adoptive parent who is; A U.S. citizen by birth or naturalization; and Has been physically present in the U.S. or its outlying possessions for a period or periods
totaling at least 5 years , at two of which are after the age of 14 (or one of the child’s
U.S. citizen grandparents meets this physical presence requirement) Younger than 18 years old and Live in the U.S. in the legal and physical custody of the U.S. citizen parent, pursuant to a lawful admission for permanent residence. If the child is adopted, the adoption must be full and final.
500.3 Qualified Aliens An alien is an individual who was not born in the U.S. and is not considered a U.S. citizen by birth or naturalization. The Personal Responsibility and Work Opportunity and Reconciliation Act of 1996 (PRWORA) was signed into law on August 22, 1996. This Act significantly changed aliens’ eligibility for MA and other federal needs- based benefits. The Act restricts the eligibility of certain legal aliens for the federal MA program. Undocumented (illegal) aliens have never been eligible for full MA benefits in a federal category just for coverage of emergency medical services (coverage group X02).