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201.7 TANF MANUAL 10/18 Page 1

201.7 CITIZENSHIP AND ALIENAGE - Federal law* and state law** require anyone whose needs are considered in determining the amount of assistance for TANF be a citizen of the United States or an eligible alien. Citizenship and alien status must be verified by the local agency using documents specified in Appendix II or Appendix III in Chapter 200. Citizenship and alien status are not verified when the client meets the declaration of citizenship requirement outlined at 201.7C or when the client provides a Social Security number in order to meet the condition of eligibility requirement outlined at 201.1B.

A. Citizenship/Alienage Status

1. Citizenship - An individual is a U.S. citizen if he is:

a. born in the United States, regardless of the citizenship of his parents (Note: This does not apply to children of foreign heads of state or children of foreign diplomats. These children do not automatically obtain citizenship even when born in the United States or in U.S. jurisdictions.); or

b. born outside the United States of U.S. citizen parents (the mother if born out of wedlock); or

c. born outside the United States of alien parents and has been naturalized as a U.S. citizen. A child born outside the United States of alien parents automatically becomes a citizen after birth if his parents (the mother if born out of wedlock) are naturalized before he becomes 16 years of age.

2. Alienage - An alien must be a qualified alien as defined below or meet the exception in d.3) below. If the alien does not meet the definition of a qualified alien or the exception, he does not meet the alienage requirement. If he meets the definition of a qualified alien, he must then be evaluated in accordance with b., c., and d.1) and d.2) below, depending on the date he entered the U.S.

a. "Qualified alien" is defined as:

1) an alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA), without regard to the number of the alien’s SSA qualifying quarters;

2) an alien granted asylum under Section 208 of the INA;

* 45 CFR 233.50 ** 63.2-503.1 3) a refugee admitted to the U.S. under Section 207 of the INA, or an Afghan or Iraqi alien granted special immigrant status,*** or an alien who is admitted to the U.S. as an Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988 (as contained in section 101(e) of Public Law 100-202 and amended by the 9th proviso under MIGRATION AND REFUGEE ASSISTANCE in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, Public Law 100-461, as amended), *or an alien who is a victim of human of human trafficking. *** Public Law 111-118, Section 8120

TANF Transmittal 65