54.07 Documentary evidence of citizenship and identity

Definition: available. Document exists and can be obtained within the period of time specified in § 54.05. (b) Standalone evidence of citizenship.27 The following will be accepted as sufficient documentary evidence of citizenship: A U.S. passport, including a U.S. Passport Card issued by the Department of State, without regard to any expiration date as long as such passport or Card was issued without limitation. A Certificate of Naturalization. A Certificate of U.S. Citizenship. A valid state-issued driver's license if the state issuing the license requires proof of U.S. citizenship, or obtains and verifies a Social Security number from the applicant who is a citizen before issuing such license. Tribal documents: (i) Documentary evidence issued by a federally-recognized Indian tribe, as published in the Federal Register by the Bureau of Indian Affairs within the U.S. Department of the Interior, and including tribes located in a State that has an international border, which: Identifies the federally-recognized Indian tribe that issued the document; Identifies the individual by name; and Confirms the individual's membership, enrollment, or affiliation with the tribe. (ii) Documents described in paragraph (b)(5)(i) of this subsection include, but are not limited to: 26 Section 1903(x) of the Act. 27 42 CFR § 435.407(a). Eligibility-and-Enrollment Procedures Part 7 – Page 9 (Sec.54.00, Sub.54.07) (iii) A tribal enrollment card; (iv) A Certificate of Degree of Indian Blood; (v) A tribal census document; (vi) Documents on tribal letterhead, issued under the signature of the appropriate tribal official, that meet the requirements of paragraph (b)(5)(i) of this subsection. A data match with the Social Security Administration. At state option, a cross-match with a state vital statistics agency documenting a record of birth. A data match with the Systematic Alien Verification for Entitlements (SAVE) Program or any other process established by DHS to verify that an individual is a citizen. (c) Other evidence of citizenship.28 If an applicant does not provide documentary evidence from the list in paragraph (b) of this subsection, the following must be accepted as satisfactory evidence to establish citizenship if also accompanied by an identity document listed in paragraph (d) of this subsection: A U.S. public birth certificate showing birth in one of the 50 States, the District of Columbia, Puerto Rico (if born on or after January 13, 1941), Guam, the Virgin Islands of the U.S., American Samoa, Swain's Island, or the Commonwealth of the Northern Mariana Islands (CNMI) (if born after November 4, 1986, (CNMI local time)). The birth record document may be issued by a State, Commonwealth, Territory, or local jurisdiction. If the document shows the individual was born in Puerto Rico or the CNMI before the applicable date referenced in this paragraph, the individual may be a collectively naturalized citizen. The following will establish U.S. citizenship for collectively naturalized individuals: (i) Puerto Rico: Evidence of birth in Puerto Rico and the applicant’s statement that they were residing in the U.S., a U.S. possession, or Puerto Rico on January 13, 1941. (ii) CNMI (formerly part of the Trust Territory of the Pacific Islands (TTPI)): Evidence of birth in the CNMI, TTPI citizenship and residence in the CNMI, the U.S., or a U.S. Territory or possession on November 3, 1986, (CNMI local time) and the applicant’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (CNMI local time); Evidence of TTPI citizenship, continuous residence in the CNMI since before November 3, 1981 (CNMI local time), voter registration before January 1, 1975, and the applicant’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (CNMI local time). Evidence of continuous domicile in the CNMI since before January 1, 1974, and the applicant’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (CNMI local time). Note: If a person entered the CNMI as a nonimmigrant and lived in the CNMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a U.S. citizen. 28 42 CFR § 435.407(b). Eligibility-and-Enrollment Procedures Part 7 – Page 10 (Sec.54.00, Sub.54.07) A Certification of Report of Birth, issued to U.S. citizens who were born outside the U.S. A Report of Birth Abroad of a U.S. Citizen. A Certification of birth in the United States. A U.S. Citizen I.D. card. A Northern Marianas Identification Card, issued by DHS (or predecessor agency). A final adoption decree showing the child's name and U.S. place of birth, or if an adoption is not final, a statement from a state-approved adoption agency that shows the child's name and U.S. place of birth. Evidence of U.S. Civil Service employment before June 1, 1976. U.S. Military Record showing a U.S. place of birth. Documentation that a child meets the requirements of § 101 of the Child Citizenship Act of 2000 (8 USC § 1431). Medical records, including, but not limited to, hospital, clinic, or doctor records or admission papers from a nursing facility, skilled care facility, or other institution that indicate a U.S. place of birth. Life, health, or other insurance record that indicates a U.S. place of birth. Official religious record recorded in the U.S. showing that the birth occurred in the U.S. School records, including pre-school, Head Start and daycare, showing the child's name and U.S. place of birth. Federal or State census record showing U.S. citizenship or a U.S. place of birth. If the individual does not have one of the documents listed in paragraphs (b) or (c)(1) through (17) of this subsection, they may submit an affidavit signed by another individual under penalty of perjury who can reasonably attest to the individual’s citizenship, and that contains the individual’s name, date of birth, and place of U.S. birth. The affidavit does not have to be notarized. (d) Evidence of identity29 The following will be accepted as proof of identity, provided such document has a photograph or other identifying information sufficient to establish identity, including, but not limited to, name, age, sex, race, height, weight, eye color, or address: (i) Identity documents listed at 8 CFR § 274a.2(b)(1)(v)(B)(1), except a driver's license issued by a 29 42 CFR § 435.407(c). Eligibility-and-Enrollment Procedures Part 7 – Page 11 (Sec.54.00, Sub.54.07) Canadian government authority. (ii) Driver's license issued by a State or Territory. (iii) School identification card. (iv) U.S. military card or draft record. (v) Identification card issued by the federal, state, or local government. (vi) Military dependent's identification card. (vii) U.S. Coast Guard Merchant Mariner card. (viii) A finding of identity from an Express Lane agency, as defined in § 1902(e)(13)(F) of the Act. For children under age 19, a clinic, doctor, hospital, or school record, including preschool or day care records. Two documents containing consistent information that corroborates an individual’s identity. Such documents include, but are not limited to, employer identification cards, high school and college diplomas (including high school equivalency diplomas), marriage certificates, divorce decrees, and property deeds or titles. AHS will accept as proof of identity: (i) A finding of identity from a federal agency or another state agency, including but not limited to a public assistance, law enforcement, internal revenue or tax bureau, or corrections agency, if the agency has verified and certified the identity of the individual. (ii) [Reserved] If the individual does not have any document specified in paragraphs (d)(1) through (d)(3) of this subsection and identity is not verified under paragraph (d)(4) of this subsection, the individual may submit an affidavit signed, under penalty of perjury, by another person who can reasonably attest to the individual’s identity. Such affidavit must contain the individual’s name and other identifying information establishing identity, as describe in paragraph (d)(1) of this subsection. The affidavit does not have to be notarized. (e) Verification of citizenship by a federal agency or another state.30 AHS may rely, without further documentation of citizenship or identity, on a verification of citizenship made by a federal or state agency, if such verification was done on or after July 1, 2006. (f) Assistance.31 AHS will assist individuals who need assistance to secure satisfactory documentary evidence of 30 42 CFR § 435.407(d). 31 42 CFR § 435.407(e). Eligibility-and-Enrollment Procedures Part 7 – Page 12 (Sec.54.00, Sub.54.08) citizenship in a timely manner. (g) Documentary evidence.32 A photocopy, facsimile, scanned, or other copy of a document will be accepted to the same extent as an original document under this subsection, unless information on the submitted document is inconsistent with other information available to AHS, or AHS otherwise has reason to question the validity of the document or the information on the document.