Verification of U.S. Citizenship or Qualified Immigrant Status

Policy Number: 02-01-02-01

Date of Last Update: XX/XX/XXXX

Policy Statement: Each client must declare the citizenship or immigrant status of participants in the family size for whom benefits are requested. This declaration must be completed at the following times:

  • Intake

  • Redetermination

  • When adding a person to an active case

Any participant for whom U.S. citizenship status is declared and who meet the U.S. citizenship criteria are potentially eligible to receive child care assistance. A person receiving SSI benefits automatically meets the citizenship verification requirement. Qualified immigrant status must be a classification status that allows potential eligibility. Qualified immigrants have either a temporary qualified status or a permanent qualified status.

Establishment of U.S. Citizenship U.S. Citizenship is established when an applicant is born in the Unites States, its territories, or possessions. U.S. territories or possessions include any of the following:

  • American Samoa

  • Guam

  • Northern Mariana Islands based on their date of birth

  • Panama Canal Zone based on their date of birth

  • Puerto Rico based on their date of birth

  • Swain Islands

  • U.S. Virgin Islands based on their date of birth

Applicants born in other countries may also be U.S. Citizens by the following methods:

  • Naturalization

  • Born outside the U.S. or the previously listed possessions and territories, and their parents are U.S. citizens and at least one parent lived in the U.S. or its territories before the applicant's birth.

  • Born outside the U.S. or the previously listed possessions and territories, and one parent is a U.S. citizen and the other is a noncitizen. The parent who is a citizen must have lived in the U.S., its possessions, or its territories for a total of five years before the applicant's birth. At least two of the five years must be after the parent reached age 14.

  • A dual citizen recognized by a foreign country as a citizen of that country and by the U.S. as a U.S. citizen. Applicants claiming dual citizenship must verify U.S. citizenship.

Establishment of Qualified Immigrant Status: A qualified immigrant is an individual lawfully residing in the United States with a classification status that allows potential eligibility for child care assistance. The following immigrants have a temporary qualified status:

  • Asylee - An individual who has been granted protection and immunity from extradition by the United States Citizenship and Immigration Services (USCIS). The asylum status is granted under section 208 of the Immigration and Nationality Act (INA).

  • Battered Noncitizen - An individual who has suffered abuse or extreme cruelty while living with their abuser in the United States (U.S.). Only battered noncitizens designated as qualified are potentially eligible for NA and CA. To be a qualified battered noncitizen, they must possess a Prima Facie Determination petition for immigration status. The petition may be in an approved or pending status.

  • Cuban or Haitian Entrant - An individual who has fled to the United States (U.S.) from either Cuba or Haiti to escape oppression, persecution, national distress, or environmental disasters under Section 501(e) of the Refugee Education and Assistance Act (REAA) of 1980 are considered qualified immigrants. There is no 5-year waiting period for potential eligibility.

  • Deportation Withheld - A noncitizen whose continued presence in the United States (U.S.) is required by the U.S. government.

  • Indefinite Detainee - A noncitizen whose deportation is withheld is a noncitizen whose continued presence in the United States (U.S.) is required by the U.S. government.

  • Parolee - An individual who has been granted lawful temporary residency in the United States (U.S.) by the United States Citizenship and Immigration Services (USCIS) for at least one year under 212(d)5(A) of the Immigration and Naturalization Act (INA) for humanitarian reasons, or the public benefit.

  • Refugee

  • Amerasian

  • Severe Trafficking Victim

  • Special Immigrant Visa Holders

The following immigrants have a permanent qualified status:

  • Lawful Permanent Residents

  • American Indians Born Outside of the United States

  • Hmong and Highland Laotians