Special Assistance SA-3240 CITIZENSHIP AND IDENTITY

II. U.S. CITIZENSHIP

U.S. citizens are entitled to receive Special Assistance benefits provided all other eligibility requirements are met. All applicants and recipients claiming U.S. Citizenship, excluding current or former SSI, SSDI, or Medicare recipients, and documented LPR’s, must provide or cooperate in obtaining proof of citizenship and identity. Below is a list of who is a U.S. citizen but it is not an all inclusive list.

A. A U.S. Citizen is:

1. Any person born in one of the 50 states, the District of Columbia, Puerto Rico, Guam, Virgin Islands, Northern Mariana Islands, American Samoa, Swain's Island, or

2. Any person born outside the U.S. to a U.S. citizen, or

3. A person born outside the U.S. who has been approved by USCIS as a naturalized citizen, or

4. A person born outside of the U.S. who was under the age of 18 on February 27, 2001, and who meets all of the following criteria:

a. Had at least one U.S. citizen parent (by birth or naturalization) at time of birth, and

b. While under the age of 18 he resided permanently in the U.S. in the legal and physical custody of the U.S. citizen parent, and

c. Was a lawful permanent resident before age 18.

B. Procedures to Document Citizenship and Identity

1. Applications

a. Beginning September 1, 2006, each applicant or recipient claiming U.S. citizenship must provide acceptable proof of both citizenship and identity. To document citizenship and/or identity follow these procedures. SA-3240 Figure 1 is a guide/worksheet to assist in this process.

b. Review the case record and all county records, including other program records such as Food Stamps, for citizenship and/or identity evidence the agency may have on file.

c. If evidence is located, make a copy of the evidence documentation for the Special Assistance file and clearly document:

(1) Where the evidence was located,

(2) The date the documentation was provided to the county, and

(3) What hierarchy code it falls in (see II.C).

If the date of receipt by the county is unknown, note the date the worker located the document.

d. If the applicant cannot obtain the necessary documents, requests or demonstrates a need for assistance due to a mental or physical incapacity and lacks someone who can act on his behalf, the county must assist the applicant/recipient in acquiring the documents. See SA-3110, Application Process.

e. If documentation is provided within 45/60 days, process the application. See SA-3110, Application Process.

f. Pend the application up to 6 months with a “CID” entry on the DSS-8125 when:

(1) The applicant is making a good faith effort to provide the documentation, or

(2) The county has not received citizenship/identity verification requested from a third party.

Reference SA-3110, Application Process, for other reasons to pend the application.

If additional items in SA-3110, Application Process, are also needed prior to processing the application, pend the application with the item most likely to take the most time to obtain. Process the application when all information is received.

g. Unless pending for an SSA/SSI decision, deny the application after pending 6 months if:

1. Information needed to obtain the source for documentation is not received, or

2. The documentation request is returned as unable to confirm, and

3. All other efforts to obtain the documentation fail.

h. Applications pending for SSA/SSI decision may pend up to 12 months.

2. Redeterminations

Beginning September 1, 2006, at redetermination review all agency records to determine if at least the citizenship and identity has been documented. If documentation is needed, make two requests of the recipient for the needed information. Follow procedures in SA- 3320, Redetermination of Eligibility. Use the DMA-5097, Request for Information. Ensure that requests are made at least 12 days apart.

a. If the recipient states he does not have documentation and is making a good faith effort to obtain the needed documents or the county DSS is responsible for assisting, document the record, complete the re-determination, and use Special Review Code “Z” on the DSS-8125 to follow up on the status of obtaining the documents.

b. Use the third month of the new certification period for the date on the DSS-8125. Begin to follow up on all documentation needs when the Special Review Code first appears on the Case Management Report. Contact the recipient to determine if the recipient has obtained the documents or needs assistance in obtaining them.

Note: Once documentation has been obtained it will not need to be provided again, unless it is subsequently discovered that the documentation is questionable.

c. If it is documented that the recipient is not a U.S. Citizen or a qualified alien send a DSS-8110, Timely Notice to terminate assistance. Follow procedures in SA-3330.

3. Citizenship – Sources of Documentation

a. Use OLV to access SDX and SOLQ to locate documentation of citizenship and identity for former or current SSI, SSDI, and Medicare recipients, and current or former Lawful Permanent Resident (LPR) applicants/recipients. Use SDX for former or current SSI recipients and SOLQ for former or current Medicare recipients. Refer to SA-3240 III. B. 1., Non-Citizens, for instructions on obtaining documentation of LPR status.

b. If possible in your county, establish citizenship through electronic data matching with the local register of deeds. Screen print the data. The county may also go to the register of deeds and locate the birth record. Document the birth record observed and the location at the register of deeds. Place documentation in the Permanent Verification sub-folder, labeled Citizenship/Identity file. See II.B.6.

Certified copies of North Carolina birth records/certificates require an authorization from the applicant/recipient or legal guardian for the county to make a request for a birth certificate. When the a/r requests or needs assistance in obtaining citizenship documentation, use SA-3240 Figure 2, U.S. Citizenship Documentation Birth Certificate Request, to send to the county register of deeds or State Vital Records a request for a birth certificate. Only the a/r or legal guardian can authorize this request. A copy of the legal guardianship papers must accompany the request.

Instructions on obtaining a North Carolina certified birth record/certificate are also on the North Carolina Vital Records web site at http://vitalrecords.dhhs.state.nc.us. Links to other state’s Vital Records web sites are at http://www.cdc.gov/nchs/howto/w2w/w2welcom.htm.

c. Documents must be either originals or copies of documents certified by the issuing agency. Do not accept notarized copies.

To establish U.S. citizenship the document must show:

(1) A U.S. place of birth, or

(2) That the person is a U.S. citizen.

Note: Children born in the U.S. to foreign sovereigns or diplomatic officers are not U.S. citizens. However, children born to U.S. citizens in a foreign country have U.S. citizenship as well as citizenship in the foreign country. The parents or child chooses his citizenship.

4. Identity – Sources of Documentation

a. Conduct an SOLQ social security number inquiry for each applicant or recipient at redetermination. The a/r’s SSN must match the information on the SOLQ. If the inquiry returns a validated social security number match, print the screen and follow procedures in II. B.6. below. If the social security number does not validate, pursue another form of identity.

b. To establish identity a document must show evidence that provides identifying information relating to the person named on the document.

5. Exceptions to Providing Proof at Application/Redetermination

a. Citizenship and identity documentation are not required at an SSI ex parte review. Use hierarchy code 99 at the ex parte review and obtain the documentation at the next scheduled redetermination.

b. A current or former SSI recipient and a current or former SSDI, and/or Medicare recipient had citizenship/identity established. Use OLV to access the SDX to prove current or former SSI status. Use OLV to access SOLQ to prove current or former SSDI and/or Medicare status. Print the screen with the evidentiary information and put in the Citizenship/Identity Documentation sub-folder in the recipient’s Permanent Verification folder. Use hierarchy code 50.

c. Use SAVE, Systematic Alien Verification for Entitlement Program, to verify the authenticity of the LPR Document. Print the screen with the evidentiary information and put in the Citizenship/Identity Documentation sub-folder in the recipient’s Permanent Verification folder. Use hierarchy code 50.

6. Documentation of Citizenship/Identity

a. Place copies of the original documents, certified copies, or data match screen prints used to document citizenship and identity in a sub-folder or file in the a/r’s permanent record labeled “Citizenship/Identity Documentation”.

Document in the permanent record:

(1) The type of document used,

(2) How it was obtained (e.g. applicant, located in food stamp program files, etc.),

(3) The date it was provided, and

(4) Any other information the worker feels pertinent.

If a screen print is used, document the source of the evidence. Once citizenship and identity documentation is obtained, do not request documentation again unless you learn the previous document is questionable.

b. Document the hierarchy code in EIS where the provided documents are listed. (See EIS 4000, Codes Appendix) Use the following Citizenship/Identity (C/I) codes:

(1) 10 is a document from Chart 1 (no identity needed).

(2) 25 is a document from Chart 2 & a document from Chart 5.

(3) 35 is a document from Chart 3 & a document from Chart 5.

(4) 45 is a document from Chart 4 & a document from Chart 5.

(5) 50 is a document showing permanently exempt, SSI, SSDI, and/or Medicare, or Lawful Permanent Resident status.

(6) 99 is used for ex parte situations where the individual is not required to provide verification until the next redetermination.

C. Hierarchy of acceptable evidence of U.S. citizenship and/or identity

The following charts list acceptable evidence of U.S. citizenship and/or identity in a hierarchy of reliability. Obtain documents from the highest tier of hierarchy available. Pursue documents from Chart 1 first. If the a/r presents documents from the highest tier, Chart 1, Primary Documents, no other information is required.

If the a/r does not have documents from Chart 1, then pursue documents from Chart 2 and so forth until the highest verification documentation is obtained. If the a/r presents documents from Charts 2-4, then an identity document from Chart Five, Documents to Establish Identity, must also be presented.

If the county is waiting to receive documentation from a higher level but can easily obtain documentation from a lower level, pursue the lower level documentation so the application will not pend. Continue to pursue the higher level of documentation. For example, a birth certificate is requested from Vital Records and the a/r has a hospital record indicating citizenship per Chart 3. Change the C/I code level when the higher documentation (Birth Certificate) is received.

1. Primary Documents

Primary documents are of the highest reliability and conclusively establish both citizenship and identity of the a/r.

A/R’s born outside the U.S. who were not citizens at birth must submit a document listed under primary evidence of U.S. citizenship.

Chart 1 (EIS Code 10)

U.S. Passport	Does not have to be currently valid. Do not accept as evidence of U.S. citizenship when it was issued with a limitation. However, such a passport may be used as proof of identity.
Certificate of Naturalization (N-550 or N-570)
Certificate of Citizenship (N-560 or N-561)

2. Secondary Documents to Establish U.S. Citizenship

Accept any of the documents listed in Chart 2 as secondary evidence of U.S. citizenship if the document meets the listed criteria and there is nothing indicating the person is not a U.S. citizen (e.g., lost U.S. citizenship). Require an additional document from Chart 5 to prove identity.

Chart 2 (EIS Code 25)

A U.S. public birth record showing birth in: • One of the 50 U.S. States; • District of Columbia; • American Samoa • Swain’s Island • *Puerto Rico (if born on or after January 13, 1941); • *Virgin Islands of the U.S. (on or after January 17, 1917; • *Northern Mariana Islands (after November 4, 1986; or • Guam (on or after April 10, 1899)	A data match with the local register of deeds or State Vital Records or a copy of a certified birth certificate is acceptable. The birth record document may be issued by the State, Commonwealth, territory or local jurisdiction. It must have been issued before the person was 5 years of age. A birth record document that is amended after 5 years of age is considered fourth level evidence of citizenship. Refer to Chart 4. Note: if the document shows the individual was born in Puerto Rico, the Virgin Islands of the U.S., the individual may be a collectively naturalized citizen. *See Figure 3 for additional requirements for Collective Naturalization.
Data Match with other state agency’s database that is known to verify citizenship.	Agencies and programs such as child support, child protective services. Screen print the pertinent page and place in the file.
Certification of Report of Birth (DS-1350)
Consular Report of Birth Abroad of a Citizen of the United States of America (FS-240)
Certification of Birth Abroad (FS-545)
United States Citizen Identification Card (I-197 or I-179)
American Indian Card (I-872)
Northern Mariana Card (I-873)
Final adoption decree	Must show the child’s name and U.S. place of birth.
Evidence of civil service employment by the U.S. government	Must show employment by the U.S. government before June 1, 1976.
Official Military record of service	Must show a U.S. place of birth.

3. Third Level Documents to Establish U.S. Citizenship

When primary or secondary evidence cannot be obtained within the 45/60 day processing time period and the a/r reports being born in the U.S., use the third level of evidence. Also use third level evidence when documents from level one or two are unavailable or do not exist. The place of birth on the non-government document and the application must agree. Require an additional document from Chart 5 to prove identity.

Chart 3 (EIS Code 35)

Extract of hospital record on hospital letterhead established at the time of the person’s birth and was created at least 5 years before the initial application date and indicates a U.S. place of birth	Do not accept a souvenir “birth certificate” issued by the hospital (also known as a “Mother’s Copy”).
Life or health or other insurance record showing a U.S. place of birth and was created at least 5 years before the initial application date.	Life or health insurance records may show biographical information for the person including place of birth. The record can be used to establish U.S. citizenship when it shows a U.S. place of birth.

4. Fourth Level Documents to Establish U.S. Citizenship

Use fourth level evidence in the rarest of circumstances. When primary, secondary or third level evidence cannot be obtained within the 45/60 day processing time period and the a/r reports being born in the U.S., use the fourth level of evidence. Also use fourth level evidence when documents from levels one, two or three are unavailable or do not exist. The place of birth on the non-government document and the application must agree. Require an additional document from Chart 5 to prove identity.

Chart 4 (EIS Code 45)

Federal or State census record showing U.S. citizenship or a U.S. place of birth (Generally for persons born 1900 through 1950)	The census record must also show the applicant’s age. Note: Census records from 1900-1950 contain certain citizenship information. To secure this information, the a/r or DSS should complete and submit Form BC-600, Application for Search of Census Records for Proof of Age. Add in the remarks portion “U.S. citizenship data requested.” Also add that the purpose is for Special Assistance eligibility. This form requires a processing fee.
One of the following documents that show a U.S. place of birth and was created at least 5 years before the application for Special Assistance. This document must be one of the following and show a U.S. place of birth:	• Seneca Indian tribal census. • Bureau of Indian Affairs tribal census records of the Navajo Indians. • U.S. State Vital Statistics official notification of birth registration. • An amended U.S. public birth record that is amended more than 5 years after the person’s birth. • Statement signed by the physician or midwife who was in attendance at the time of birth.
Institutional admission papers from a nursing facility, skilled care facility or other institution (does not include adult care homes).	Admission papers generally show biographical information for the person including place of birth. The record can be used to establish U.S. citizenship when it shows a U.S. place of birth.
Medical (clinic, doctor, or hospital) record created at least 5 years before the initial application date that indicates a U.S. place of birth.	Medical records generally show biographical information for the person including place of birth. The record can be used to establish U.S. citizenship when it shows a U.S. place of birth. Note: An immunization record is not considered a medical record for purposes of establishing U.S. citizenship.
Written Affidavit	Use only when the DSS is unable to secure evidence of citizenship listed in any other Chart. There must be at least two affidavits by two individuals who have personal knowledge of the event(s) establishing the a/r’s claim of citizenship. At least one of the individuals making the affidavit cannot be related to the a/r. Neither of the two individuals can be the a/r. The person(s) making the affidavit must be able to provide proof of his/her own citizenship and identity for the affidavit. If the affiant has information which explains why documentary evidence establishing the a/r’s claim of citizenship does not exist or cannot be readily obtained, the affidavit should contain this information as well. A separate affidavit from the a/r or other knowledgeable individual (guardian or representative) explaining why the evidence does not exist or cannot be obtained must also be provided. The affidavits must be signed under penalty of perjury by the person making the affidavit.

5. Evidence of Identity

When a document from charts 2-4 is presented, a document from chart 5 is also required.

Chart 5 (EIS Code 25, 35, 45)

SOLQ Social Security number inquiry	Must have a “Social Security number verified” statement returned from the inquiry. Screen print the pertinent evidence for the file.
Data Match with other state agency’s data systems	The data match must indicate that an identity has been verified. Examples of such agencies or programs include food stamps, child support, child protective services, motor vehicle, corrections, juvenile detention. Screen print the pertinent evidence for the file.
Driver’s license	Must have a photograph of the a/r or other identifying information of the individual such as name, age, sex, race, height, weight or eye color. Does not need to be current.
School identification card	Must have a photograph of the individual.
U.S. military identification card or draft record	Does not have to be current.
Identification card issued by the Federal, State, or local government with the same information included on driver’s license.	Does not have to be current.
Military dependent’s identification card	Does not have to be current.
Certificate of Degree of Indian Blood, or other U.S. American Indian/Alaska Native tribal document	Must have a photograph of the a/r or have other personal identifying information relating to the individual.
Native American Tribal document
U.S. Coast Guard Merchant Mariner card

D. Procedures When No Documentation or Information is Provided

1. Individuals who meet the criteria in II.A.4. are not automatically issued proof of citizenship by USCIS. The parent may apply for a certificate of citizenship for his child with the USCIS and/or for a passport for his child with the Department of State.

2. If an applicant is a naturalized citizen and cannot provide documentation of citizenship, refer the applicant to U.S. Citizenship and Immigration Services (USCIS) at:

Charlotte Sub Office

6130 Tyvola Centre Drive

Charlotte, North Carolina 28217

Telephone: (800) 375-5283

3. Treat this individual as an ineligible alien until verification is provided.