Policy History for 3.2.1 U.S. CITIZENS ( citizenship )

Release 06-03

3.2.1 U.S. CITIZENS ( citizenship )

All U.S citizens, who apply for Medicaid (MA) and meet all of the eligibility requirements, are entitled to receive full MA benefits..

A U.S. citizen is anyone who:

1. Was born in the U.S.  The U.S. includes Puerto Rico, Virgin Islands, Northern Mariana Islands, and Guam.

2. Was born to a U.S. citizen while s/he was abroad.

3. Is a naturalized U.S. citizen.

4. Is a child born outside the U.S. and has met all of the following criteria at any time after February 26, 2001:

1. At least one parent of the child is a citizen of the U.S., whether by birth or naturalization.
    

2. The child is under the age of 18.
    

3. The child is residing in the U.S. in the legal and physical custody of the parent.

Adopted children automatically become U.S. citizens if they meet the all of the above criteria and if they were:

1. Adopted under the age of 16. If the child has been in the legal custody of and has resided with the adopting parent or parents for at least two years.

2. Adopted while under the age of 18.  If the child has been in the legal custody of and has resided with the adopting parent or parents for at least two years and is a sibling of another adopted child who is under 16.

3. Orphans adopted while under the age of 16 and have had their adoption and immigration status approved by the INS ( Form I-171, “Notice of Approval of Relative Immigrant Visa Petition”).   These children need not have lived with the adoptive parents for two years.

4. Orphans adopted under the age of 18, who have had their adoption and immigration status approved by the INS, and are siblings of another adopted child who is under the age of 16.   These children need not have lived with the adoptive parents for two years.

This page last updated in Release Number : 06-03

Release Date: 09/15/06

Effective Date: 01/01/06