305.01 Definition of U.S. Citizen (FAM)

SR 01-24 Dated 08/01

Previous Policy

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U.S. citizens are:

• individuals born in the United States, Puerto Rico, Guam, Northern Mariana Islands, Virgin Islands, American Samoa, or Swain’s Island;

• foreign-born children, under age 18, residing in the U.S. with their birth or adoptive parents, at least one of whom is a U.S. citizen by birth or naturalization; and

• individuals granted citizenship status by Immigration and Naturalization Services (INS).

To receive benefits, an individual must be either a U.S. citizen or an eligible qualified alien (see Section 305.09, Determining Qualified Alien Status).

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References: He-W 601.02(p), He-W 606.02, RSA 167:79,IV(c) & V(a)(1), 42 CFR 435.406-.407, 45 CFR 233.50, Section 1137(d) of the SSA [42 USC 1320b-7(d)]