3-003 Citizenship and Alien Status

In order to receive Child Care Subsidy, a child must be a citizen of the United States or a qualified alien.  The following are qualified aliens:

 

  1. An alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) (see 392-000-301);
  2. An alien who has been granted asylum under Section 208 of INA;
  3. A refugee who has been admitted to the United States under Section 207 of INA;
  4. An alien who is paroled into the United States under Section 212(d)(5) of INA;
  5. An alien whose deportation is being withheld under Section 243(h) of INA;
  6. An alien who has been granted conditional entry pursuant to Section 203(a)(7) of INA;
  7. An alien who is a Cuban or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980; or
  8. An alien child who has been battered or subjected to extreme cruelty in the U.S. by a parent or by a member of the parent's family who is residing in the same household as the immigrant.  The child or children of a battered immigrant are also eligible.

 

Any individual who is born in the United States is considered a U.S. citizen.  This includes children whose parents are not U.S. citizens, such as undocumented alien parents, parents with student visas, or parents with lawful temporary residence status.

 

A custodial parent or other caretaker relative or a child who is ineligible because of citizenship or alien status is counted in the family size.

 

For example, Mom is an ineligible immigrant; her two daughters are U.S. citizens.  This would be a family size of three.

 

Clients who declare to be U.S. citizens must be given a reasonable opportunity to present satisfactory documentation of citizenship or nationality.  Benefits must not be denied, delayed, reduced, or terminated pending receipt of the requested citizenship verification.  Reasonable opportunity is defined as ten days from the date documentation was requested.  The worker may authorize one additional ten day extension for verification if the necessary information has been requested by the client.  If DHHS has requested verification, such as an out of state birth certificate, benefits will not be denied or terminated while awaiting receipt.  Once an individual has declared s/he is a U.S. citizen or national and has provided all other information to determine eligibility, benefits must be provided.

 

Before adverse action is taken, the agency and client actions must be documented.  Any questions should be sent to Policy Questions for review.

{6/28/11}

3-003.01  Verification of Alien Status