305.01 Definition of U.S. Citizen SR 01-17, 06/01 (FAM-A)

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).

Exception: Native Americans who are members of an Indian tribe as defined in section 4(e) of the Indian Self-determination and Education Assistance Act [25 USC 450(e)], or were born in Canada and are covered under the provisions of section 289 of the Immigration and Nationality Act (8 USC 1359)) are eligible for *medical assistance, regardless of qualified alien status. Canadian-born Indians must have at least 50 % American Indian blood. Individuals meeting these criteria include tribe members of the St. Regis Band of Mohawk in New York State, the Micmac in Maine, Abenaki in Vermont, and the Kickapoo in Texas.