The following documents are acceptable as proof of lawful presence pursuant to AG Order Number 2129-97 referenced in 2.1.3. of this rule.
A. Primary Evidence (One document is needed): Identity can be proven by these same documents if they bear a picture of the applicant.
1. Copy of applicants birth certificate from any state, the District of Columbia and all United States territories.
2. United States Passports, except for 'limited' passports, issued for less than five years.
3. Report of Birth Abroad of a United States Citizen, form FS-20.
4. Certificate of Birth issued by a foreign service post (FS-545) or Certification of Report of Birth (DS-1350). These are available from the Department of State.
5. Certification of Naturalization (N-550 or N-570). The N-570 is issued upon loss or damage to the original document or following an individual's name change.
6. Certificate of Citizenship (N-560 or N-561). This document is issued to those persons who derive U. S. Citizenship through a parent. The N-561 is issued upon loss or damage of the original document or following an individual's name change.
7. U. S. Citizen Identification Card (I-97). These were last issued in 1974.
8. Northern Mariana Identification Card. Those born in the Northern Mariana Islands prior to November 3, 1986 were collectively naturalized.
9. Statement provided by a US consular officer certifying that the individual is a US citizen. (This document is provided to an individual born outside the US who derived citizenship through a parent but does not have form FS-240, FS-545 or DS-1350.)
10. American Indian Card with Classification code 'KIC' and a statement on the back identifying US Citizen members of the Texas Band of Kickapoos.)
B. Secondary Evidence
If the applicant cannot present one of the documents listed above, the following may be relied upon to establish US citizenship or nationality:
1. Religious records recorded in one of the 50 states, the District of Columbia and U.S. territories, within three months after birth showing that the birth occurred in such jurisdiction and the date of the birth or the individual's age at the time the record was made.
2. Evidence of Civil Service Employment by the US Government before June 1,1976;
3. Early school records (preferably from the first school) showing the date of admission to the school, the child's date and place of birth and the names' and places of birth of the parents;
4. Census record showing name, US citizenship or a US place of birth or age of applicant;
5. Adoption Finalization Papers showing the childs name and place of birth in one of the 50 states, DC, or US territories or where the adoption is not finalized and the State or other jurisdiction listed above in which the child was born will not release a birth certificate prior to final adoption, a statement from a state-approved adoption agency showing the child's name and place of birth in one of such jurisdictions ( NOTE: the source of the information must be an original birth certificate and must be indicated in the statement); or
6. Any other documents that establish a US place of birth or in some way indicates US citizenship.
C. If an individual is unable to present any of the above documents the following options are available:
1. Accept a written declaration, made under penalty of perjury, and possibly subject to later verification of status, from one or more third parties, indicating a reasonable basis for personal knowledge that the applicant is a US citizen or non-citizen national.
2. Accept the applicant's written declaration, made under penalty of perjury and possibly subject to later verification of status that he or she is a US citizen or non-citizen national.
Note: These options (C 1 and C 2) should be used with caution in appropriate circumstances. For example, before using these options a provider might require the applicant to demonstrate why a document evidencing that he or she is a US citizen or non-citizen national does not exist or cannot be readily obtained.
D. Collective Naturalization
If the applicant cannot present one of the documents listed in A or B above, the following will establish US citizenship for collectively naturalized individuals:
1. Puerto Rico (PR):
Evidence of birth in PR on or after April 11, 1899 and the applicants' statement that he or she was residing in the US, a US possession, or PR on January 13, 1941 or
Evidence that the applicant was a PR citizen and the applicant's statement that he or she was residing in PR on March 1, 1917 and that he or she did not take an oath of allegiance to Spain;
2. US Virgin Islands:
Evidence of birth in the US Virgin Islands (VI) and the applicant's statement of residence in the US , a US possession, or the US VI on February 25, 1927;
The applicant's statement indicating residence in the US VI as a Danish citizen on January 17, 1917and that he or she did not make a declaration to maintain Danish citizenship ; or
Evidence of birth in the US VI and the applicant's statement indicating residence in the US, US Possession or Territory or the Canal Zone on June 28, 1932.
3. Northern Mariana Islands (NMI) (formerly part of the Trust Territory of the Pacific Islands(TTPI):
Evidence of birth in NMI, TTPI citizenship and residence in the NMI, the US, or a US territory or possession on November 3, 1986 (NMI local time)and the applicants statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time);
Evidence of TTPI citizenship in the NMI since before November 3, 1981(NMI local time), voter registration prior to January 1, 1975 and the applicant's statement that he or she did owe allegiance to a foreign state on November 4, 1986 (NMI local time) ; or
Evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time).
Note: If a person entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a US citizen.
E. Derivative Citizenship
If the applicant cannot present one of the above documents you should make a determination of Derivative US citizenship in the following situations:
Applicant born abroad to two US citizen parents:
Evidence of US citizenship of the parents and the relationship of the applicant to the parents, and the evidence that at least one parent resided in the US or an outlying possession prior to the applicant's birth.
Applicant born abroad to a US citizen parent and a US non-citizen national parent:
Evidence that one parent is a US citizen and the other is a US non-citizen national, evidence of the relationship of the applicant to the US citizen parent and the evidence the US citizen parent resided in the US, a US possession, American Samoa or Swains Island for a period of at least one year prior to the applicants birth
Applicant born out of wedlock abroad to a US citizen mother:
Evidence of US citizenship of the mother, evidence of the relationship to the applicant and, for births on or before December 24, 1952, evidence that the mother resided in the US prior to the applicants birth or, for births after December 24, 1952, evidence that the mother has resided, prior to the childs birth, in the US or a US possession for a period of one year.
Applicant born in the Canal Zone or the Republic of Panama:
A birth certificate showing birth in the Canal Zone on or after February 26, 1904 and before October 1, 1979 and evidence that one parent was a US citizen at the time of the applicants birth;
A birth certificate showing birth in the Republic of Panama on or after February 26, 1904 and before October 1, 1979 and evidence that at least one parent was a US citizen and employed by the US government or the Panama Railroad Company or its successor in title;
All other situations where an applicant claims to have a US citizen parent and an alien parent, or claims to fall within one of the above categories but is unable to present the listed documentation:
If the applicant is in the US, refer him or her to the local INS office for determination of US citizenship;
If the applicant is outside the US, refer him or her to the State Department for a US citizenship determination.
F. Adoption of Foreign-Born Child by US Citizen:
If the birth certificate shows a foreign place of birth and the applicant cannot be determined to be a naturalized citizen under any of the above criteria, obtain other evidence of US citizenship;
Since foreign born adopted children do not automatically acquire citizenship by virtue of adoption by US citizens, refer the applicant to the local INS district office for a determination of US citizenship if the applicant provides no evidence of US citizenship [the law changed several years ago to allow such children to obtain automatic citizenship].
G. US Citizenship By Marriage
A woman acquired US citizenship through marriage to a US citizen before September 22, 1922.
Note: If the husband was an alien at the time of the marriage and became naturalized before September 22, 1922, the wife also acquired naturalized citizenship. If the marriage terminated, the wife maintained her citizenship if she was residing in the US at the time and continued to reside in the US.
H. Applicants with Disabilities and Non-discrimination
If an applicant has a disability that limits the applicants ability to provide the required evidence of citizenship or nationality (e.g. mental retardation, amnesia, or other cognitive, mental or physical impairment), you should make every effort to assist the individual to obtain the required evidence. In addition, you should not discriminate against applicants on the basis of race, national origin, gender, religion, age or disability. See Non-discrimination Advisory, Attachment 2 to Interim Guidance.