10:71-3.3 Citizenship; alien status-documentation requirements
(a) A person born in the United States is, by definition, a United States citizen. The United
States is defined as the Continental United States, Alaska, Hawaii, Puerto Rico, Guam, and
the Virgin Islands of the United States. Native-born persons of American Samoa and
Swain's Island are also regarded as citizens of the United States.
(b) Naturalized citizens are those persons upon whom United States citizenship is
conferred after birth. This may be accomplished through individual or collective
naturalization or, under certain conditions, citizenship may be derived from a naturalized
parent. Thus, a child(ren) of a naturalized parent(s) is automatically considered a
naturalized citizen(s). Women who themselves could be lawfully naturalized and, prior to
September 22, 1922, were married to citizens, or were married to aliens who became
citizens before that date, automatically became citizens. On and after that date, standard
immigration and naturalization service conditions have to be met before any person can
become a naturalized citizen.
1. A naturalized citizen, unless automatically naturalized as outlined above, should have
his/her naturalization certificate as proof of citizenship. If the applicant does not have this document, the county welfare board should contact the nearest Immigration and
Naturalization Service district office to verify that the applicant meets the requirements of a
naturalized citizen.
(c) The following aliens, if present in the United States prior to August 22, 1996, and if
otherwise meeting the eligibility criteria, are entitled to full Medicaid benefits:
1. An alien lawfully admitted for permanent residence;
2. A refugee admitted pursuant to section 207 of the Immigration and Nationality Act;
3. An asylee admitted pursuant to section 208 of the Immigration and Nationality Act;
4. An alien whose deportation has been withheld pursuant to section 243(h) of the
Immigration and Nationality Act;
5. An alien who has been granted parole for at least one year by the Immigration and
Naturalization Service pursuant to section 212(d)(5) of the Immigration and Nationality Act;
6. An alien who has been granted conditional entry pursuant to section 203(a)(7) of the
immigration law in effect prior to April 1, 1980;
7. An alien who is granted status as a Cuban or Haitian entrant pursuant to section 501(e)
of the Refugee Education Assistance Act of 1980;
8. An American Indian born in Canada to whom the provisions of section 289 of the
Immigration and Nationality Act apply;
9. A member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination
and Education Assistance Act;
10. An alien who is admitted to the United States as an Amerasian immigrant pursuant to
section 584 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act of 1988;
11. An alien who is honorably discharged or who is on active duty in the United States
Armed Forces and his or her spouse and the unmarried dependent children of the alien or
spouse; and
12. Certain legal aliens who are victims of domestic violence and when there is a
substantial connection between the battery or cruelty suffered by an alien and his or her
need for Medicaid benefits, subject to certain conditions described below:
i. The alien has been battered or subjected to extreme cruelty in the United States by a
spouse or a parent;
ii. The alien has been battered or subjected to extreme cruelty in the United States by a
member of the spouse's or parent's family residing in the same household of the alien and
the spouse or parent acquiesced to such battery or cruelty;
iii. The alien's child has been battered or subjected to extreme cruelty in the United States
by the spouse or the parent of the alien (without the active participation of the alien in the
battery or cruelty);
iv. The alien's child has been battered or subjected to extreme cruelty in the United
States by a member of the spouse's or parent's family residing in the same household as
the alien and the spouse or parent acquiesced to and the alien did not actively take part in
such battery or cruelty;
v. In addition to the conditions described in (c)12i through iv above, if the individual
responsible for the battery or cruelty continues to reside in the same household as the
individual who was subjected to such battery or cruelty, then the alien shall be ineligible for full Medicaid benefits under this chapter;
vi. The county board of social services shall apply the definitions "battery" and "extreme
cruelty" and the standards for determining whether a substantial connection exists between
the battery or cruelty and the need for Medicaid as issued by the Attorney General of the
United States under his or her sole and unreviewable discretion, in accordance with 8
U.S.C. § 1641.
(d) The following aliens entering the United States on or after August 22, 1996, and if
otherwise meeting the eligibility criteria, are entitled to Medicaid benefits:
1. An alien lawfully admitted for permanent residence, but only after having been present
in the United States for five years;
2. A refugee admitted pursuant to section 207 of the Immigration and Nationality Act;
3. An asylee admitted pursuant to section 208 of the Immigration and Nationality Act;
4. An alien whose deportation has been withheld pursuant to section 243(h) of the
Immigration and Nationality Act;
5. An alien who has been granted parole for at least one year by the Immigration and
Naturalization Service pursuant to section 212(d)5 of the Immigration and Nationality Act,
but only after the alien has been present in the United States for five years;
6. An alien who has been granted conditional entry pursuant to section 203(a)(7) of the
immigration law in effect prior to April 1, 1980, but only after the alien has been present in
the United States for five years;
7. An alien who is granted status as a Cuban or Haitian entrant pursuant to section 501(e)
of the Refugee Education Assistance Act of 1980;
8. An American Indian born in Canada to whom the provisions of section 289 of the
Immigration and Nationality Act apply;
9. A member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination
and Education Assistance Act;
10. An alien who is admitted to the United States as an Amerasian immigrant pursuant to
section 584 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act of 1988;
11. An alien who is honorably discharged or who is on active duty with the United States
Armed Forces and his or her spouse and the unmarried dependent children of the alien or
spouse; and
12. Certain aliens who are victims of domestic violence as specified in (c)12 above, but
only after the alien has been present in the United States for five years.
(e) Any alien who is not an eligible alien as specified in (c) and (d) above is ineligible for full
Medicaid benefits. Any such alien, if a resident of New Jersey and if he or she meets all
other Medicaid eligibility requirements, is entitled to Medicaid coverage for the treatment of
an emergency medical condition only.
1. An emergency medical condition is one of sudden onset that manifests itself by acute
symptoms of sufficient severity (including severe pain) such that the absence of immediate
medical attention could reasonably be expected to result in:
i. Placing the patient's health in serious jeopardy;
ii. Serious impairment to bodily functions; or
iii. Serious dysfunction of any bodily organ or part.
2. An emergency medical condition includes all labor and delivery for a pregnant woman.
It does not include routine prenatal or post-partum care.
3. Services related to an organ transplant procedure are not covered under services
available for treatment of an emergency medical condition.
(f) Persons claiming to be citizens and eligible aliens shall provide the county board of
social services with documentation of citizenship or alien status.
(g) As a condition of eligibility, all applicants for Medicaid (except for those applying solely
for services related to the treatment of an emergency medical condition) shall sign a
declaration under penalty of perjury that they are a citizen of the United States or an alien in
a satisfactory immigration status. In the case of a child or incompetent applicant, another
individual on the applicant's behalf shall complete the same written declaration under
penalty of perjury.
1. The following are acceptable documentation of United States citizenship:
i. A birth certificate;
ii. A religious record of birth recorded in the United States or its territories within three
months of birth. The document must show either the date of birth or the individual's age at
the time the record was created;
iii. A United States passport (not including limited passports which are issued for periods
of less than five years);
iv. A Report of Birth Abroad of a Citizen of the U.S. (Form FS-240);
v. A U.S. Citizen I.D. Card (INS Form-197, Nationality Certificate (INS Form N-550 or N-
570);
vi. A Certificate of Citizenship (INS Form N-560 or N-561);
vii. A Northern Mariana Identification Card (issued by the INS to a collectively naturalized
citizen of the United States who was born in the United States before November 3, 1986);
viii. An American Indian Card with a classification code "KIC" (issued by the INS to
identify U.S. citizen members of the Texas Band of Kickapoos); or
ix. A contemporaneous hospital record of birth in one of the 50 states, the District of
Columbia, Puerto Rico (on or after January 13, 1941), Guam (on or after April 10, 1899), the
U.S. Virgin Islands (on or after January 17, 1917), American Samoa, Swain's Island, or the
Northern Mariana Islands (unless the person was born to foreign diplomats residing in any
of these jurisdictions).
2. If an applicant presents an expired INS document or is unable to present any document
demonstrating his or her immigration status, the county board of social services shall refer
the applicant to the local INS district office to obtain evidence of status. If, however, the
applicant provides an alien registration number, but no documentation, the county board of
social services shall file INS Form G-845 along with the alien registration number with the
local INS district office to verify status.
3. The following sets forth acceptable documentation for eligible aliens:
i. Lawful Permanent Resident--INS Form I-551, or for recent arrivals, a temporary I-551
stamp in a foreign passport or on Form I-94.
ii. Refugee--INS Form I-94 annotated with stamp showing entry as refugee under section
207 of the Immigration and Nationality Act and date of entry into the United States; INS
Form I-688B annotated "274a. 12(a)(3)," I-766 annotated "A3," or I-571. Refugees usually
adjust to Lawful Permanent Resident status after 12 months in the United States, but for
purposes of determining Medicaid eligibility they are considered refugees. Refugees whose
status has been adjusted will have INS Form I-551 annotated "RE-6," "RE-7," "RE-8," or
"RE-9."
iii. Asylees--INS Form I-94 annotated with a stamp showing grant of asylum under section
208 of the Immigration and Nationality Act, a grant letter from the Asylum Office of the
Immigration and Naturalization Service, Forms 688B annotated "274a. 12(a)(5)," or I-766
annotated "A5."
iv. Deportation Withheld--Order of an Immigration Judge showing deportation withheld
under section 243(h) of the Immigration and Nationality Act and the date of the grant, or INS
Form I-688B annotated "274a. 12(a)(10)" or I-766 annotated "A10."
v. Parole for at Least a Year--INS Form I-94 annotated with stamp showing grant of
parole under section 212(d)(5) of the Immigration and Nationality Act and a date showing
granting of parole for at least a year.
vi. Conditional Entry under Law in Effect before April 1, 1980--INS Form I- 94 with stamp
showing admission under section 203(a)(7) of the Immigration and Nationality Act, refugeeconditional
entry, or INS Forms I-688B annotated "274a. 12(a)(3)" or I-766 annotated "A3."
vii. Cuban Haitian Entrant--INS Form I-94 stamped "Cuban/Haitian Entrant under section
212(d)(5) of the INA."
viii. An American Indian born in Canada--INS Form I-551 with code S13 or an unexpired
temporary I-551 stamp (with code S13) in a Canadian passport or on Form I-94.
ix. A member of certain Federally recognized Indian tribes--Membership card or other
tribal document showing membership in tribe is acceptable documentation.
x. Amerasian Immigrant--INS Form I-551 with the code AM1, AM2, or AM3 or passport
stamped with an unexpired temporary I-551 showing a code AN6, AM7, or AM8.
4. For aliens subject to the five-year waiting period before eligibility for Medicaid can be
established, the date of entry into the United States shall be determined as follows:
i. On INS Form I-94, the date of admission should be found on the refugee stamp. If
missing, the county board of social services should contact the INS local district office by
filing Form G-845, attaching a copy of the document;
ii. If the alien presents INS Form I-688B (Employment Authorization Document), I-766, or
I-571 (Refugee Travel Document), the county board of social services shall ask the alien to
present Form I-94. If that form is not available, the county board of social services shall
contact the INS via the submission of Form G-845, attaching a copy of the documentation
presented;
iii. If the alien presents a grant letter or court order, the date of entry shall be derived from
the date of the letter or court order. If missing, the county board of social services shall
contact the INS by submitting a Form G- 845, attaching a copy of the document presented.
5. For aliens who present themselves as on active duty or honorably discharged from the
United States Armed Forces, the following serve as documentation:
i. For discharge status, an original or notarized copy of the veteran's discharge papers
issued by the branch of service in which the applicant was a member;
ii. For active duty military status, an original or notarized copy, of the applicant's current orders showing the individual is on full-time duty with the U.S. Army, Navy, Air Force,
Marine Corps, or Coast Guard (full-time National Guard duty does not qualify), or a military
identification card (DD Form 2 (active));
iii. A self-declaration under penalty of perjury may be accepted pending receipt of
acceptable documentation.