23 Miss. Code. R. § 102-2.5 Evidences of U.s. Citizenship

LibraryMississippi Administrative Code
Edition2023
CurrencyCurrent through January 9, 2024
Citation23 Miss. Code. R. § 102-2.5
Year2023

A. Primary Evidence has the highest reliability. If provided, no further verification is needed. If any other level of evidence is used to verify U. S. citizenship, a second document verifying identity must be obtained.

    1. The following documents may be accepted as primary proof of an individuals citizenship and identity a) U.S. Passport. A U.S. Passport does not have to be currently valid to be accepted as evidence of U.S. citizenship as long as it was originally issued without limitation. On an emergency basis, the passport office will issue a U.S. passport without proof of citizenship. In this instance, the passport is issued with the limitation that is valid for one (1) year rather than the usual five (5) or ten (10) years. When the holder of a passport with limitation returns to the country, he has to provide proof of citizenship to have the passport reissued without limitation. To determine if a passport was issued with limitation, compare the issuance date, with the expiration date. If the expiration date is less than five (5) years from the issuance date, the passport was issued with limitation and cannot be used as proof of citizenship. Each passport must be examined closely to determine whether or not the passport was issued with limitation. Spouses and children were sometimes included on one passport through 1980. U.S. passports issued after 1980 show only one person. Consequently, the citizenship when it was issued with a limitation. However, such a passport may be used as proof of identity. NOTE: Do not accept any passport as evidence of U.S. citizenship when it was issued with a limitation. However, such a passport may be used as proof of identity. b) Certificate of Naturalization (N-550 or N-570). Issued by Department of Homeland Security (DHS) for Naturalization. c) Certificate of Citizenship (N-560 or N-561). Issued by DHS to individuals who derive citizenship through a parent.

B. Secondary Evidence of citizenship is a documentary evidence of satisfactory reliability that is used when primary evidence of citizenship is not available within the reasonable opportunity period. In addition, a second document establishing identity must be presented.

    1. The following documents are secondary evidence of citizenship: a) A U.S. public birth record. A birth certificate may be issued by the State Commonwealth territory, or local jurisdiction. The birth record must have been recorded before the person was five (5) years of age. A delayed birth record document recorded after five (5) years of age is considered fourth level evidence of citizenship. 1) The U.S. birth record should show one of the following:(a) One of the fifty (50) U.S. States; (b)District of Columbia; (c) American Samoa; (d)Swains Island; (e) Puerto Rico (if born on or after January 13, 1941); (f) Virgin Islands of the U.S. (on or after January 17, 1917); (g)Northern Mariana Islands (after November 4, 1986, NMI local time); Guam (on or after April 10, 1899). b) Verification through the Department of Homeland Security's Systematic Alien verification for Entitlements (SAVE) database to verify U.S. citizenship for a naturalized citizen when original naturalization papers are not available. c) When a child derives U.S. citizenship from a parent and meets the requirements of the Child Citizenship Act of 2000 establish the parents U.S. citizenship and the child's legal immigration status, if applicable, through SAVE to verify the child's citizenship. Primary verification through a Certificate of Citizenship should be available if child was issued a Visa rather than a permanent resident alien card upon entry into the country. d) Certification of Report of Birth Abroad (FS-1350). The Department of State issues a DS-1350 to U.S. citizens who were born outside the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT