Release 08-07

4.1 U.S. Citizens and Nationals

4.1.2 Compact of Free Association States

All U.S. citizens and U.S. nationals are entitled to apply for and receive BadgerCare Plus if they provide documentation of their citizenship and identity and meet all other eligibility requirements.

A U.S. citizen is anyone who:

Was born in the United States, the Commonwealth of Northern Mariana Islands, Puerto Rico, Guam or the U.S. Virgin Islands.
Was born to a U.S. citizen who was living abroad.
Is a naturalized U.S. citizen.

A U.S. national is anyone who was born in American Samoa (including Swain's Island). The Independent State of Samoa (also known as Western Samoa) is not part of American Samoa, therefore individuals from this country are not U.S. nationals.

4.1.1 Child Citizenship Act

The Child Citizenship Act (CCA) of 2000 amended the Immigration and Naturalization Act (INA) to provide derivative citizenship to certain foreign-born children of U.S. citizens. This applies to individuals who were under 18 years old on February 27, 2001 and anyone born since that date. The children included in the act are:

Adopted children meeting the two year custody requirement
Orphans with a full and final adoption abroad or adoption finalized in the U.S.
Biological or legitimated children
Certain children born out of wedlock to a mother who naturalizes

The CCA provides that foreign-born children who meet the conditions below automatically acquire U.S. citizenship on the date the conditions are met. They are not required to apply for a certificate of naturalization or citizenship to prove U.S. citizenship. These conditions are that the child:

Has at least 1 parent who is a U.S. citizen (whether by birth or naturalization),
Is under 18 years of age,
Has entered the U.S. as a legal immigrant,
If adopted, has completed a full and final adoption; and,
Lives in the legal and physical custody of the US citizen parent in the U.S.

Adopted children automatically become U.S. citizens if the children meet all the above conditions and were:

1. Adopted under the age of 16, and has been in the legal custody of and has resided with the adopting parent or parents for at least two years.
2. Adopted while under the age of 18, and has been in the legal custody of and has resided with the adopting parent or parents for at least two years and is a sibling of another adopted child who is under 16.
3. Orphans adopted while under the age of 16, who have had their adoption and immigration status approved by the USCIS (Form I-171, "Notice of Approval of Relative Immigrant Visa Petition”). These children need not have lived with the adoptive parents for two years.
4. Orphans adopted under the age of 18, who have had their adoption and immigration status approved by the USCIS, and are siblings of another adopted child who is under the age of 16. These children need not have lived with the adoptive parents for two years.

4.1.2 Compact of Free Association States

Persons from the Compact of Free Association States are not considered U.S. citizens or nationals. The Compact of Free Association States include the Republic of the Marshall Islands, the Federated States of Micronesia and the Republic of Palau. Citizens of the Compact of Free Association States (CFAS) have a special status with the US that allows them to enter the country, work here, and acquire an SSN Social Security Number without obtaining an immigration status. They are not eligible for BadgerCare Plus, unless they have obtained a qualifying immigration status. Those CFAS citizens who do not have one of the immigration statuses listed in Section 4.3 Immigrants may qualify for BadgerCare Plus Emergency Services only.

This page last updated in Release Number: 08-07

Release Date: 09/10/08

Effective Date: 09/10/08