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Citizenship Issues NCASFAA Fall 2017

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Presentation on theme: "Citizenship Issues NCASFAA Fall 2017"— Presentation transcript:

1 Citizenship Issues NCASFAA Fall 2017

2 Introductions Dana Kelly Chief Training Officer kellyd@nasfaa.org
NASFAA Training and Regulatory Assistance Slide 2 © 2017 NASFAA

3 Citizenship Issues Slide 3 © 2017 NASFAA

4 Citizenship and Residency Requirements
To receive Title IV aid a student must: Be a citizen of national of the U.S.; or Provide evidence from U.S. Citizenship and Immigration Services (USCIS) that he/she is: A permanent resident of the U.S.; or In the U.S. for other than a temporary purpose with the intent of becoming a citizen or permanent resident Slide 4 © 2017 NASFAA

5 Citizenship and Residency Requirements
Exceptions: Citizens of Federated States of Micronesia, Republic of the Marshall Islands, and Republic of Palau are eligible for Federal Pell Grants Citizens of Palau are also eligible for FSEOG and FWS Eligible if student attends an eligible institution in a State, or a public or nonprofit private eligible institution of higher education in those jurisdictions Slide 5 © 2017 NASFAA

6 The Database Match Process
All applications are matched with the Social Security Administration (SSA) to determine U.S. citizenship Applications that have an Alien Registration Number (ARN or A-Number) are matched against U.S. Department of Homeland Security (DHS) record If the DHS match fails after automated primary and secondary confirmation, the school must conduct a G-845 paper confirmation Slide 6 © 2017 NASFAA

7 Can We Accept Mailed Photocopies of Citizenship and Immigration Documents for Citizenship Status?
Slide 7 © 2017 NASFAA

8 ANSWER Yes, in certain situations: Distance education
Those who live significantly far from the institution during periods on nonenrollment Other situations where a student may not be able to easily present documentation Slide 8 © 2017 NASFAA

9 ANSWER cont'd See Dear Colleague Letter GEN-15-08 for additional guidance on providing citizenship and immigration documentation to the financial aid office, including a sample affidavit form which must be notarized if mailing option is used See Volume 1, Chapter 2 of the FSA Handbook for additional guidance on the types of documentation that are acceptable for documenting U.S. citizenship or eligible noncitizen status Slide 9 © 2017 NASFAA

10 May a School Accept a Review of Citizenship Documents by a Non-Institutional Individual?
Slide 10 © 2017 NASFAA

11 ANSWER No. Since federal student aid administration is an institutional responsibility, it would not be appropriate. Slide 11 © 2017 NASFAA

12 When Does a Student Gain Eligibility After Citizenship Status Is Resolved?
Slide 12 © 2017 NASFAA

13 ANSWER As long as documentation did not expire before beginning of award year, school may award and disburse TIV aid for entire award year Documentation would only need to be reviewed once during the award year If eligible at time of review, student remains eligible for rest of award year, even if documents expire during the award year. Slide 13 © 2017 NASFAA

14 Can We Award and Disburse Title IV Aid If the Eligible Noncitizen Documentation Expires During the Award Year? Slide 14 © 2017 NASFAA

15 ANSWER Yes, up until the date of expiration
Any Title IV disbursements which are scheduled after the expiration date cannot be made without new eligible noncitizen documentation that has not expired Student keeps previously disbursed aid See page 1-34 of the 2017–18 FSA Handbook Slide 15 © 2017 NASFAA

16 Is a student who passes the citizenship database match but renounces her US citizenship still eligible for Title IV aid?

17 ANSWER It depends Potential conflicting information
Can student prove eligible noncitizen status? If student officially renounced status, name appears in quarterly publication. If name not on list, assume student still US citizen and eligible for aid Slide 17 © 2016 NASFAA

18 Scenario  I have a student who was cleared electronically through the database match with the Department of Homeland Security (DHS). We also received a copy of his Permanent Resident Card (green card) Form I-551. It expires prior to the start of the fall semester. If we did not see his card, we would not have known this was a problem. Slide 18 © 2017 NASFAA

19 Can We Use a Green Card to Document Citizenship if It Will Expire Before the School Year Starts?
Slide 19 © 2017 NASFAA

20 ANSWER Because you are in possession of the card with an expiration date prior to the beginning of the academic year, you have conflicting information that must be resolved before Title IV aid can be disbursed Can be resolved with: Unexpired replacement Permanent Resident Card (I-551) Other unexpired eligible noncitizen documentation I-797 if states extension; G-845 required Slide 20 © 2017 NASFAA

21 Scenario The student was born in Russia and adopted at age 9 by a U.S. family. His Missouri issued birth certificate has the disclaimer, “this certificate is not proof of citizenship”. His Social Security card has a disclaimer, “valid for work only with INS authorization”. His adoption paperwork filed in Family Court in St. Louis, Missouri says that he was “adopted by Act of the Country of the Russian Federation” and should be deemed as the lawful child of his U.S. parents. Slide 21 © 2017 NASFAA

22 How Do We Treat Adopted Foreign Born Children Who Are Not U. S
How Do We Treat Adopted Foreign Born Children Who Are Not U.S. Citizens at Birth? Slide 22 © 2017 NASFAA

23 ANSWER Child Citizenship Act (CCA)
Became effective on February 27, 2001 As of that date, foreign-born children who are not U.S. citizens at birth become citizens once all of these conditions are met: At least one parent (biological or adoptive) is a U.S. citizen The children live in the legal and physical custody of that parent They are under 18 years of age They are admitted as immigrants for lawful permanent residence Slide 23 © 2017 NASFAA

24 CCA cont'd For more information: See page 1-28 of 2017–17 FSA Handbook
USCIS, at  State Department’s inter-country adoption website at Slide 24 © 2017 NASFAA

25 What Documentation Is Acceptable for a Foreign Born Student Who Qualifies for Automatic U.S. Citizenship? Slide 25 © 2017 NASFAA

26 ANSWER A person who seeks documentation of such status must obtain a Certificate of Citizenship (N-560 or N-561) from USCIS for individuals who derive citizenship through a parent A person may also apply for a U.S. Passport with the Department of State to serve as evidence of his or her U.S. citizenship Slide 26 © 2017 NASFAA

27 ADDITIONALLY…. A student could document status as U.S. citizen with:
U.S. birth certificate, including Puerto Rico, Guam, U.S. Virgin Islands, American Samoa, Swains Island, or Northern Mariana Islands U.S. passport (current or expired but NOT limited) U.S. passport card FS-240 (Consular Report of Birth Abroad), FS-545 (Certificate of birth issued by a foreign service post) DS-1350 (Certification of Report of Birth) Certificate of Citizenship (N-560 or N-561) Certificate of Naturalization (N-550 or N-570) While some of these documents have an associated cost, the school and student must address the C-code Slide 27 © 2017 NASFAA

28 Can Citizenship Status Be Verified by an Employment Authorization Card?
Slide 28 © 2017 NASFAA

29 ANSWER No Employment authorization does not qualify a student for federal student aid Student would need to wait until the application for citizenship has been approved, and the eligible noncitizen documentation is subsequently confirmed by the USCIS via manual secondary confirmation Slide 29 © 2017 NASFAA

30 ANSWER cont’d If student did not receive a successful DHS database match on the Institutional Student Information Record (ISIR), you must obtain secondary confirmation from USCIS using the G-845 confirmation process before you can award the student See 6/29/15 Electronic Announcement for most recent version of G-845 All G-845s must be sent to Los Angeles, CA field office per 7/19/16 Electronic Announcement G-845s related to Violence Against Women Act (VAWA) are still sent to Buffalo, NY field office Slide 30 © 2017 NASFAA

31 Is the Citizenship Status Form I-797 Acceptable Documentation of Federal Aid Eligibility?
Slide 31 © 2017 NASFAA

32 ANSWER USCIS Form I-797 by itself is not acceptable citizenship documentation if the individual is in the process of applying for permanent resident status Individuals with an I-797 should also have an A-Number Must provide other documentation of permanent resident status Language on the I-797 is important Could support VAWA Could note extension of expired documentation G-845 needed with copies of I-797 and expired document Slide 32 © 2017 NASFAA

33 ANSWER cont’d Eligible noncitizen could also provide:
Permanent Resident Card or Resident Alien Card (I-551) Alien Registration Receipt Card (I-151) Arrival/Departure Record (I-94) or Departure Record (I-94A) with endorsement “Processed for I-551. Temporary Evidence of Lawful Admission for Permanent Residence. Valid until ____________. Employment Authorized.” I-94 printout from is also acceptable Slide 33 © 2017 NASFAA

34 ANSWER cont’d Eligible noncitizen could also provide:
Machine readable immigrant visa (MRIV) in foreign passport stamped “UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR” Only acceptable if unexpired United States Travel Document containing Reentry Permit (I-327) and the Refugee Travel Document (I-571), annotated with “Permit to Reenter Form I-327 (Rev )” Slide 34 © 2017 NASFAA

35 Is a Certificate of Live Birth the Same as a Birth Certificate?
Slide 35 © 2017 NASFAA

36 ANSWER All certificates of live birth that meet the U.S. State Department requirements for a certified birth certificate are accepted as proof of citizenship Certified birth certificates must have a registrar's signature and a seal that either is raised, impressed, embossed, or multi-colored Not every state will meet these requirements with their certificate of live birth Slide 36 © 2017 NASFAA

37 Does Temporary Protected Status Make a Student Title IV-Eligible?
Slide 37 © 2017 NASFAA

38 ANSWER No Generally speaking, eligible noncitizens for Title IV purposes are individuals who have been admitted to the U.S. on a permanent basis with a status that will allow them to eventually become a permanent resident or citizen Individuals granted Temporary Protected Status are not eligible for Title IV aid because there is no avenue to convert their status to a permanent one Slide 38 © 2017 NASFAA

39 Can a Student In the U.S. On an O-3 Visa Status Receive Title IV Aid?
Slide 39 © 2017 NASFAA

40 ANSWER No An 0-3 Visa status is granted to people accompanying a worker granted entry into the U.S. on a temporary basis Eligible noncitizens are those who reside in the U.S. on a path to become a citizen or permanent resident Those who reside in the U.S. on a temporary basis are not eligible The 0-3 status is granted on a temporary basis; therefore the student is not eligible for Title IV aid Slide 40 © 2017 NASFAA

41 Is Manual Secondary Confirmation Required for Jay Treaty Students?
Slide 41 © 2017 NASFAA

42 ANSWER It depends Persons with at least 50% Native American blood born in Canada with right to live and work in U.S. May have SSN or Alien Registration Number Manual secondary confirmation should be completed only if the student provided his/her ARN on the FAFSA and still failed the citizenship match with the DHS Slide 42 © 2017 NASFAA

43 Jay Treaty cont'd If they fail paper secondary confirmation, can still be eligible if they meet documentation requirements for students without an ARN by providing one or more of the following: A “band card” issued by the Band Council of a Canadian Reserve, or by the Department of Indian Affairs in Ottawa Birth or baptism records An affidavit from a tribal official or other person knowledgeable about the applicant’s or recipient’s family history Identification form a recognized Native American provincial or territorial organization Slide 43 © 2017 NASFAA

44 Parent PLUS Issues Slide 44 © 2017 NASFAA

45 Is a Parent Who Is In the Process of Obtaining U. S
Is a Parent Who Is In the Process of Obtaining U.S. Citizenship Eligible to Borrow a PLUS? Slide 45 © 2017 NASFAA

46 ANSWER In order to borrow PLUS, parent must meet same citizenship requirements as a student (be a U.S. citizen or eligible noncitizen) See 34 CFR  (c)(1)(iii) If the parent is in the process of obtaining U.S. citizenship, it is likely that he/she is currently a permanent resident or has another eligible status Slide 46 © 2017 NASFAA

47 Does the School Have to Document the Parent’s Citizenship Status Before Borrowing a PLUS?
Slide 47 © 2017 NASFAA

48 ANSWER No School does NOT need to document this status before continuing the loan process Parent self-certifies this on StudentLoans.gov PLUS request process and on Master Promissory Note (MPN) Same is true if school uses its own PLUS request process Parent still self-certifies on MPN Slide 48 © 2017 NASFAA

49 Scenario We have a student whose parent has a Social Security Number (SSN) but her Social Security card says not valid for employment. She completed a credit check and was approved for a PLUS. She now tells us that she is not a citizen or a eligible noncitizen and has written a letter stating that she cannot borrow a PLUS because of this. Slide 49 © 2017 NASFAA

50 Is This Sufficient Information to “Deny” the PLUS and Award Additional Unsubsidized Loan Funds? 
Slide 50 © 2017 NASFAA

51 ANSWER As long as you can document the parent is not a U.S. citizen, student would be eligible for the additional Direct Unsubsidized Loan Documentation could include a signed statement from the parent, a C-code indicating the SSN was not a match, etc. This is a policy you should have outlined in your Policies and Procedures (P&P) If there is another parent who is a US citizen/eligible non-citizen, a PLUS denial is required. Slide 51 © 2017 NASFAA

52 Is an Eligible Noncitizen Parent Who No Longer Resides in the U. S
Is an Eligible Noncitizen Parent Who No Longer Resides in the U.S. Eligible for a PLUS? Slide 52 © 2017 NASFAA

53 ANSWER Yes A permanent resident may be an eligible PLUS borrower
Per U.S. Customs and Border Protection Info Center, a lawful permanent resident may leave the U.S. multiple times and reenter, as long as he/she does not intend to stay outside the U.S. for one year or more You should confirm the parent’s length of stay outside the U.S. and whether the parent intends to return to the U.S., or whether he/she has “abandoned” permanent resident status Slide 53 © 2017 NASFAA

54 If One Parent Is On the FAFSA and the Other Parent Is a Noncitizen, Can We Process an Additional Direct Unsubsidized Loan? Slide 54 © 2017 NASFAA

55 Answer No If one parent has provided information on the FAFSA and is a citizen or eligible noncitizen, that parent would have to apply for and be denied PLUS before additional unsubsidized loan funds could be approved for the student Both parents would need to be noncitizens to add additional unsubsidized loan without first applying for the PLUS Slide 55 © 2017 NASFAA

56 Verification Issues Slide 56 © 2017 NASFAA

57 What Must We Do If One Parent Files Taxes as Head of Household and the Other Parent Is Undocumented?
Slide 57 © 2017 NASFAA

58 ANSWER It’s complicated! Verify information used to submit the return
If not satisfied with this information, you should seek an additional opinion from a tax expert (i.e., IRS, accountant, business office, etc.) If the aid administrator is certain HoH status is in conflict with the supporting documentation, school should cease processing the aid application until such time as the conflict is resolved Burden of proof is on the parent or student Slide 58 © 2017 NASFAA

59 ANSWER cont’d If the undocumented parent is earning income in the U.S., he/she may be required to file a federal tax return based on the amount of income earned Information pertaining to tax filing status is found on pages of IRS Publication 17 Slide 59 © 2017 NASFAA

60 How Do We Complete Verification for an Undocumented Individual Who Did Not But Is Required to File a Tax Return? Slide 60 © 2017 NASFAA

61 ANSWER The individual’s undocumented status does not exempt the individual from the requirement to file taxes, if he/she earns enough to be required to file See pages AVG-83 and AVG-86 of the  2017–17 FSA Handbook Slide 61 © 2017 NASFAA

62 Income Thresholds for Most Individuals
Slide 62 © 2017 NASFAA

63 Verification & Undocumented Individuals
To complete verification, any independent student or parent nontax filer subject to verification must provide all of the following: W-2 or equivalent from each source of income Signed/dated worksheet or statement indicating: Person has not and is not required to file a tax return with IRS or foreign taxing authority Sources and amounts of all income for tax year IRS Verification of Nonfiling Letter Slide 63 © 2017 NASFAA

64 Verification & Undocumented Individuals
If W-2s show income that would require filing a U.S. tax return, application processing stops until such time as a tax transcript can be provided Individuals who do not have an SSN and are unable to get one can apply with the IRS for an individual taxpayer identification number (ITIN) to file taxes Slide 64 © 2017 NASFAA

65 IRS Verification of Nonfiling Letter
IRS Form 4506-T and checking box 7 Must be submitted for student, independent student’s spouse, and each parent on the FAFSA, if the individual did not file taxes and the student is selected for verification Slide 65 © 2017 NASFAA

66 IRS Verification of Nonfiling Letter
An individual without an SSN, ITIN, or Employer Identification Number (EIN), is unable to obtain a Verification of Nonfiling Letter from the IRS and, therefore, must submit: Signed/dated statement certifying the individual does not have a SSN, ITIN, or EIN, and listing the sources and amounts of earnings, other income, and resources received for the tax year If applicable, a W–2 or equivalent document for each source of employment income for tax year Slide 66 © 2017 NASFAA

67 IRS Verification of Nonfiling Letter
If living in another country and unable to provide a Verification of Nonfiling Letter, the individual also must provide proof of that taxing authority’s filing requirements, whether obtained directly from the taxing authority or from the taxing authority’s website Can include a letter or from taxing authority or screen capture from taxing authority's website Slide 67 © 2017 NASFAA

68 Thank you! Slide 68 © 2017 NASFAA

69


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