Cracking the Citizenship Code

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Ariel Maxwell
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Primary and secondary confirmation processes Ineligible statuses Special cases and other issues 2

1 Cracking the Citizenship Code US Department of Education Agenda Student eligibility and ISIR data matches Who are citizens and nationals? Who are eligible noncitizens? Primary and secondary confirmation processes Ineligible statuses Special cases and other issues 2 Student Eligibility US citizen US national Permanent resident Other eligible non-citizen 3 US Department of Education Page 1

2 Completing the FAFSA Are you a US citizen? Mark only one. Yes I am a US citizen (U.S. national) No, but I am an eligible noncitizen No, I am not a citizen or eligible noncitizen Alien Registration Number A _ 4 ISIR Data Match: Social Security All applications are matched with the Social Security Administration (SSA) to determine citizenship Page 3 of the ISIR 5 ISIR Data Match: Homeland Security Department of Homeland Security (DHS) matches Successful match Record not sent to DHS Status not yet confirmed Page 3 of the ISIR 6 US Department of Education Page 2

Status Not (Yet) Confirmed Eligibility confirmed 10 more business days needed Eligibility not confirmed Not enough information 7 Gaining Eligibility A student is eligible for Title IV aid for the

3 Status Not (Yet) Confirmed Eligibility confirmed 10 more business days needed Eligibility not confirmed Not enough information 7 Gaining Eligibility A student is eligible for Title IV aid for the entire award year, not just the payment period, in which he or she becomes eligible based on citizenship or eligible non-citizenship A student s citizenship status need only be confirmed once during the award year 8 Who are citizens and nationals? 9 US Department of Education Page 3

4 US Citizens and Nationals Citizens All US citizens are US nationals, but not all nationals are citizens but both are eligible for Title IV aid Born in the United States or its territories Parent is a US citizen Naturalization Nationals Born in American Samoa, Swains Island, or the United States Minor Outlying Islands 10 Citizenship Documentation Copy of birth certificate showing student was born in the United States or its territories US passport (book or card) Current or expired Nationals will have a stamp stating Noncitizen National Copy of Consular Report of Birth Abroad (FS-240), Certificate of birth issued by a foreign service post (FS-545), or Certification of Report of Birth (DS-1350) Certificate of Citizenship (N-560 or N-561) Certificate of Naturalization (N-550 or N-570) 11 Citizenship Documentation Citizenship documentation need not be submitted to DHS for confirmation A copy should be kept in the student s file Students may need to contact the SSA to update their records 12 US Department of Education Page 4

5 Who are eligible noncitizens? 13 Eligible Noncitizens Permanent residents Conditional residents Refugees Asylees Parolees 14 Eligible Noncitizens Cuban-Haitian entrants Battered immigrants (VAWA) T-visa Jay Treaty Freely Associated States 15 US Department of Education Page 5

6 DHS Primary Verification Department of Homeland Security (DHS) matches Successful match Record not sent to DHS Status not yet confirmed Automated secondary confirmation Schools should wait 5 to 15 days to proceed 16 DHS Secondary Confirmation Eligibility confirmed Eligibility not confirmed 10 more business days needed Not enough, or conflicting, information 17 Confirmation Process PRIMARY CONFIRMATION ELIGIBILITY NOT ELIGIBILITY AUTOMATED SECONDARY CONFIRMATION PAPER SECONDARY CONFIRMATION ELIGIBILITY NOT BUT NO G-845 RESPONSE ELIGIBILITY NOT ELIGIBILITY 18 US Department of Education Page 6

7 Eligible Noncitizen Documentation Documentation must be unexpired and varies by student status, such as Forms I-94, I-551 or I-797 FSA Handbook: Volume 1, Chapter 2 19 Paper Secondary Confirmation The current G-845 form expires May 31, 2018 The form should be submitted to the Los Angeles USCIS field office within 10 days of receiving documentation Battered immigrant G-845s should be submitted to the Buffalo field office Must give students at least 30 days to produce immigration documents Electronic Announcement: July 19, Completing the G-845 Schools must complete Part 1 The Case Verification Number (field #3) is 15 digits long and can be found in the match flag area of the ISIR Student immigration documentation should be photocopied, both front and back, and attached If student cannot document an eligible status, do not submit a G US Department of Education Page 7

8 Interpreting the G-845 FSA Handbook: Volume 1, Chapter 2 describes acceptable documentation for each status, and how to interpret a USCIS response Receipt of a USCIS response does not in itself constitute eligibility for Title IV aid 22 Interpreting the G-845 Questions on perplexing G-845 interpretations can be referred to: Rene Tiongquico Rene.Tionquico@ed.gov Aaron Washington Aaron.Washington@ed.gov 23 Response Not Received If no response from USCIS within 15 business days, and you have sufficient documentation to make an affirmative determination, you may disburse Title IV aid Note in the student file that USCIS exceeded time allotment and eligibility was determined without their verification If response received after disbursement and conflicts with your determination, stop future disbursements and resolve For those students not receiving a secondary confirmation from USCIS, a paper secondary confirmation is required the following award year Contact DHS s Case Resolution Team at (877) to verify that the G-845 was actually received 24 US Department of Education Page 8

9 Review: Confirmation Process PRIMARY CONFIRMATION ELIGIBILITY NOT ELIGIBILITY AUTOMATED SECONDARY CONFIRMATION PAPER SECONDARY CONFIRMATION ELIGIBILITY NOT BUT NO G-845 RESPONSE ELIGIBILITY NOT ELIGIBILITY 25 Ineligible Statuses Nonimmigrant visas Family Unity status Temporary residents Amnesty Withholding of removal order 26 Ineligible Statuses Deferred Action for Childhood Arrivals (DACA) Temporary Protected Status (TPS) U-visas 27 US Department of Education Page 9

10 DACA Students DACA students are not eligible for Title IV aid, but can complete a FAFSA with a valid Social Security Number ED resource guide for undocumented students 28 U-Visas U-visa immigrants are victims of crime but are not classified under human trafficking (T-visa) or battering (VAWA) provisions After three years of continuous presence in the US, a U-visa immigrant may be eligible to convert to lawful permanent resident status Documentation usually consists of I Special cases and other issues 30 US Department of Education Page 10

11 Undocumented Parents/Spouses An incorrect Social Security Number in itself does not always impede Verification or constitute conflicting information Tax filing requirements still apply for undocumented immigrants Identity theft and fraud issues may be raised 31 Freely Associated States Residents of the Federated States of Micronesia and the Republics of Palau and the Marshall Islands are eligible for Federal Pell Grants Palau citizens are eligible for FWS and FSEOG through FY 2024 Neither are eligible for loans 32 Freely Associated States On the FAFSA... Students are considered eligible noncitizens Leave A-Number blank If the student doesn t have a Social Security Number... Enter 666 and ED will provide a number to use, or use the number provided in a previous year Without an A-Number, no DHS match conducted As long there is no conflicting information no further action such as paper secondary confirmation is required 33 US Department of Education Page 11

12 Unnecessary G-845s In some cases it is not necessary to complete paper secondary confirmation, such as when a student has inadvertently left the A-number blank on the FAFSA Electronic Announcement: March 9, Documentation Documentation is not necessarily required to be collected each year, such as when the document associated with an affirmative G-845 has not expired Some statuses are temporary, however, so documentation may need to be collected later in case the status has changed 35 Documentation Copies Confirmation of eligible noncitizen status If a student is unable to provide original documentation, school policy may permit students to submit photocopied, scanned, or imaged immigration documents The school must also confirm these are true copies, such as with a student affidavit The school must then initiate paper secondary confirmation Dear Colleague Letter GEN US Department of Education Page 12

Documentation Copies Confirmation of citizen or national status If a student is unable to provide original documentation, school policy may permit students to submit photocopied, scanned, or imaged

13 Documentation Copies Confirmation of citizen or national status If a student is unable to provide original documentation, school policy may permit students to submit photocopied, scanned, or imaged citizenship documents The school must also confirm these are true copies, such as with a student affidavit Paper secondary confirmation is never used to confirm citizen or national status Dear Colleague Letter GEN Battered Immigrant-Qualified Aliens Based on immigrant protections under the Violence Against Women Act (VAWA) Documentation includes an I-797 form showing case status: Approved Suspension of deportation Cancellation of removal Prima facie case If school is still unclear, can submit a G-845 with special notation in the Notes box: VAWA Verification Dear Colleague Letter GEN I-797: Notice of Action The I-797 form is used by the USCIS for many purposes, so it is critical that it be carefully reviewed 39 US Department of Education Page 13

14 Primary Resources Federal Student Aid Handbook: Volume 1, Chapter 2 SAR Comment Codes and Text Guide ISIR Guide Dear Colleague Letter GEN (T-visa) Dear Colleague Letter GEN (VAWA) 34 CFR (d); ; subpart I of Part DHS Case Resolution Team: G-845 processing issues: Thank you! zachary.goodwin@ed.gov ED Contacts Region I Training Officers (New England) Pam Gilligan pam.gilligan@ed.gov zachary.goodwin@ed.gov Anita Olivencia anita.olivencia@ed.gov US Department of Education Page 14

15 ED Contacts Research and Customer Care Center Reach FSA 855.FSA.4FAA -- 1 number to reach 10 contact centers! Campus Based Call Center ez-audit COD School Eligibility Service Group CPS/SAIG Foreign Schools Participation Division NSLDS Research and Customer Care Center G5 Nelnet Total & Permanent Disability Team 43 We Appreciate Your Feedback To ensure quality training we ask all participants to please fill out an online session evaluation: This evaluation tool provides a means to inform us of areas for improvement, and to support an effective process for listening to our customers. Additional feedback about training can be directed to joann.borel@ed.gov US Department of Education Page 15

Resolving Citizen and Eligible Noncitizen Issues. Rene Tiongquico Aaron Washington U.S. Department of Education

Resolving Citizen and Eligible Noncitizen Issues Rene Tiongquico Aaron Washington U.S. Department of Education 1 Overview Legal authorities General overview Filling out the FAFSA U.S. citizens or nationals