Presented by: Joan Bailey

Presented by: Joan Bailey

Agenda Citizen/Non-Citizen Database Match Non-Citizen Eligibility U.S. Nationals/U.S. Citizens Eligibility Citizens of Freely Associated States Documentation in Subsequent Years Institutional Liability Common Errors Questions 2

Citizen/Non-citizen Reviewing citizenship status: To verify the information that was reported by the student on the FAFSA that resulted in the citizen/eligible non-citizen data base match discrepancies These ISIR s are identified with a C-Code commonly referred to as C-Flag Determination of eligibility is required prior to disbursement of aid Original documents must be viewed by staff and a copy retained in the applicant file 3

Citizen/Non-citizen CPS Data Base Matches conducted when FAFSA is processed resolution required if match fails: Non-citizens: Department of Homeland Security, (takes precedence over SSA match) Primary confirmation and if necessary secondary automated confirmation conducted and a new ISIR/SAR generated within 3 business days Schools should wait at least 5 but no more than 15 business days for the result of automated secondary confirmation before beginning the paper process Citizens: Social Security Administration See Vol. 1, Chapter 2-Citizenship FSA Handbook 4

Citizen/Non-citizen Example of 2012-2013 SAR Comment Code and Text list associated codes, comments and action needed 5

Citizen/Non-citizen If an applicant fails the citizen/non-citizen data base match, the school notification to the student must include: Information on documentation required to support student s eligibility status Deadline for submitting documentation Statement that title IV eligibility will not be determined until documentation is provided 6

Non-citizens: Non-citizens ISIR codes that require resolution are 46, 68, 105, 109, 142, 144 and 141 if the applicant changes the response after it was already confirmed Eligible Categories: Lawful Permanent Residents (LPR) I551, I551C (green card) Refugees I-94 Victims of Human Trafficking HHS letter Asylum Status I-94 Parolee I-94 Some persons under the Violence Against Women Act Form 1797 Cuban-Haitian Entrants I-94 7

Non-citizens Non-citizens: Match conducted with DHS - Ineligible Categories: Family Unity Status granted relief from deportation, (usually have a Form I-817) Temporary Residents allowed to live and work Non-immigrant Visa workers, students, visitors, foreign government officials etc. usually has a visa type that starts with a letter e.g. B-1, H-1 etc. 8

Non-citizens DHS PAPER SECONDARY CONFIRMATION If the applicant didn t pass automated secondary confirmation or if you have conflicting information about the immigration status, you must use paper secondary confirmation The applicant should submit an unexpired document showing that he/she is an eligible non-citizen in one of these categories: U.S. Permanent Residents Asylee/Refugee Parolee Cuban/Haitian Entrant Conditional Entrant 9

Non-citizens Documentation of Status: Permanent Resident Alien Registration Receipt Card Form I-151, I-551 or I-551C The I-551C must have a currently valid expiration date and the student is required to submit front and back of the card Foreign Passport Machine Readable Migrant Visa (MRIV). Will have a U.S. Customs and Border Patrol (CBP) inspector admission stamp, and include the statement UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR. 10

Non-citizens Documentation of Status: Other Eligible Non-citizens An I-94 or I-94A form that is stamped as Processed for I-551 or I-551C. Temporary Evidence of Lawful Admission for Permanent Residence. Valid until. Employment authorized. (is acceptable if the expiration has not passed) An I-94 form that indicates the following eligible categories: Refugee or Asylum Status Conditional Entrant (granted before April 1, 1980) Parolee (for a period of a year or more) Cuban-Haitian Entrant. A Cuban-Haitian entrant may have an I-94 stamped with applicant for permanent residence ; however, because an applicant for permanent residence by itself is an ineligible category, a Cuban-Haitian Entrant must request documentation of their status as a Cuban-Haitian Entrant from the United States Citizenship and Immigration Services (USCIS). 11

Non-citizens Documentation of Status: Other Eligible Non-citizens Certification or Eligibility letter from the Department of Health and Human Services (HHS) certifying eligibility as a victim of human trafficking. The spouse or children of a victim of human trafficking will not have a letter but will have a T-2 OR T-3 visa I-797 Form that indicates eligibility under the Violence Against Women Act (VAWA) The form should indicate ESTABLISHMENT OF PRIMA FACIE CASE The form I-797 would be valid for 180 days. Applicant is only eligible for aid during the validity of the form. 12

Non-citizens Documentation of Status: Other Eligible Non-citizens Students who meets the criteria of Jay Treaty of 1794 Canadian Born Native American with at least 50% Indian Blood. These students will have either of the following: Band Card issued by Band council of a Canadian Reserve or Department of Indian affairs in Ottawa Birth or baptismal record Affidavit from tribal official or other individual knowledgeable about student family history Identification from recognized native American provincial or territorial organization 13

Non-citizens Documentation of Status: Ineligible Categories for Aid Family Unity Status (Form I-817, granted relief from deportation) Temporary Residents Falling under the Immigration Reform & Control Act of 1986 (I-688). This is due to the Welfare Reform Law that was enacted on 8/22/96 Non Immigrants - (pay close attention to what is on the I-94) categories with a non-immigrant visa (usually has a letter followed by a number; e.g. B-1, F-1, J-2, M-1, etc.) are usually ineligible categories Employment Authorization - (Form I-688A, I-688B, I-766, I-688), by itself, is not proof of eligible non-citizenship status. Someone can be authorized for employment or other benefits, but not be eligible for financial aid Students with an I-94 stamped Temporary Protected Status 14

Non-citizens DHS PAPER SECONDARY CONFIRMATION If you determine the evidence/document submitted is not convincing, the applicant isn t eligible for FSA funds deny, no need to do paper confirmation If the documentation appears to demonstrate that the applicant is an eligible non-citizen, you must submit a copy to the USCIS (DHS)to confirm it is valid The original document must be viewed by staff and a copy made for the student file, a copy is to be submitted for secondary confirmation 15

Non-citizens 16

Non-citizens Completing the G-845 For Secondary Confirmation: The G845 is submitted to the Regional DHS office to confirm the Immigration Status of students. Submit this form with a copy of both sides of the document under review. Complete the G845 as follows based on corresponding numbered field: 1. Student s Alien Registration or I-94 Number 2. Student s Full Name 3. Nationality (if known) 4. Student s Date of Birth 5. Student U.S. Social Security Number from the ISIR 7. Student s DHS Verification Number which can be found on the ISIR. If this field is blank, write in none. If comment 145 appears, print at the top of the G845 (in Large Red Letters or highlight): Comment 145 appears 9. Photocopy of Document Attached (indicate document type and be sure to attach a copy of the document(s) to the G845) 10. Check Education Grant/Loan/Work Study 11. Name of Submitting Official (print your name) 12. Title of Submitting Official 13. Telephone Number 14. Fax Number 15. Date sent to DHS 17

Mailing the G-845: Non-citizens For schools in Florida the form should be mailed to: U.S. Citizenship and Immigration Services (USCIS) 10 Fountain Plaza, 3 rd Floor Buffalo NY, 14202 If a response isn t received within 15 business days schools may make a determination of eligibility and note the student file that a determination was made as USCIS response exceeded time allotment 18

Non-citizens Processing the G845 received from DHS DHS SECONDARY CONFIRMATION: A. Eligible for Aid: -------- 1. Lawful Permanent Resident Alien of the United States -------- 2. Conditional Resident Alien of the United States -------- 6. Alien granted asylum/refugee status in the United States -------- 7. Alien paroled into the United States under Section 212 of the Immigration and Nationality Act (INA) for a period of one year or more. -------- 8. Cuban/Haitian entrant of the United States as defined by section 501 (e) of the REAA of 1980. -------- 9. Conditional entrant of the United States ------- 11. American Indian born in Canada to whom the provisions of section 289 of the INA apply. --------12. U. S. Citizen B. Ineligible for Aid: -------- 4. Alien not authorized employment in the United States. -------- 10. Nonimmigrant Alien -------- 14a. Document is not valid because it appears to be expired. -------- 14b. Document is not valid because it appears to be altered. -------- 14c. Document is not valid because it appears to be counterfeit. C. Needs Further Review: -------- 3. Alien employment authorized as indicated (by itself is insufficient) -------- 5. Alien who has an application pending (by itself is insufficient) -------- 13. USCIS Searching for further information: FAA must review the applicant s Immigration document. 19

Eligible Non-citizens: Non-citizens Statuses for which paper secondary confirmation is not conducted: Applicant who meets criteria of Jay Treaty of 1794 Canadian Born Native American with at least 50% Indian Blood Victims of Human Trafficking and their qualifying relatives Battered Immigrants Violence Against Women Act (VAWA) 20

Non-citizens Special Processing: Victims of human trafficking: because this status is certified by the Department of Health and Human Services (HHS) and not the Department of Homeland Security (DHS), these students will not pass the DHS match, and the normal paper secondary confirmation process does not apply Review the student s certification or eligibility letter from the HHS and call the Office of Refugee Resettlement at 1-866-401-5510, as noted on the letter, to verify its validity and confirm that the eligibility has not expired You must note the date, time, and results of the call and retain a copy of the letter The spouse, child, or parent of a trafficking victim might be eligible for aid. They will not have a certification letter but will have a T-visa (e.g., T-2 or T- 3). They will also fail the DHS match, so you must call the same office as above, to verify the validity of their T-visa as well as the victim s certification letter, note the time and results, and save a copy of both documents. 21

Non-citizens Special Processing: Battered Immigrants Violence against women act (VAWA): They will need to provide documentation based on their case type: self-petition or a suspension of deportation or cancellation of removal order issued by an immigration judge Self petitioners with an I-797 notice of action that indicates: Approval of petition Prima facie case (date has not expired usually 180 days) The I-797 form has a wider usage by the USCIS than for just the cases described above. Therefore it is important to examine the notice carefully. 22

Non-citizens Special Processing: Battered Immigrants Violence against women act (VAWA): You must examine the USCIS document and keep a copy in the student s file. If it indicates he/she is eligible for aid and the expiration date has not passed, you may award aid If you are unclear about eligibility, submit a completed G- 845 form and attach a copy of the document(s). Check Box 10 Other on the form and specify VAWA verification and submit the items to USCIS for confirmation 23

U.S. Nationals and Citizens US Citizens: Database match is conducted with Social Security. A comment code of 146 requires resolution US citizenship is derived at birth or through the naturalization process US citizenship can be documented with: US Passport (a permanent passport can be expired) Passport Card Certificate of Birth Abroad Certificate of Naturalization Certificate of Citizenship (derived through a parent) 24

U.S. Nationals and Citizens Acceptable Documentation: Citizen Born in the United States Birth Certificate showing birth in the U.S., the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), or the Northern Mariana Islands U.S. Passport current or expired, (issued for no less than 5 years) must be signed by student U.S. Passport Card 25

U.S. Nationals and Citizens Acceptable Documentation: Citizens Not Born in the United States Certificate of Citizenship- Must have student s name, certificate number, and the date the certificate was issued, must be signed by student Certification of Naturalization - Must have student s name, certificate number, Alien Registration Number, name of the court (and date) where naturalization occurred, must be signed by student Certification of Birth Abroad Form FS-545, DS-1350, or FS-240, Report of Birth Abroad- Must have embossed seal United States of America and State Department U.S. Passport (valid for not less than 5 years) or passport card, passport must be signed by student. 26

U.S. Nationals and Citizens Acceptable Documentation: U.S. National Copy of birth certificate showing birth in American Samoa, Swain Island, U.S. Minor Outlying Islands U.S. Passport current or expired (issued for no less than 5 years), stamped Noncitizen national 27

Citizens of the Freely Associated States Acceptable Documentation: Citizen of Freely Associated States Copy of birth certificate showing birth in either the: Federated States of Micronesia, Republic of Palau, OR Republic of the Marshall Islands 28

Citizens of the Freely Associated States Eligible for Pell Grant, but ineligible for Title IV loans Citizens of Republic of Palau are eligible for FWS and FSEOG through the 12-13 award year Citizens of Republic of Marshall Island and Federated States of Micronesia are no longer eligible for FWS or FSEOG 29

Documentation in Subsequent Years If a student failed database match, reconfirmation is not required if previously documented as: U.S. Citizen U.S. National Citizen of the freely Associated States; or Lawful Permanent Resident with I551 or I151 that is not expired 30

Documentation in Subsequent Years If the student failed the data base match reconfirmation is required if: Conditional and temporary residents Refugees Cuban-Haitian Entrants Asylee/Parolee Must conduct secondary confirmation using new documents if required 31

Documentation in Subsequent Years Lack of USCIS response for an aid year doesn t count as confirmation in subsequent award years Conflicting information must always be resolved prior to disbursement 32

Institutional Liability Institution bears no liability if: ISIR indicates student met eligibility criterion USCIS response on G-845 Form indicates student document is that of an eligible status School s review of document was a result of a Form G845 not being returned by USCIS within 15 business days or the response was not definitive (school may have elected to resubmit form) 33

Watch For: Common Errors Missing signatures on documents Copy versus original document submitted Expired documents exception US passport Wrong document type work authorization card Eligibility in one aid year doesn t mean eligibility in future years Possession of a document doesn t mean eligible what does document say??? 34

Resources USCIS website www.uscis.gov 2012-2013 SAR Comment Codes on IFAP Federal Student Aid Handbook on IFAP Volume 1, Chapter 2 Citizenship (includes examples of acceptable documentation) 35

QUESTIONS 36