description: tags: sech2-citizenship

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CHAPTER 2Citizenship A student has to be a citizen or eligible noncitizen to receive SFA aid. In this chapter, we discuss

what citizenship statuses meet this requirement, and how a student documents his or her citizen-ship status.

ELIGIBLE CATEGORIES

A student must be a citizen or eligible noncitizen to be eligible foraid from the SFA Programs. The general requiremen t for eligiblenoncitizens is that they be in the U.S. for other than a temporarypurpose. The specific eligible statuses are:

A U.S. citizen or nation al.

A U.S. perm anen t residen t.

Citizens of certain Pacific Islands (the Freely Associated States).

Other eligible noncitizens.

The Department per forms matches through the applicationprocess to verify the students status. In add ition, there are procedu resfor a school to follow to confirm a noncitizens status through INS if the CPS matches dont confirm that status.

Students who are eligible because they are citizens of certainPacific Islands can only receive aid from some of the SFA programs(see Citizens of the Freely Associated States, page 49) . Students inthe other categories are eligible for any type of aid through the SFAPrograms if theyre attending an eligible school in the United States. If attend ing foreign schools that participate in the FFEL Program, th eseindividuals may receive FFELs. If a parent wants to take out a Federal

PLUS Loan for a depen den t undergraduate studen t, both the paren tand the student must be U.S. citizens or nationals, permanentresidents, or eligible noncitizens. 2

Citizenship CitesSec. 484(a)(5), 34 CFR 668.32(d),668.33, and Subpart I of Part 668.

2 Note that the Depart ment doesnt check a parent s citi zenship status as part of t he application process. Parents who are permanother eligible noncitizens should provide documentation of that status to the school.


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Vol. 1Student Eligibilit y, 2000-2001

U.S. CITIZEN OR NATIONAL

T he term U.S. citizen includ es citizens of the 50 states, the Districtof Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and theNorthern Mariana Islands. All U.S. citizens are considered to be U.S.nationals. However, not all nation als are U.S. citizens: Natives of American Samoa and Swains Island are not U.S. citizens but arenationals and therefore may receive SFA funds.

SSA citizenship match All applications automatically go through the Social Security

Administration (SSA) match ing system, which verifies both U.S.citizenship status and Social Security Numbers (SSNs)(see Chapter 4of this publication for information on the SSN match). The result of the SSA citizenship match is reported as SSA (on the ISIR) or SSACitizenship Code (on the SAR) in the FAA Information section of theoutput document.

If the student leaves the citizenship question on the FAFSA blank,the CPS will still attempt the citizenship match. If there was a completematch with the studen ts SSN, nam e, date of birth, an d U.S.citizenship, the CPS will assume the studen t is a citizen . The CPS willreject the application ( for insufficient information) if one of the itemsdid not match, or if the SSA match shows the student is not a citizen.

Note that U.S. citizens born abroad might fail the SSA citizenshipmatch un less they have updated their citizenship information with theSSA (see Updating Status for Citizens Born Abroad, page 32).

Successful matchTheres no comment on the outpu t document if the match is

successful. Once all four SSA match elements (SSN, citizenship, name,

date of birth) have been confirmed, the SSA Citizenship Flag will becarried forward to th e n ext years Renewal Application and the matchwill not n eed to be performed again in subsequent years (unless thestudent changes any of the match elements on a later application).

Data doesnt matchIf SSA cant find a match in its database for th e studen ts SSN,

name, or date of birth, then it cant provide information about thestudents citizenship. There will be a commen t on the outputdocument stating that SSA could not confirm citizenship because of aquestion about these items. The student will also have a problem withthe SSN match in th is case. The student shou ld make the necessary

corrections to the SSN, name, or date of birth (see Chapter 4 of thispu blication for a discussion of SSN match problems). When thecorrections are sent to the CPS, the CPS performs the m atch again,and the school should check the new results to see if SSA confirmedthe students citizenship.

If the school and student have resolved the SSN problems, but stillcant get th e studen ts citizenship confirmed, th e studen t can insteadprovide documen tation of citizenship. See Oth er Docum entation fora list of documentation the school can decide to accept.

Documenting Citizenship Cite34 CFR 668.33(c)

Match Flag for Successful Match A or blank

Match Flag for No Match N

Comment for No Match62

Data doesnt Match Example Allen put in an incorrect number for hisSSN when he completed his FAFSA. The

number he used isnt in the SSA database.Therefore, his application fails both theSSN match and the SSA citizenship match.

Allen will need to fix the problem before hecan receive aid. Because the SSN is incor-rect, Sarven Technical Institute asks Allento complete a new FAFSA instead of mak-ing a correction (see Chapter 4 for more on

fixing SSN problems).


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Ch. 2 Citizenship

Citizenship not confirmed If the SSA didnt confirm that the student is a citizen, a comment

will be provided explaining th at the student either needs to providedocum ents proving citizenship or make a correction to show that h eor she is an eligible noncitizen.

If the student is a citizen, he or she must give the schooldocum entation of his or her citizenship status. If the student submitsappropriate documents, the school can disburse aid to the student.Note that, unlike documentation for eligible non citizens, the schooldoesnt submit these documen ts to the INS, or any other agency, forverification. The school does need to keep a copy of the documents inthe students file. The student might also want to contact SSA to haveit update its database, but doesnt have to do this to receive aid. SeeOth er Documen tation for a list of possible documentation.

If the studen t is an eligible noncitizen, he or she must submit acorrection, which m ust include the A-Number. When the correction issent in, the CPS will attempt a match with INS to confirm the studentsstatus (see INS match, page 34).

Other Documentation If a student must documen t his or her status as a citizen or

national, the school decides what it considers acceptabledocumentation. The Department doesnt specify what documentationis acceptable. H owever, the following are some types of cert ificationthe school might choose to use:

A copy of the studen ts birth certificate showing that he or shewas born in the United States.

A copy of Form FS-240 (Report of Birth Abroad of a Citizen of the United States), the FS-545 (Certificate of Birth-ForeignService), the DS-1350 (Certificate of Birth), or the INS FormG-639 (the Freedom of Information Act Form). The first threeforms are gen erated by the State Departmen t and include anembossed seal with the words United States of America andState Department.

A U.S. passport, which may be current or expired. (In the caseof nation als who are no t citizens, the passpor t will be stamp edNoncitizen National.)

A Certificate of Citizenship from the INS. This certificate mustinclude at least th e following information:

the students name, the certificate number (found in the upper right hand cor-

ner), and the date the certificate was issued.

Match Flags for Citizenship notConfirmed

B, C, D, E, F, *

Comment for Citizenship not Con-firmed146

Citizenship not Confirmed Ex-ampleChavo is a U.S. citizen, but SSA doesnt confirm his citizenship status. Sarven Tech-nical Institute asks him to submit docu-mentation of his status. Chavo first sub-mits a Social Security card, but Sarven ex-

plains that the card doesnt document hisstatus because noncitizens can have SocialSecurity cards. Chavo then brings in his

U.S. passport. Sarven makes a copy of the passport for its files, and tells Chavo hiscitizenship has been documented. Sarvenalso advises Chavo to have the SSA correct its database, so that he wont have this

problem again.

Social Security Card and DriversLicense

A Social Security card or drivers licenseisnt acceptable for documenting citizenshipor national status: Noncitizens and nonnationals can also have these forms of identification.


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A Certificate of Naturalization from the INS. This certificatemust con tain at least

the students name, the certificate number (found in the upper right hand cor-

ner), the INS A-Number, the n ame of the court that granted the n aturalization, and the date of natu ralization.

Older versions of the Certificate of Citizenship and of theCertificate of Naturalization advise th e h older not to p hotocopy them .The INS, however, permits photocopying of these documents if donefor lawful purposes (such as applying for SFA fund s).

Updating Status for Citizens Born Abroad Even thou gh studen ts are considered U.S. citizens when born

abroad to parents who are U.S. citizens, the SSA database is notautomatically updated to indicate the students status even if thestudents birth was registered . Therefore, such students ( for example,those born on military bases abroad) will fail the SSA citizenshipmatch until the SSA database is corrected. That is, the applications of U.S. citizens who were born abroad but who file as U.S. citizens areautomatically flagged by the SSA as ineligible fore ign born , even if theapplicant has an SSN.

Such students can document citizenship by providing a Certificateof Birth Abroad. If the birth of the studen t was (before h e or shereached age 18) registered with the American consulate or embassy ina foreign country, the student can receive a copy of the certificate bycontacting

Department of StatePassport Correspondence Branch1111 19th St. S.W., # 510Washington, DC 20522-1705202-955-0737

The student shou ld provide the following information: Namegiven at birth; date and place of birth; daytime phone number;parents names and their dates and place(s) of birth; and a $10 check or m oney order m ade to the Department of State. Students will receiveeither form FS-240 or DS-1350. This process takes four to e ight weeks.The student might also want to con tact SSA about upd ating itsdatabase.

If the students over 18 and the birth wasnt registered, he or shecan file a self-petition for a Certificate of Citizenship to any local U.S.INS office (Form N-600). Proof of the parents U.S. citizenship at thetime of the students birth must be p rovided.


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SSA Citizenship Match

C code or rejected application

Result Comment number and text

Action needed

A or blankSSA confirmedcitizenship status

Nocomment

None

SSA did notconfirmcitizenship status

B, C, D, E,F, or *

C code 146 We sent yourapplication to Social SecurityAdministration (SSA) to verifyyour citizenship status. TheSSA did not confirm that youare a U.S. citizen. You need toprovide your school withdocumentation of your citi-zenship status before you canreceive Federal student aid. Ifyou are an eligible noncitizen,you must correct Item 14 on

this SAR and provide yourAlien Registration Number ifnecessary.

If the student is a U.S. citizen,he or she should providedocumentation (see OtherDocumentation, page 31). Ifthe student is an eligiblenoncit izen, he or she shouldcorrect Item 14 and provide avalid A-Number. If the studentis then successfully matchedwith INS as an eligiblenoncitizen, no furtherresolution is necessary.

SSA could notconfirmcitizenshipstatus becausethere was nomatch on SSN,name, or date ofbirth

N C code 062 In addition, the SocialSecurity Administration couldnot confirm your claim of U.S.citizenship because ofquestions about your socialsecurity number, name, ordate of birth.

Make any necessarycorrections to SSN, name, ordate of birth so record can besent back for matching.Review subsequenttransactions for the updatedmatch results. If the studentbelieves the informationoriginally reported is correct,

he or she should contact SSAso that it may update itsdatabase. The school may paythe student if it receivesdocumentation of thestudents citizenship status(see Other Documentation).

Match flag

U.S PERMANENT RESIDENTS AND OTHER ELIGIBLENONCITIZENS

A permanent resident is a noncitizen who is legally permitted to liveand work in th e Un ited States permanen tly. Other e ligiblenon citizens include

Refugees. This status is considered temp orar y, althou ghrefugees can apply for permanent residence;

Persons granted asylum. Persons who have been granted asylumin the United States are given employment authorization forone year. At the end of that year, they are eligible to apply forper man en t residence. Asylum status continues unless revoked b yINS or until permanent residence status is granted;


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Conditional entrants. These individuals are refugees whoentered the Un ited States un der th e seventh preferencecategory of P.L. 89-236 or whose status was adjusted to lawfulpermanent-resident alien under that category. Note that INSstopp ed using th is category on March 31, 1980;

Persons paroled into the U.S. indefinitely for humanitarianreasons. These individuals are allowed to enter the United Statesunder emergency conditions or under the determination thatthe ir en try is in the public inte rest. This status is temp orary;

Cuban-Haitian entrants .

Some noneligible statuses are: Family unity status. Such individuals have been granted relief

from deportation under the Family Unity Program. Previouslythey were eligible for SFA fun ds.

Temporary residents. These individuals are allowed to live andwork in the U.S. un der the Legalization o r Special AgriculturalWorker pr ogram . Previously they were e ligible for SFA fun ds.

Individuals with nonimmigrant visas. This includes those withwork visas, and students, visitors, and foreign governmentofficials.

INS match To verify the citizenship statuses of U.S. permanent residents and

other eligible noncitizens, the Department collects Alien RegistrationNumbers (A-Numbers) on the FAFSA. (The INS assigns A-Numbers toall legal immigrants.) If the applicant indicates on the FAFSA that he

or she is an eligible noncitizen and provides an A-Number, identifyinginform ation from the FAFSA is automatically sent to the INS forconfirmation. This verification process, performed by the INS, isknown as Primary Confirmation. 3

The results of the match are shown by a match flag in the FAAInformation section of the ou tput document, un der the heading INS(on the ISIR) or INS Match Flag (on the SAR). There will also be acomment about the results on the output document.

Because all applications are sent to the SSA match, an applicationthat undergoes the INS match will also undergo the SSA citizenship

match. Results from the INS match take precedence over an y resultsfrom the SSA citizenship match. Therefore, in cases where the INSmatch is conducted, the SSA citizenship match flags arent on theoutput document, and the school should follow the usual proceduresfor resolving any INS match discrepancies.

3Although we use the word verification, this process is not related to the Departments verification requirements, which are discussed in Chapter 8.


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Ch. 2 Citizenship

Note that if a student leaves the citizenship question blank butprovides an A-Number, the CPS will assume th e applicant is an eligiblenoncitizen and will forward the A-Number to the INS to confirmeligibility. If the studen t leaves both the citizenship question and A-Number blank, the CPS wont attempt th e match with the INS,although as mentioned earlier it will match with SSA. If the studentisnt a citizen, the application will be rejected, and the student mustsubmit a correction with the correct citizenship status and an A-Number if he or she is an eligible noncitizen.

INS Verification NumberWhen an INS match is conducted, a 13-digit INS Verification

Number is assigned to th e student and printed in th e FAA Informationsection. The school will need th is number if it has to check thestudents status through the secondar y process the Department haswith the INS (see Secondary Confirmation). Note that if no INSmatch can be made because a studen t failed to provide an A-Numberon the application, that student wont receive an INS VerificationNumber. The students information should be resubmitted with the A-Number so that a computer m atch may be attempted, because theschool wont be able to check the students status through th esecondary process un less it has an INS Verification Number.

Successful matchIf the INS confirms the students citizenship status through the

match, then the student can receive aid. The output document withthe successful match results is documentation of the students eligiblestatus. Of course, if the school has other information abou t thestudents status that seems to contradict the successful match result, itmust resolve th e conflicting information before paying the student(see Conflicting Information in th e Introduction to this publication) .

Not enough informationIf the studen t said h e or she was an eligible n oncitizen but didnt

provide an A-Number, or the A-number was illegible or invalid, thematch wont be attempted. In stead, the studen t will receive a commen texplaining th at theres a question about the A-Number, and d irectingthe student to provide d ocumentation of his or h er eligibility to theschool. The student will need to submit a correction with the correctA-Number, so that the match can be condu cted. The school cant useSecondary Confirmation to confirm the students status.

Note that citizens of the Marshall Islands, the Federated States of

Micronesia, and Palau will get the same comment because suchstudents wont have A-Numbers to report. However, these studentsarent required to p rovide proof of eligible n oncitizen status (seeCitizens of the Freely Associated States, page 49).

Reject Code and Comment Num-ber if Noncitizen Leaves All Citi-zenship Information Blank

Reject 17, Comment 68

Match Flag for Successful MatchY

Comment for Successful Match143

Comment for Not Enough Infor-mation142


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Match Flag for No Confirmation N

Comment for No Confirmation144

Status not confirmed If the match was cond ucted, but the INS didnt confirm the

students status, the school must resolve the discrepancy before paying

the student. Although the student isnt automatically ineligible for SFAfunds, additional procedures may be necessary to documen t thestuden ts eligibility. Th is subsequen t process is called Secondar yConfirmation.

The student will have a comment on the ou tput documentexplaining th at h is or her status wasnt confirmed. Th e commen t alsotells the student to submit documentation to the school. The school

C code or rejected application

Result Action needed

Students eligiblenon-citizen

status confirmedby INS

Y 143 Your citizenship statushas been confirmed by the

Immigration and NaturalizationService (INS), and you meet thecitizenship requirements forFederal student aid.

None

Match notconductedbecause studentdid not provideenoughinformation(including a validA-Number)

blank C code 142 The Immigration andNaturalization Service (INS) couldnot confirm your statement thatyou are an eligible noncitizenbecause there is a question aboutyour alien registration number.You must submit proof of yournoncitizen eligibility to yourschool within 30 days after yougive this SAR to your school. If youfail to submit proof within 30days, you may be found ineligiblefor Federal student aid.

The student should makecorrections to provide themissing information.When the corrections aresubmitted, theapplication will bematched with thedatabase; the schoolshould check the newoutput document formatch results. Thiscomment will also appearfor certain non-citizensnot required to have A-Numbers (see Citizens ofthe Freely AssociatedStates, page 49).

NINS did notconfirmstudents

eligible non-citizen status

144 The Immigration andNaturalization Service (INS) didnot confirm your statement that

you are an eligible noncitizen.You must submit proof of yournoncitizen eligibility to yourschool within 30 days after yougive this SAR to your school. Ifyou fail to submit proof within 30days, you may be found ineligiblefor Federal student aid.

Secondary Confirmationrequired (see Using theG-845S for Secondary

Confirmation, page 41).

C code

INS Match

Match flag

Comment number and text


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Status not Confirmed ExampleOn his original application, Hector re-

ported that he was a citizen, and didnt report his A-Number. When SSA didnt confirm this, he told the FAA at Guerrero Uni-versity that he was a permanent resident.

Hector made a correction, but the INSdidnt confirm his status as an eligiblenoncitizen. This time, he explained to theFAA that he had applied for permanent resident status, but didnt have documenta-tion yet. The FAA told him that when hehad documentation that his applicationwas approved, he should bring it toGuerrero, so that it could be submitted tothe INS for confirmation.

Conditions Requiring SecondaryConfirmation Cite34 CFR 888.133(a)

Use of Copy of I-94 Note that a refugee or an asylee may apply for permanent-resident status. During the period in which the application is being re-viewed, the student must surrender his or her original I-94 to INS. INS will give thestudent a copy of the original I-94, whichwill include the endorsement 209a (or 209b) pending. Employment Authorized.Students with this form of documentation

are eligible for SFA funds.

Documentation for Cuban-HaitianEntrantsThe I-94 for some Cuban-Haitian entrantswho are applying for permanent residencemay be stamped applicant for permanent residence. (Or the student may instead begiven a separate document acknowledgingthe receipt of his or her application for per-manent residence.) Because the application

for permanent residence is not sufficient tomake a student eligible for SFA funds, astudent who is a Cuban-Haitian entrant must request documentation of that status

from INS.

Secondary Confirmation If the INS cant confirm a students claim to be an eligible

non citizen or a school has conflicting information about a studentscitizenship status, the school has to use a secondary process to confirmthe students status. The studen t has to give th e school docum entationshowing th at he or she is an eligible noncitizen. If this docum entationdoesnt seem to pr ovide reasonable eviden ce that the student is aneligible non citizen, the school can determine that th e student isnteligible for SFA funds. However, if the student provides documentationthat appears to demonstrate that he or she is an eligible noncitizen,the school submits the documentation to the INS to confirm that thedocumentation is valid. This collection and submission of additionalmaterial is known as Secondary Confirmation.

Acceptable DocumentsThe standard documentation for a perm anent r esident of the

United States is the Alien Registration Receipt Card (Form I-151 orForm I-551). Both forms are referred to colloquially as green cards,although the newly issued forms are most often white with blue orpink wavy lines. The INS is replacing cards issued before 1979 withthese new, counterfeit-resistant cards. The deadline established forpermanent residen ts to replace th eir old cards was March 20, 1996.However, the older Form I-151 cards remain acceptable as evidence of permanent residen ce for the purpose of receiving SFA funds. Apasspor t or a Departu re Record ( Form I-94) is also acceptable if it hasone of the following stamps:

A passport or I-94 stamped Processed for I-551. TemporaryEvidence of Lawful Admission for Permanent Residence. Validun til ____________. Employment Author ized .

An I-94 stamped Temporary Form I-551. Admission forper man en t re sidence at _______________[por t] on______________ [date] verified. _________________ [signatureof issuing officer] _________ [title]. This I-94 will also containthe individuals photo and an INS seal over the photo and thestamp.

For other types of eligible noncitizens, evidence of their status is onthe I-94. The I-94 will contain one of the following:

Refugees. A stamp read ing eithe r Adm itted as a RefugeePursuant to Section 207 of the Act. If you depart the United

States you will need pr ior pe rmission to retu rn . Employmen tAuth orized, or Status changed to refugee pursuant to Section207 (c)(2) of the Immigration Nationality Act, on ___________.Employment Authorized. Refugees may also have a RefugeeTravel Docume nt (Form I-571), which can be u sed fordocumentation if its unexpired.

Asylees. A stamp read ing Asylum status grante d pursuant toSection 208, INS. Valid to ________________. EmploymentAuthorized.


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Jay TreatyThere is one unusual circumstance wherethe school will need to collect documenta-tion from the student but not submit it tothe INS for Secondary Confirmation. The

Jay Treaty of 1794 (as well as subsequent treaties and U.S. immigration law) givesCanadian-born Native Americans with50% Indian blood the legal right to liveand work in the United States. Such indi-viduals are not subject to the legal restric-tions typically imposed on aliens by the

INS, are not required to obtain documenta-tion from the INS, and are considered lawfully admitted for permanent resi-dence.

Because few SFA applicants are eligible un-der the Jay Treaty, the FAFSA does not in-clude a separate response for such students.Therefore, any student eligible for SFA

funds through the Jay Treaty should report that he or she is an eligible noncitizenand fill in A999999999 for the A-Num-ber. The application will not be matched with INS, and a comment (comment 142)will be printed on the output document.The school must obtain proof that the stu-dent has 50% Native American blood and was born in Canada. To do so, the student should provide one or more of the followingdocuments:

A band card issued by the Band Coun-

cil of a Canadian Reserve, or by the De- partment of Indian Affairs in Ottawa.

Birth or baptism records.

An affidavit from a tribal official or other person knowledgeable about theapplicants or recipients family history.

Identification from a recognized Native American provincial or territorial organiza-tion.

If the student can provide one of the above forms of documentation, and is otherwiseeligible, the school must document the fileand can award SFA funds.

Conditional entrants. A stamp indicating that the student hasbeen admitted to th e Un ited States as a conditional entrant.Because INS stopped using this category on March 31, 1980, aschoo l that doesnt he ar from the INS within th e pe rmissibletime frame shou ldnt disbur se to a studen t who shows an I-94with con ditional-en tran t status gran ted after March 31, 1980.

Parolees. A stamp indicating that the student has been paroledinto the United States for an indefinite period of time forhum anitarian r easons. The word indefinite and/ orhumanitarian will be handwritten into the stamp.

Cuban-Haitian entrants. A stamp across the face of the I-94indicating that th e studen t has been classified as a Cuban -Haitian Entran t ( Status Pending) . Reviewable Januar y 15, 1981.Employmen t auth orized until Janu ary 15, 1981. Note th at adocumen t showing that the holder is a Cuban-Haitian entran t isvalid even if the expiration date would make the documentappear to be no longer valid.

Each of the docum ents described above will be stamped in a rust-colored ink. It will normally contain a validation indicating the officeof issuance and a code that ind icates what officer p repared thedocument. Examples of codes are WAS-82 (Washington DistrictOffice, Officer Number 82) or 1/ 13/ 84 SPO.KD (Spokane Office,officers initials KD).

The school must keep in the students file a copy of the citizenshipdocumentation the student submits, along with the SecondaryConfirmation results received from th e INS. Documentation providedas proof of the students citizenship status (such as the I-551 and I-94)

may legally be p hotocopied by the student, as long as the photocopiesare made for this lawful purpose. The student must understand that heor she is permitted to photocopy an INS document only for lawfulpurposes such as applying for SFA funds. (Document photocopying isgenerally not permitted even for other purposes.)

FAAs must always examine an d copy original docum ents.Sometimes the endorsement (a stamp) does not photocopy well dueto the ink color on the original document. In this case, the financialaid administrator should hand copy the exact endorsement on thephotocopy. Because the endorsemen t can be placed an ywhere on theI-94, the en dorsemen t may be difficult to locate. Note th at although

the endorsement may appear on the students passport, theendorsement must also be on the I-94. INS offices dont have uniformprocedures or stamps. The school should contact the local INS officewith questions regarding acceptable citizenship documentation.

Special circumstancesIf the student has an I-551 with a baby picture, he or she

shou ld update the I-551 with INS. Permanen t residents areexpected to get a new picture and be fingerprinted at the age of 14. However, the school can submit the docum ents to INS and


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Ch. 2 Citizenship

documentation for an eligible status, as described above, thestudent cant receive aid.

An approved Form I-797, Application for Voluntary DepartureUnder th e Family Unity Program, ind icates that the student h asbeen granted relief from deportation under the Family UnityProgram. Students with this status are no longer eligible for SFAaid.

The Immigration Reform and Control Act of 1986 ( IRCA)established a legalization p rogram (also called the am nestyprogram ) for certain illegal aliens. The alien might eventually begranted perm anen t residen t status. Although these individualswere given docum entation that allowed them to work while th eirapp lication was being processed, they arent eligible for SFA aidun til their application for permanent residen t status is approved.Documen ts such an individual might have in the interim are theEmployment Authorization Card (Form I-688A), EmploymentAuthorization Documents (Form I-688B or the I-766), or theTemporary Resident Card (Form I-688). Non e of these documentsqualify the student for SFA eligibility.

A student with a n onimmigrant visa isnt eligible for SFA fun dsun less he or she h as a Form I-94 with one of the endorsementslisted earlier. Nonimmigrant visas include the F-1, F-2 or M-1Student Visa, B-1 or B-2 Visitor Visa, J-1 or J-2 Exchange VisitorsVisa, H series or L series Visa ( which allow temporar y employmentin the U.S.), or a G series Visa (per taining to intern ationalorgan izations). Also, someone who h as only a Notice of Approvalto Apply for Permanent Residence (I-171 or I-464) cannot receiveSFA funds.

Some students may present Forms I-94 stamped TemporaryProtected Status. This status is used for persons who are fromcountries that are in upheaval, but the status differs significantlyfrom Refugee or Asylum because it p rovides no conversion topermanent-resident status. A student with this status is not eligiblefor SFA funds.

Using the G-845S for Secondary ConfirmationTo initiate Secondary Confirmation, the school must complete a

Form G-845S. The G-845S (Document Verification Request) is astandard INS form that is used to ask the File Control Office at INS to

confirm that a noncitizens documentation is valid. A copy of the G-845S is on pages 43 and 44.

To complete the G-845S, fill in each item on the top half of theform. The A-Number is provided in the first item; Education Grant/ Loans/ Work Study must be marked in Box 8, Benefits. The FAAmust state his or her name as the submitting official and the schoolsname as the submitting agency. Und er Item 6, Verification Number,the school must provide the 13-digit number that is located in the FAA


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Information section with the match flags. Secondary Confirmationrequests sent to INS without Verification Numbers will be returnedunprocessed.

Photocopies of the front and back sides of the students citizenshipdocum ent must be attached to the Form G-845S. Be sure to submiteach pertinent visa and document along with the G-845S. The G-845Sis used only to certify the authenticity and identity of immigrationdocuments attached to it; the G-845S cant be submitted to INS byitself for determining a studen ts eligibility for SFA funds. A studen twho has lost documents or surrendered these documents whenentering pr ison is responsible for obtaining copies of these docum entsbefore the G-845S is submitted. (See Replacing Lost INS Documents,page 50.) Schools can request copies of immigration docum entsdirectly from penal institutions at the request of the studen t. Theschool must send th e comp leted G-845S and attachm ents to the FileControl Office serving its locale no more than 10 business days afterreceiving the documentation from the student.

A status-verifier at the District INS Office will search the studentsrecord to confirm his or her immigration status. The status-verifier atthe INS office completes the INS Response section of the G-845S andsends it back to the school, generally within 10 working days of receipt.The Department recommends that the school document its mailingsto INS. If the school hasnt heard from INS, it might want to call theINS office to m ake sure that th e G-845S was received. If the schooldoesnt receive a determination from INS within 15 working days (10working days plus 5 days mail time) of the date the school sent the G-845S, the FAA should review the file to determine whether he or shefeels the student meets the citizenship eligibility requirements basedon th e documen tation th e studen t provided and the information in

this chapter. If the FAA believes that the student meets therequ iremen ts, the school can make an y disbursemen t for which thestudent is otherwise eligible; the school, however, must note in thestudents file that INS exceeded the time allotmen t and , thus,citizenship eligibility was determined without the benefit of INSverification.

When Secondary Confirmation results in an eligible status, theschool must keep the G-845S. If a discrepan cy is discovered as a resultof the INS respon se, the school must notify the student th at he or shemust correct the discrepan cy with INS and that no certification of loans or further disbursement of funds can be made until the

discrepancy is corrected. If the discrepancy isnt reconciled with INS,the student must repay all aid except wages earned under FWS.When ever th e studen t is able to provide new information, it must besubmitted to INS on a new G-845S.

As long as the school has followed th e procedures outlined h ere,including notifying the student of the discrepan cy and withholdingfurther payments and loan certifications as soon as a discrepancy is

Elimination of Verification Num-ber Exception

In previous years, if the INS match failed due to processing problems, the studentsoutput document would have no Verifica-tion Number, but the school would need to

perform Secondary Confirmation to verifythe students status. In those cases, schoolswere allowed to send a G-845S for Second-ary Confirmation without the Verification

Number, as long as they noted the specificcomment associated with the processing

failure (Comment 145) on the G-845S. Be-ginning with the 1999-2000 award year,the processing failure results and comment have been eliminated, because the Depart-ment has set up the processing system to

prevent match failures in individual cases.Therefore, schools must provide a Verifica-tion Number on every G-845S it sends to

INS. Note that the Department will notifyschools if there are general problems with or changes to any of the matches.

Procedure Requirements Cite34 CFR 668.135

Determining Eligibility if INS Re-sponse is Late Cite34 CFR 668.136(b)


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Ch. 2 CitizenshipSAVE

Section A >to be completed by the submitting agency.

OMB #1115 >0Document Verification Request

To: Immigration and Naturalization Service

From: Typed or Stamped Name and Address of Submitting Agency

Attn: Status Verifier(INS may use above address with a #20 window envelope.)

1. Alien Registration or I >94 Number

2. Applicants Name (Last, First, Middle)

3. Nationality

4. Date of Birth (Month/Day/Year)

5. Social Security Number

1. " This document appears valid and relates to aLawful Permanent Resident alien of the

United States.2. " This document appears valid and relates to aConditional Resident alien of the UnitedStates.

3. " This document appears valid and relates to analien authorized employment as indicatedbelow:a. " Full >Timeb. " Part >Timec. " No Expiration (Indefinite)d. " Expires on

(specify Month/Day/Year, below)

4. " This document appears valid and relates to analien who has an application pending for(specify INS benefit below)

5. " This document relates to an alien having beengranted asylum/refugee status in the UnitedStates.

6. " This document appears valid and relates to analien paroled into the United States pursuant toSection 212 of the I&N Act.

7. " This document appears valid and relates to analien who is a Cuban/Haitian entrant .

U.S. Department of JusticeImmigration and Naturalization Service

6. Verification Number

7. " Photocopy of Document Attached.(If printed on both sides, attach a copy of the front and of theback.)

" Other Information Attached (Specify documents) .

8. (Benefit) (Your Case Number) " AFDC" Education Grant/Loans/Workstudy" Food Stamp" Housing Assistance" Medicaid/Medical Assistance" Unemployment Insurance" Employment Authorization" Other (specify)

9. Name of Submitting Official

10. Title of Submitting Official

11. Date

12. Telephone Number

8. " This document appears valid and relates to analien who is a conditional entrant .

9."

This document appears valid and relates to analien who is a nonimmigrant(specify type or class below)

10. " This document appears valid and relates to analien not authorized employment in the UniteStates.

11. " Continue to process as legal alien. INS issearching indices for further information.

12. " This document is not valid because it appears tobe (check all that apply) a. " Expiredb. " Altered

c. " Counterfeit

" Please see reverse for additional comments.Form G >845S (Rev. 06/06/89) Y

INS Stamp

Section B >to be completed by INS

INS RESPONSE: From the documents or information submitted and/or a review of our records we find that:


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Comments13. " No determination can be made from the information submitted. Please obtain a copy of the original alien

registration documentation and resubmit.

14. " No determination can be made without seeing both sides of the document submitted (please resubmit request) .

15. " Copy of document is not readable (please resubmit request) .

PRUCOL

For Purposes Of Determining If Alien Is Permanently Residing Under Color Of Law Only!

16. " INS actively pursues the expulsion of an alien in this class/category.

17. " INS is not actively pursuing the expulsion of an alien in this class/category, at this time.

18. " Other

Instructions

f Submit copies of both front and back of aliens original documentation.f Make certain a complete return address has been entered in the From portion of the form .f The Alien Registration Number (A Number) is the letter A followed by a series of (7) or (8) digits. Also in this

block may be recorded the number found on Form I >94. (Check the front and back of the I >94 document and if theA Number appears, record that number when requesting information instead of the longer admission number asthe A Number refers to the most integral record available.)

f If Form G >845 is submitted without copies of applicants original documentation, it will be returned to thesubmitting agency without any action taken.

f Address this verification request to the local office of the Immigration and Naturalization Service.


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5. This document relates to an alien having been grantedasylum/ refugee status in the United States: This is checkedwhen an alien has been granted asylum or refugee status in theUnited States. Documentation presented may include eitherForm I-94 stamped with Section 207-Refugee or Section 208-Asylee or a Refugee Travel Document (Form I-571). A studentwith this status is eligible for SFA aid.

6. This document appears valid and relates to an alien paroledinto the United States pursuant to Section 212 of the I&N Act:This is checked for an alien who has been allowed to enter theUnited States und er em ergency conditions or un der thedetermination that his or her entry is in the public interest. Thisstatus is temp orar y. Documen tation p resented m ay includeForm I-94 stamp ed with Section 212(d) (5) - Parolee. A studen twith this status is eligible for SFA aid.

7. This document appears valid and relates to an alien who is aCuban-Haitian entrant: This is checked for Cubans who enteredthe United States illegally between April 15, 1980 and October10, 1980 and Haitians who en tered the coun try illegally beforeJanuary 1, 1981. A student with this status is eligible for SFA aid.

8. This document appears valid and relates to an alien who is aconditional entrant: This is checked for conditional entrantsunder the old provisions of P.L. 89-236. Documentationpre sen ted may include Form I-94 stamp ed with Section203(a)( 7). Noncitizens who fall into th is category had to h aveentered the Un ited States prior to th e en actment of the RefugeeAct of 1980. A student with this status is eligible for SFA aid.

9. This document appears valid and relates to an alien who is anonimmigrant. This is checked to indicate an alien who istemp orar ily in th e Un ited States for a specific purp ose. Thiscategory includes studen ts, visitors, and foreign govern men tofficials. Docume ntation pre sen ted may include the Form I-94.Students with th is status aren t eligible for SFA aid.

10. This document appears valid and relates to an alien notauthorized employment in the United States: This block ischecked when an aliens status prohibits employment in theUnited States. Students with this status arent eligible for SFAaid.

11. Continue to process as legal alien. INS is searching indicesfor further information. This block is checked if INS iswithholding judgment, pending further investigation on thestatus or validity of docu men tation. Th is statement doesnt imp lythat the applicant is an illegal alien or the holder of fraudulentdocumentation. Benefits shouldnt be denied on the basis of thisstatement.


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Ch. 2 Citizenship

The students documentation should be accepted at face valueun til INS sends final n otification regard ing immigration status.If the student appears to be an eligible noncitizen based uponthe schoo ls review of the documen ts, the school m ay pay thestudent any SFA funds for which he or she is eligible. If INSlater notifies the school that the students documentation isntvalid, th e school must cancel furth er disbur seme nts but isntliable for the paymen ts alread y mad e.

12. This document is not valid because it appears to be...: This ischecked when the d ocumen tation p resented has expired orwhen an item appears to be counterfeit or altered ( there ar echeckboxes used to indicate which of the se ap ply) . Notify thestuden t th at unless corrective action is taken with INS, the casewill be submitted to the Office of Inspector General (OIG).Additional communication with INS will allow any unfortunatemistakes in the status-verifiers review to be corrected. Until thisdiscrepan cy is resolved, n o furth er aid may be d isbur sed,awarded, or certified. If the student does not take correctiveaction in a timely manner, the case must be reported to theOIG.

The INS will initial and stamp the front of the G-845S in thesignature block.

The comments block on the back of the G-845S provides furth erinstructions. The intended m eaning of each of the following blocksthat may be checked follows:

13. No determination can be made from the informationsubmitted. Please ob tain a cop y of the original alien registration

documentation and resubmit. This is normally checked whenthe schoo l has failed to provide cop ies of any of the INSdocuments. The statement is often accompanied by a listing of acceptable forms of documentation. The school should resubmitthe G-845S with cop ies of the original alien documen tation.

14. No determination can be made without seeing both sides of the document submitted. Resubmit the G-845S with copies of both sides of each documen t.

15. Copy of document is not readable. Resubmit the G-845S withhigher quality copies of the original alien documentation.

The comments listed under Permanently Residing Under Colorof Law (PRUCOL) reflect information about aliens who have appliedfor special treatment (for example, by virtue of having life-threateningmedical situations) that may cause the INS to refrain from seekingtheir expulsion. These blocks will be checked only if a request forevaluation for PRUCOL is made in Block 8 on the first page of the G-845S. Comments will rarely be made in this section because the schoolwouldnt have asked for a PRUCOL evaluation when submitting the G-845S. However, in all cases, the INS should check other responses on


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the form as well, and these other re spon ses shou ld be used todetermine the students status.

Student rightsThe student is permitted at least 30 days from the time the school

receives the output document to provide documentation of his or hercitizenship status. During th is per iod and until the results of theSecondary Confirmation are received, a school cant deny, reduce, orterminate aid to a student. Disbursements can be made to anotherwise eligible student pending the INS response if at least 15business days have passed since the date on which the documentationwas submitted to the INS. (Of course, the general exclusions forinconsistent data being on file are applicable here.)

A school isnt liable for an error in its determination that a studentis an eligible noncitizen if, in making that determination, th e schoolhad no conflicting data on file and it relied on

an output document indicating that the student meets therequiremen ts for federal studen t aid,

an INS determination of an eligible immigration status inresponse to a request for Secondary Confirmation, or

immigration status documents submitted by the student, if theINS did not respond in a timely fashion.

The student (or parent for PLUS borrowers) is liable for any SFAfunds received if he or she is ineligible. If the school made itsdetermination without h aving one of these types of documents, theschool is held responsible for repaying SFA funds to the Department.

The school should establish procedures to ensure that if SFA fundsare disbursed and the school later determines (using SecondaryConfirmation) that th e student isnt an e ligible non citizen, th e studentis provided with a notice of the determination, an opportunity tocontest the determination, and notice of the schools finaldetermination. The studen t can contest the determination bysubmitting to the school all additional documents that the studentbelieves support his or her claims to be an eligible noncitizen. If thedocum ents appear to suppor t the students claim, the school shouldsubmit them to INS using Secondary Confirmation. The schools finaldetermination would be based on th e Secondary Confirmation results.

For every student required to undergo Secondary Confirmation,the school is required to furn ish written instructions providing

an explanation of the do cumen tation th e studen t must submitas evidence of eligible noncitizen status. (Th e Summar y Chartof Acceptable Documentation found on page 51 is acceptable);

Requirement for Procedures ifIneligibility Determined AfterDisbursement Cite34 CFR 668.136(c)


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Ch. 2 Citizenship

the institutional deadline for submitting documentation (whichmust be at least 30 days from the date the schoo l receives theresults of the Primary Confirmation) and notification that if thestuden t misses the d eadline, h e or she may not receive SFAfunds for th e award p eriod or period of enr ollmen t; and

an acknowledgment that n o determ ination o f the studen tseligibility will be made until an opportunity to submitimmigration status docum ents is provided.

CITIZENS OF THE FREELY ASSOCIATED STATES

T he Compact of Free Association (P.L. 99-239) created threepolitical entities from the former Trust Territory of the PacificIslands. Two of these entities, the Marshall Islands and the FederatedStates of Micronesia, voted in 1986 to end political ties with the UnitedStates. The th ird entity, Palau, voted to ratify the compact in 1994; itsindependen ce was effective O ctober 1, 1994. These three entities arethe Freely Associated States. Citizens of the Freely Associated States areeligible for Pell Grants, FWS, and FSEOGs but are not eligible forloans.

Documenting Status Studen ts who are citizens of the Freely Associated States should

answer the citizenship question on the FAFSA by indicating that theyare eligible n oncitizens and leave th e item about the A-Number blank.(If the student doesnt have an SSN, he or she can leave that itemblank as well.) Because the student isnt providing the A-Number, hisor h er application wont go thr ough the INS match. As long as thestudents file contains consistent information on his or her citizenship,the school isnt requ ired to collect documen tation.

Citizens of the Freely Associated States who file through EDExpressmay indicate that they are eligible noncitizens, after which their stateof legal residen ce will be confirmed. If they are determined to beresidents of the Freely Associated States, they wont be required toprovide an A-Number, and EDExpress wont reject their applications.

DOCUMENTING CITIZENSHIP STATUS IN LATER AWARDYEARS

T here are several cases in which the school must verify a studentscitizenship in a subsequent award year if that student again doesnot receive Primary Confirmation th rough the app lication process.

For examp le, a studen t who presented a Temporary Form I-551 ina pr ior award year should h ave received a permanen t I-551 by the nextyear and shouldnt still have a temporary card. The school should referthe student to INS to obtain a permanent I-551 or an updatedendorsement on the previous card. The documents should also besubmitted to INS on a G-845S.

School Secondary Confirma-tion Policies RequirementsCite34 CFR 668.134

Eligibility of Citizens of Freely As-sociated States Cite

34 CFR 668.33(b)


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The school must also document the eligible noncitizen status eachaward year for a conditional permanent resident, a refugee, a Cuban-Haitian entrant, or a person granted asylum. Students in an y of thesecategories may have been adjusted to permanen t-residen t status ormay have had their statuses revoked. The school will have to performSecondary Confirmation if the students status isnt confirmedthrough the INS match.

The school doesnt have to perform Secondary Confirmation todocument a students eligible noncitizen status in subsequent awardyears if the school previously documented that the student is a U.S.citizen or n ational, is a citizen of the Freely Associated States, or has aForm I-551 or I-151.

In addition, the school isnt required to perform SecondaryConfirmation if in a previous award year a school determined thestudent to be an eligible noncitizen through Secondary Confirmationand the documents used for that Secondary Confirmation haventexpired. Th e school must also have n o conflicting information orreason to doubt the students claim of having eligible noncitizen status.Also note that the school must have confirmed the status in a p reviousaward year. (Although the school can disburse aid without the INSresponse if the INS doesnt respond in time, the school cant coun tthat lack of response as confirmation for the following year.)

REPLACING LOST INS DOCUMENTS

I f a student cant locate his or h er official INS documen tation, thestudent must request that the documents be replaced becauseimmigrants are requ ired to h ave in th eir possession documen tationverifying their statuses. Requests for replacement documents should be

made to the INS District Office that issued the original documen ts.The student will be asked to complete a Form I-90, Application to

Replace Alien Registration Card or a Form I-102, Application forReplacemen t/ Initial Nonimmigrant Arrival-Departure Documen t.PDF versions of these forms can be downloaded from the INS web siteat < http:/ / www.ins.usdoj.gov/ forms/ >. A temporary I-94 may beissued while the replacement documents are pending.

In cases of undue hardship, where the student urgently needsdocumentation of his or her status, the Freedom of Information (FOI)Act allows the studen t to obtain photocopies of the docum ents from

the INS District Office th at issued the original documents. The studentcan submit an INS Form G-639 to make this request or can simplysend a letter to the district office. If the student is not sure whichdistrict office issued the original documen ts, he or she can submit therequest to the FOI office in Washington, DC at

Freeedom of Information425 I Street, N.W.Room 5304Washington , D.C. 20536

Exclusion from SubsequentSecondary Confirmation Cite34 CFR 668.133(b)

Lack of Response Example Mikko is a refugee, and received aid fromGuerrero University for the 1999-2000

school year. His status wasnt confirmed through the INS match, so Guerrero had to

perform Secondary Confirmation. The INSdidnt respond in time, so Guerrero paid

Mikko without any INS response. When Mikko applies for 2000-2001, the CPSstill doesnt confirm his status. BecauseGuerrero didnt have an INS response for the previous year, it must perform Second-ary Confirmation again, even though it went through the Secondary Confirmation

process for Mikko last year and his docu-ments havent expired.


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Ch. 2 Citizenship

Summary Chart of Acceptable Documentation

Citizen Not Born in United States

As an alternative for a student who is having trouble obtaining replacement INS documents, the student may use a G-639 to request photocopies of the original documentation.

Noncitizen National

Permanent Resident

Other Eligible Citizen

Arrival-Departure RecordForm I-94

Alien Registration ReceiptCard Form I-151, I-551, or I-551C

Passport

I-94

U.S. Passport

Certificate of Citizenship Must have st udents name, cert ificate number, and t he date thecertificate was issued.

Cert ificate of Natural izat ion Must have students name, cert ificate number, Alien Registrat ionNumber, name of the court (and date) where naturalization occurred.

Certification of Birth AbroadForm FS-545, DS-1350, or FS-240,Report of Birth Abroad

U.S. Passport

Must have embossed seal United States of America and StateDepartment.

Must be stamped Noncitizen National.

The I-551C must have a currently valid expiration date.

Must be stamped Processed for I-551 with expiration date.

Must be stamped as a Refugee, Asylum Status,Conditional Entrant (before April 1, 1980), Parolee,Cuban-Haitian Entrant.

Must be stamped Processed for I-551 with expiration date, orTemporary Form I-551, with appropriate information filled in.


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CITIZEN NOT BORN IN U.S./NONCITIZEN NATIONAL

U.S. Passport

Can be used to document citizenship for citizen born

abroad.

For noncitizen national must bestamped Noncitizen National

(Note that a passport issued byanother country may be used todocument permanent resident

status, if it has the endorsement Processed for I-551 and has acurrently valid expiration date.)

Certificate of Citizenship

The Certificate of Citizenship isissued to persons who were

born abroad of U.S. parent(s);who became citizens when their parents were naturalized; or

who were adopted by U.S. parents.

Certification of Birth Abroad

Issued to U.S. citizens born abroad. Must have embossed seal of the State

Department.


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Ch. 2 Citizenship

Certificate of Naturalization

The Certificate of Naturalizationis issued to naturalized U.S.

citizens.

A revised version of the Certificate of Naturalization is issued to citizens who file for naturalization after October 1, 1991.

PERMANENT RESIDENT/OTHER ELIGIBLE NONCITIZEN

I-94 Arrival-Departure Record

For permanent resident statusmust bestamped Processed for I-551 with

expiration date, or Temporary Form I-551,with appropriate information filled in.

For other eligible noncitizensmust bestamped as Refugee, Asylum Status, Condi-

tional Entrant (before April 1, 1980),Parolee, Cuban-Haitian Entrant.


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PERMANENT RESIDENT

Alien Registration

Receipt Card I-151 Issued prior to June 1978 to

permanent residents. No longer issued, but valid indefinitely.

Often referred to as a green card,though it is not always green.

Alien Registration Receipt Card I-551

(Resident Alien Card)

Issued to permanent residents. The I-551 is a revised version of the I-151. Often referred to as a green

card, though it is not always green.

The Conditional Resident AlienCard is an I-551 that is issued to

conditional permanent residentssuch as alien spouses. This card is

identified by a C on the front, and has an expiration date on the back.