Am I Eligible For Federal Aid?
Many students want to know, am I eligible for federal aid?
While this is a question that haunts both domestic and international students, many international students would be surprised to learn that the answer is “it depends.” This is especially important for students who have attended high school in the United States but do not have permanent legal status here. The great news is that just because you are not a U.S. Citizen, does not mean you are automatically ineligible for Federal aid. Eligibility for federal aid varies based on Visa and Citizenship status. Outside of Federal Aid, many international students might be pleased to know that they can qualify for in-state tuition, depending on the state, and special scholarships depending on their status.
So, who is eligible for Federal Aid?
T visa holders (T-1, T-2, T-3) are eligible to apply for federal and some state student financial aid. T visa holders should file a FAFSA and identify themselves as eligible non-citizens;
A U.S. permanent resident with a Permanent Resident Card I-551, I-151, or I-551C (Permanent Resident Card, Resident Alien Card, or Alien Registration Receipt Card) also known as a Green Card;
Other eligible noncitizens with an Arrival-Departure Record (I-94) from the Department of Homeland Security showing any of the following designations: Refugee, Asylum Granted Parolee, Cuban-Haitian Entrant;
The holder of a valid certification or eligibility letter from the Department of Health and Human Services showing a designation: Victim of Human Trafficking;
A citizen of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau;
Canadian-born Native American under terms of the Jay Treaty;
Battered Immigrants-Qualified Aliens and their children, as provided for in the Violence Against Women Act.
Who is not eligible for Federal Aid?
U visa holders are not eligible for federal student financial aid, but they may be eligible for some state aid programs;
F-1 or F-2 student visa;
J-1 or J-2;
M-1 vocational student visa;
A-1, A-2 or A-3 visa (foreign officials and their attendants);
B-1 or B-2 visitor visa (to work as a personal or domestic employee);
G series visa (pertaining to international organizations);
A student with an I-94 stamped “Temporary Protected Status.”
What about in-state tuition?
Each state has different residency requirements for in-state tuition and aid. Below are just a few different examples of how states differ in their residency requirements.
In Maryland, to qualify for in-state tuition, a student must demonstrate that, for at least twelve (12) consecutive months he or she intended to:
Make Maryland his or her permanent home; and
Abandon his or her former home state or country; and
Reside in Maryland indefinitely; and
Reside in Maryland primarily for a purpose other than that of attending an educational institution in Maryland.
International students in F-1 status are almost never eligible for in-state tuition rates, because the F-1 immigration status does not allow a student to remain in the US indefinitely. Common status changes that make a student eligible to be considered for in-state tuition include changes to H-1b, H-4, Asylee or Permanent Resident status.
Likewise, in California, students must:
1. Be physically present in California for more than one year; and
2. Establish an intent to remain in California; and
3. Have the legal ability to establish a permanent domicile in the United States.
Effectively, only U.S. Citizens and permanent green card holders are eligible for in-state tuition.
The New Jersey Legislature recently passed legislation allowing the dependent children of H1-B visa holders to be eligible to receive in-state tuition rates.
To be eligible for the program, students must be a dependent child of a parent holding an H1-B visa and must have:
Attended high school in NJ for three or more years;
Graduated from an NJ high school (or received the equivalent of a high school diploma in NJ); and
Registered as an entering student or the student is currently enrolled not earlier than the fall semester of the 2013-14 academic year.
In the case of a person without lawful immigration status, they must file an affidavit with the application stating that the student has filed an application to legalize his or her immigration status or will file an application as soon as he or she is eligible to do so.
In New York, at SUNY's State-operated campuses (University Centers, University Colleges, and Technology Colleges), students are generally considered New York State residents if they have established their domicile in New York State for at least twelve months prior to the last day of the registration period of a particular term.
Generally, individuals who have maintained their domicile in New York for a period of fewer than twelve months prior to the end of registration are presumed to be out-of-state residents and are not eligible for the resident tuition rate.
Individuals who are financially dependent and whose custodial parent(s) lives in a state other than New York are generally not eligible for the resident tuition rate. However, students of divorced or legally separated parents may acquire a New York State domicile if the custodial parent is a New York State resident or if the student resides with a non-custodial parent who is a New York State resident and the student intends to continue to reside with that parent throughout their attendance at SUNY.
Individuals do not meet the twelve-month residency requirement if domiciled in New York State primarily to attend college.
Note: Non-resident students may be eligible for resident tuition if they have graduated from a New York high school or received a NYS high school equivalency diploma within 5 years of application to SUNY. See below for details under exceptions to the Domicile Rule.
Immigrant, Non-immigrant, Undocumented Students and Other Non-residents
Students claiming to be immigrants must present proof of their status by providing the campus with a valid Permanent Resident Card. Once a student's immigrant status has been verified, the student may then establish New York State residency by meeting the domicile criteria. See Proof of Domicile (above).
Non-immigrants are grouped in categories depending on the type of visa presented at the port of entry. Non-immigrants admitted to the United States in categories that prohibit them from establishing a United States residence are not eligible for resident tuition.
In general, the Federal Illegal Immigration Reform and Immigrant Responsibility Act prohibits students who are unable to present valid documentation of their alien status from eligibility for the resident tuition rate.
Non-resident students, including undocumented students, who attend for at least two years and graduate from a New York high school may be eligible for resident tuition.
What about undocumented students or DREAMERS?
There are several programs that help undocumented students get aid. Undocumented students, including DACA recipients, are not eligible for federal student aid, but may still be eligible for state or institutional aid, in addition to private scholarships. At least six states allow DACA recipients to receive state financial aid. Those states include: California, Minnesota, New Mexico, Oregon, Texas, and Washington.[2]
In-State Tuition
In New York, undocumented students are eligible for in-state tuition and aid if they:
· Attended an approved New York State high school for two or more years, graduated from an approved New York State high school and applied for admission within five years of receiving a New York State high school diploma; or
· Attended an approved New York State program for a General Equivalency Diploma (GED or TASC) exam preparation, received a GED or TASC diploma and applied for admission within five years of receiving the GED or TASC;
The Excelsior Scholarship allows students to attend a SUNY or CUNY college tuition-free and is eligible for non-U.S. Citizens. In order to be eligible for the Excelsior Scholarship as a non-U.S. citizen the student’s permanent home must be in New York State and the student must be or have one of the following:
Temporary protected status, pursuant to the Federal Immigration Act of 1990
Without lawful immigration status (including those with DACA status)
AND meet ONE of the following criteria:
Attended a NYS high school for 2 or more years, graduated from a NYS high school, and enroll or enrolled for undergraduate study at a NYS college within 5 years of receiving your NYS high school diploma; or
Received a NYS high school equivalency diploma, and enroll or enrolled for undergraduate study at a NYS college within 5 years of receiving your NYS high school equivalency diploma; or
Are or will be charged the NYS resident in-state tuition rate at a SUNY or CUNY college for a reason other than residency.
California students with DACA status should not file FAFSA. Instead, they should file the California Dream Act Application at www.caldreamact.org.
Colorado signed the Advancing Students for a Stronger Tomorrow (ASSET) law on April 29, 2013, which allows eligible and undocumented students to pay in-state tuition at Colorado’s public colleges and universities as long as they meet certain qualifications. Eligible applicants will need to:
Have attended high school for three years right before graduation; and
Be admitted to a participating college within twelve months of graduating; and
Sign an affidavit, if they are not legally present in the U.S., saying that they are currently seeking or will seek legal status as soon as they are eligible.
Scholarships
There are several scholarships available to DACA and DREAMERS, and this list is by no means exhaustive.
The Anhelo Project is a Chicago based non-profit organization that works to support undocumented students pursuing a post-secondary education within the State of Illinois. Students do not need to have DACA status, and they strongly encourage undocumented students from all racial/ethnic backgrounds to apply. The Anhelo Project Dream Scholarship will be awarded to eligible high school seniors, undergraduate, graduate and/or vocational training students who demonstrate leadership, academic competitiveness, community involvement, and financial need.
The Esperanza Education Fund provides college scholarships and professional mentorship to local immigrant students regardless of national origin, ethnicity, or immigration status. http://www.esperanzafund.org
La Unidad Latina Foundation is a community of socially conscious college-graduates dedicated to the advancement of the Latino community nationwide. LULF supports all students, regardless of legal status, who have demonstrated a dedication to advancing the Latino community. https://www.lulf.org/scholarships.html
The Golden Doors Scholarship provides financial assistance to DREAMERS. To be eligible, applicants must:
Have DACA (Deferred Action for Childhood Arrivals), TPS (Temporary Protected Status), or certify that they meet the following immigration eligibility criteria:
Came to the United States before the age of 16
Have continuously resided in the United States since November 1, 2014 up to the present time and have had no lawful status
Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors in the categories which would have disqualified them for DACA, and do not otherwise pose a threat to national security or public safety
Currently be in high school or graduated from a United States high school or obtained a GED (General Education Development) certificate from a United States Program;
Be willing to apply to or attend one of the Golden Door Scholars Partner Schools; and
Be willing to explore and apply for other scholarships in addition to the Golden Door Scholarship.
https://www.goldendoorscholars.org
The Dream.Us Scholarship is available for first-time-in-college students who are eligible for DACA (Deferred Action for Childhood Arrivals) or TPS (Temporary Protected Status). Students must demonstrate significant financial need, have a grade point average of 2.5 or higher, and attend one of TheDream.US's partner colleges
https://www.thedream.us/scholarships/
Have more questions? I can be contacted at info (at ) smontgomeryconsulting (dot) com. You can also follow me @smontgomeryconsulting on Instagram or send me a tweet @sydamontgomery.
[1]https://studentaid.ed.gov/sa/eligibility/non-us-citizens.
[2]https://www.unigo.com/scholarships/by-type/daca-scholarships