3. Citizenship and Immigration Status

Introduction

This topic contains information on citizen and immigration status, including

•	residency requirements

•	lawful permanent resident aliens

•	non-permanent resident aliens

•	Employment Authorization Document (EAD) required as evidence of work status, and

•	non-lawful residency.

Change Date

May 10, 2009

4155.1 4.A.3.a Residency Requirements

Citizenship in the United States is not required for mortgage eligibility.

The lender must determine residency status of the borrower, based on

•	information provided on the loan application, and

•	other applicable documentation.

4155.1 4.A.3.b Lawful Permanent Resident Aliens

FHA insures mortgages for borrowers with lawful permanent resident alien status using the same terms and conditions as those for U.S. citizens.

The mortgage file must

•	include evidence of the permanent residency, and

•	indicate that the borrower is a lawful permanent resident alien on the Uniform Residential Loan Application (URLA).

Note: The Citizenship and Immigration Services (USCIS) within the Department of Homeland Security provides evidence of lawful, permanent residency status.

4155.1 4.A.3.c Non-Permanent Resident Aliens

FHA insures mortgages made to non-permanent resident aliens provided that the

•	property will be the borrower's principal residence

•	borrower has a valid SSN, and

•	borrower is eligible to work in the U.S., as evidenced by an EAD issued by the (USCIS).

Note: The Social Security card cannot be used as evidence of work status.

Reference: For more information on the requirement to use the EAD as evidence of work status, see HUD 4155.1 4.A.3.d.

4155.1 4.A.3.d EAD Required as Evidence of Work Status

Although Social Security cards may indicate work status, such as “not valid for work purposes,” an individual's work status may change without the change being reflected on the actual Social Security card. For this reason, the Social Security card must not be used as evidence of work status, and the EAD must be used instead.

If the EAD will expire within one year and a prior history of residency status renewals exists, the lender may assume that continuation will be granted. If there are not prior renewals, the lender must determine the likelihood of renewal, based on information from the (USCIS).

Note: Borrowers residing in the U.S. by virtue of refugee or asylee status granted by (USCIS) are automatically eligible to work in this country. An EAD is not required.

4155.1 4.A.3.e Non-Lawful Residency

Non-U.S. citizens that do not have lawful residency in the U.S. are not eligible for FHA-insured mortgages.