Am I an independent?

<p>My father divorced my mother when I was young so I didn't really know him. He lives in Texas now with a new family. Raised by a single mother. She passed away during my sophomore year of high school. My older brother became my legal guardian.
He didn't become my legal guardian by the court system. He knew my father wouldn't take me and my siblings back, so he just became my guardian...</p>

<p>No, you are not. You are only independent if you can answer yes to any of the dependency questions: [url=&lt;a href=“http://www.fafsa.ed.gov/before015.htm]FAFSA”&gt;http://www.fafsa.ed.gov/before015.htm]FAFSA</a> - Free Application for Federal Student Aid<a href=“click%20on%20the%20worksheet”>/url</a>.</p>

<p>If you are considered dependent, you will need to appeal to each school to try to be considered independent by Professional Judgment. Be prepared to send a detailed personal statement regarding your relationship with your father, and your brother should also prepare a detailed statement describing that relationship. Is there a teacher, counselor, doctor, clergy person etc you could write a detailed statement describing the situation, as well? The more you submit, the better. The statements should NOT say that you need help & deserve aid. What they SHOULD say is what has transpired in your relationship with your father, why it cannot possibly be expected that you could get him to give you financial info, etc. The idea is to document that there is a complete breakdown in that relationship that cannot reasonably be expected to be repaired.</p>

<p>Know that each school will make its own decision, and one may not consider you independent when another might. The more proof you can provide, the better.</p>

<p>I can not give you any better information than kelsmom.
I just wanted to say I am sorry for your and your siblings on the loss of your mother, and sincerely wish you luck in your future.</p>

<p>I also am sorry for your loss. If it is at all possible, it would be a really good idea to see if your brother can become your legal guardian. It would make your financial aid process a lot easier.</p>

<p>Another thought: Were you ever a ward of the court (or in foster care) after your mom passed away … even for a single day? You were over 13, so that would automatically make you independent.</p>

<p>Hi Kelsmom, you’re the best!! I was just about to come here and try to figure this out. I am working with a student who is a citizen (born in USA) but whose mom is in Africa (her birthplace), father in Europe (African and stationed in Europe–I don’t want to be too specific online). The student stays with his sister. Knowing what is known about the legal guardian thing, I asked if his sister had legal guardianship. Supposedly his father “did a legal guardianship paper” in the African country from which they hail. I told him that would probably not count, and that he should be sure to get his sister appointed his legal guardian (he is 17, I presume the sister is older) ASAP for the obvious reasons mentioned above. Turns out the sister is undocumented, hence does not want to go near the court system…any advice? This student is applying to CSS profile school as well, but my main concern is the legal guardian issue, since as I recall if he was or had been in legal guardianship in the USA, he would qualify as independent. (And will that be the same rule for 2011–2012 FA year?) Thanks!!</p>

<p>Okay well is this a good or bad thing on college apps? I don’t want my life circumstances to seem like an excuse. My GPA is 3.22 (3.41 weighted). ACT composite is 24. SAT is 1620(CR:520, M:600, W:500) so my stats aren’t anything special. Does it make a big difference financially or what? Sorry, I don’t really talk to my brother about this so I don’t know much about the process.
And yes, well, on my high school transcript his name is under my “parent/legal guardian” so i’m pretty sure he already is.
And no, we did not bother going through the court system because my father (who has his own life now in Texas) wouldn’t bother becoming my parent once again.
My brother dropped out of UC Riverside after his sophomore year to take care of us.
My counselor told me about something called a “Dependency Override”, where I just fill out an application and explain my situation and I could become an independent, but she said I “shouldn’t worry about it until scholarship season (January)”
The thing that bugs me now is that i’m beginning my applications for EOP for some Cal State Universities that I applied to, and I heard this has a huge affect on how much aid I will receive. I live in a two bedroom apartment with my little brother, older sister and older brother (guardian), and my brother is the only person employed making around 30,000 a year. I hope to make them all proud and be the first to graduate from a 4-year university.
I really need all the help i can receive. Any advice?
Thanks so much.</p>

<p>The rules are the same for 11-12. In this student’s case, I can understand the reluctance to go to court for legal guardianship. I don’t know a lot about situations like this student’s. How can she be in the U.S. as a minor without a guardian? What would happen if she were to get hurt? Who would sign for medical care? Is there not some type of court-appointed guardian? Forgive me for being ignorant … I truly don’t know how this sort of thing works.</p>

<p>I am going to assume that the student is here without any type of adult-in-charge who is legally recognized. For FAFSA purposes, the first question would be whether or not the student has contact with his parents. If so, parental info is required. It is entered as the U.S. equivalent (exchange rate on the day the FAFSA is signed). If the parents are “married” both provide info; if they could be considered separated, use the one from whom the student gets the most financial support (or from whom he last received the most support).</p>

<p>If the student does not have contact with the parents & could not be reasonably expected to be able to get their info given the situation, the student would need to file without parental info & do a dependency override request with each school. Just like for a student whose parents live in the U.S., the parents of this student are expected to contribute to his education. Their decision not to do so is not reason enough to make the student independent. There certainly can be situations where a dependency override might be approved, though.</p>

<p>As far as I know in general (I defer to kelsmom on everything, if she is still awake!) it only makes a difference in that, if you are Independent, you do not need to chase down any parental financial information, NOR will you need financial information from your brother. It is sort of like the legal guardian being “off the hook” for the college stuff. But you probably WILL have to produce a piece of paper showing that your brother was appointed legal guardian, so that you can prove that you were in legal guardianship (I have to take students to probate court, they pay $10 and show an ID and get the paper). I think it is quite easy–an unaccompanied minor, political refugee who came to USA and was taken in by a family from her country, just had the parent of the family go to court to get legal guardianship over her. When she did FAFSA, even though she was 18 anyway, that paper saved her having to chase down parents in Africa. </p>

<p>All of this will be important come January, when the FAFSA goes online. But you could get your brother appointed legal guardian by the court now, or find the paper now, so that you don’t have a mad scramble producing it in 8 days for the FAid office of your schools, in March or April next year.</p>

<p>And your guidance counselor is correct–FA people can do a dependency override, but again,they have to provide documents as to why they gave the override (that to my understanding is Kelsmom’s job). FAid is federal money so there can be audits as to how and to whom it was given out.</p>

<p>Mezaruben93, depending on the school, the admissions office might not even know about it (unless otherwise stated on your application). Because at some need-blind schools, your entire petition will end up in the office of financial aid - a department totally separate from admissions. However, if you’re hoping that it will excuse some of your performance in school, you might want to add a paragraph onto your application explaining your home situation. Best of luck!</p>

<p>Mezaruben93, getting a dependency override is not guaranteed. Were you ever in foster care of were you ever a ward of the court? If not, and if your brother is your guardian, I strongly urge him to become your legal guardian if that is at all possible. </p>

<p>You will not use any of your brother’s income information no matter what. You will only use yours. If your brother can get legal guardianship, you will automatically be independent for aid purposes; this is the easiest way, trust me. If he cannot do that, you will have to request a dependency override and have it approved every year. Your circumstances may well be such that a d/o would be warranted … but because it is professional judgment, you cannot count on it for every school. If you do go that route, just make sure to be on top of it & to provide detailed information to every school’s aid office as necessary.</p>

<p>Like she said, TRUST HER! Having a legal guardianship paper is the easiest way.</p>

<p>Op should have his brother go to the Family court in his state ASAP and apply for legal guardianship. Are you collecting SS benefits from your mom? If yes, then your brother would have had to get some kind of paperwork to give to them in order to get your mom’s SS death benefit (since your dad is your legal next of kin). </p>

<p>While the financial aid office may give him an override for the FAFSA and federal aid. However, since he is applying for an EOP program, they have their own hurdles shich he would have to clear to get get these funds. Getting an override for federal aid will not automatically give you an override as an independent student for state aid (at least not in NYS).</p>

<p>Students who come into this country as refugees or political asylees (the Lost Boys of Sudan, or youth whose parents were killed in genocides in various countries), are termed “unaccompanied minors” and generally are then taken in by someone (either foster care, formal or informal, or by someone going to court to become their legal guardian). In the inner city context in which I work, there is a lot of “legal guardianship” which has never been formalized, and it makes for complications when it comes to financial aid. </p>

<p>I am posting the refugee-asylee information as general information for all those reading.</p>

<p>The unaccompanied minor designation is only good while the student is under 21, unfortunately, Radimom. We were surprised by this … we had two students’ FAFSA’s reject & we couldn’t figure out why … the reject code indicated that they needed a financial aid administrator’s professional judgment in order to be considered independent. We then had to go the document-collecting route for these students and we had to make them independent by PJ (where in the past they could file as independent for this reason without us having to do the PJ updates). Knowing this, please make sure you encourage your students in this situation to retain all paperwork throughout their undergraduate years in case they have to turn it in to the aid office at some point.</p>

<p>Interesting!! But what about the student I referred to above (Post #8) where she just came in, 16 or so, family that took her in, father got legal guardianship. (Interestingly she was not selected for Verification 1st time around, thank goodness since I think the paper was AWOL in the household) and second year, she was selected but her college did not ask for that, just for tax info). Will she be in yet another category when she turns 21? Or still independent due to having been in legal guardianship while a minor? (She was in essence an unaccompanied minor, but not termed as such, for other reasons).</p>