Pending i485, Can i get FAFSA?

Paying for College
1

<p>So my i485 is pending can I apply for FAFSA or anyother aids? Please help!</p>

2

<p>No, you will not be eligible for federal aid until you have an actual green card? A-number</p>

3

<p>No, you’re not eligible for Federal Student Aid; however, the deadline to submit 2012-2013 FAFSA is 6/30/2013. Hopefully by then, your I-485 would be approved.</p>

<p>Generally, you are an eligible noncitizen if you are one of the following:

  1. U.S. permanent resident, with a Permanent Resident Card (formerly known as an Alien Registration Receipt Card or “Green Card”)
  2. Conditional permanent resident (I-551C)
  3. Other eligible noncitizen with an Arrival-Departure Record (I-94) from the Department of Homeland Security showing any one of the following designations: “Refugee,” “Asylum Granted,” “Indefinite Parole,” “Humanitarian Parole,” or “Cuban-Haitian Entrant”
  4. A citizen of the Republic of Palau (PW), the Republic of the Marshall Islands (MH), or the Federated States of Micronesia (FM).
    You can receive federal student aid if you are an eligible noncitizen.</p>

<p>Federal Student Aid Deadline:
Online applications must be submitted by midnight Central Time, June 30, 2013.
Any corrections or updates must be submitted by midnight Central Time, September 23, 2013</p>

4

<p>Thank you for responding!
So my i485 got approved and we got the work permit and all that, now I’m just waiting for i-140 approval! Can I apply now? Or do i have to wait till that get approves and all that?</p>

5

<p>i485 is to apply to adjust your status to that of a permanent resident of the United States.</p>

<p>i140 is to petition for an alien worker to become a permanent resident in the United States.</p>

<p>It is not possible to get i485 approved without i140 approval.</p>

<p>Anyway, now that your i485 has been approved, you could file the FAFSA as soon as your actual green card arrives in a few weeks.</p>

<p>If you don’t want to wait, you can get an infopass appointment and get your passport stamped which is as good as the green card.</p>

6

<p>Okay Thank you so much!</p>

7

<p>4kidsdad, You seem to have a good knowledge about the immigration process. But I am confused why you say if I have a pending I-485, I am not eligible for Aid.
I am a dependent on my father’s I-485 application (he is in highly skilled category), but there is a long wait for the legal immigration too. I have my SSN, EAD, A# etc. I have no idea when I will have the much cherished Green Card.</p>

<p>When I returned a year ago after a visit to my home country, I got the I-94 that says “AOS” which is Adjustment of Status, basically it’s an indefinte Parole. Though there is an expiry date of 1 year on the I-94, I can stay indefinitely until I get the Green Card.</p>

<p>So you still think I am not eligible? Shouldn’t I be completing the FAFSA ? </p>

<p>Appreciate if someone with deep knowledge can answer this issue as my life depends on it. Really!</p>

8

<p>Swats…this thread is nine months old. You might want to start a new thread with your questions.</p>

9

<p>I wrote to the FAFSA and got a response within a day. Here is what they have to say:</p>

<p>Persons paroled into the U.S. for at least one year must provide evidence <a href=“such%20as%20having%20filed%20a%20valid%20permanent%20resident%20application”>B</a>** from the U.S. Department of Homeland Security (DHS) that they are in the U.S. for other than a temporary purpose and intend to become a citizen or permanent resident. Their documentation must have a stamp indicating that the student has been paroled into the United States for at least one year, **(with a date that has not expired (federal student aid cannot be disbursed after the document has expired). **
Unquote.</p>

<p>Here is where I am confused. When I go out of the country and return, my I-94 shows as parolee, but it’s only valid for 1 year. So how does the date on the I-94 matter for applying for the FInancial Aid? They seem to suggest that I am eligible to apply for the Fin Aid if I returned during the last year, But NOT a year ago. I just don’t get it. I meet with all the other criteria such as “having filed a valid permanent resident application” and “in the U.S. for other than a temporary purpose and intend to become a citizen or permanent resident”. Does it mean to maintain the unexpired I-94, I need to go out and return every year? oh boy…</p>

<p>Could someone please share their knowledge and experience if they are/were in the same situation. I really really appreciate it.</p>

10

<p>swats78 -</p>

<p>You need to go pay a visit to the financial aid office at the closest college/university/community college and ask about how this works. Bring the print-out of the response from FAFSA.</p>

<p>Alternately, go to some of the other forums, read some threads, and run up a bunch of posts. When you hit 15 posts and can send a PM, send one to kelsmom. She is a real-life financial aid officer and may be able to help you sort this out.</p>

11

<p>Swats78,</p>

<p>See my post in this thread (#3).

I don’t think you’re "“Indefinite Parole” or “Humanitarian Parole”, are you?</p>

<p>In fact, I think that you have an “Advance Parole” which is a document that allows certain aliens to re-enter the United States without an immigrant visa or non-immigrant visa after traveling abroad.</p>

<p>The bottom line is only U.S. citizen and certain noncitizen such as Green Card holder, “Refugee,” “Asylum Granted,” “Indefinite Parole,” “Humanitarian Parole,” or “Cuban-Haitian Entrant” are allow to get federal financial aid</p>

12

<p>4kidsdad,
This is what the FAFSA has to say about eligible Non-Citizens:
If you fall in one of the categories below, you are considered an “eligible noncitizen.”</p>

<ol>
<li>You are a
U.S. national (includes natives of American Samoa or Swains Island) or
U.S. permanent resident with a Form I-551, I-151, or I-551C (Permanent Resident Card, Resident Alien Card, or Alien Registration Receipt Card), also known as a green card.

<ol>
<li>You have an Arrival-Departure Record (I-94) from U.S. Citizen and Immigration Services (USCIS) showing</li>
</ol></li>
</ol>

<p>“Refugee,”
“Asylum Granted,”
“Cuban-Haitian Entrant (Status Pending),”
“Conditional Entrant” (valid only if issued before April 1, 1980), or
“Parolee” (you must be paroled for at least one year, and you must be able to provide evidence from the USCIS that you are not in the United States for a temporary purpose and that you intend to become a U.S. citizen or permanent resident).</p>

<p>Unquote.</p>

<p>And yes, I do have an Advance Parole, that’s what the people like me with a pending Green Card application use to go out and return. I have done it multiple times. Per USCIS website, the “Parolee” definition includes Advance Parole, Humanitarian Parole etc etc. And when I returned last time, the I-94 I have says “Paroled until mm/dd/yyyy”.</p>

<p>So I am 100% sure, I fit the definition of Parolee.
I posted the reply I got from FAFSA (in thread #9). I fit all the criteria except the date on my I-94. I didn’t travel in the last 2 years, so that date has expired. I can go out of the country and come back for the heck of it, so that I have the unexpired I-94, but just not sure, because it doesn’t make any sense.
I Plan to call FAFSA this week and have a chat with them. Let’s see what they say.</p>

13

<p>Calling them is a good idea as well as filing out a form right now and see if it kicks you out as ineligible.</p>

14

<p>Swats78,
See <a href=“http://talk.collegeconfidential.com/financial-aid-scholarships/1292105-adujustment-status-fafsa-eligibility.html[/url]”>http://talk.collegeconfidential.com/financial-aid-scholarships/1292105-adujustment-status-fafsa-eligibility.html&lt;/a&gt; & also see page 1-33 of <a href=“http://ifap.ed.gov/fsahandbook/attachments/1112FSAHbkVol1Ch2.pdf[/url]”>http://ifap.ed.gov/fsahandbook/attachments/1112FSAHbkVol1Ch2.pdf&lt;/a&gt;

Then see [Parole</a> Into the U.S. - Border Immigration Lawyer](<a href=“http://www.borderimmigrationlawyer.com/parole-into-the-us/]Parole”>Parole Into the U.S. - Border Immigration Lawyer)

Advance Parole is different from Humanitarian Parole If you have “Advance Parole”, your G-485 will not indicate as “Alien paroled into the United States pursuant to Section 212(d)(5) of the INA”</p>

15

<p>

You should also talk to an immigration lawyer regarding this question: if you’ve Advance Parole, do you become a Parolee (pursuant to Section 212(d)(5)(A) of INA) or not?</p>

16

<p>

Also, fafsa.ed.gov and studentaid.ed.gov define eligible noncitizen differently</p>

<p>See <a href=“https://fafsa.ed.gov/help/fotw15a.htm[/url]”>https://fafsa.ed.gov/help/fotw15a.htm&lt;/a&gt;

</p>

<p>See <a href=“https://studentaid.ed.gov/eligibility/non-us-citizens?language=en[/url]”>https://studentaid.ed.gov/eligibility/non-us-citizens?language=en&lt;/a&gt;

</p>

17

<p>The link I got in the email from the FAFSA is actually the 2nd link i.e. studentaid.ed.gov. </p>

<p>THis is what the USCIS website says about Advance Parole:</p>

<p>There is no separate statutory authority for advance parole. Rather, the use of advance parole is an outgrowth of administrative practice stemming from the general parole authority at section 212(d)(5) of the Act, and is now incorporated into regulation. The practice of authorization of advance parole has also been recognized by Federal courts.</p>

<p>[Chapter</a> 54 Advance Parole Documents and Boarding Letters.](<a href=“Superseded Content | USCIS”>Superseded Content | USCIS)</p>

<p>And the fsahandbook on page 1-33 says the following:
5. “Alien paroled into the United States pursuant to Section 212(d) (5) of the INA …” The student is eligible for aid if paroled into the U.S. for one year or more the corresponding subsidiary box must be checked) and if he has evidence from the DHS (such as having filed a valid permanent resident application) that he is in the U.S. for other than a temporary purpose and intends to become a citizen or permanent resident. The new G-845 form that USCIS will issue in 2011 (mentioned in the margin note on page 31) has date fields for the start and end of the parole period. If, for example, the start date were September 22, 2011, and the end date were September 21, 2012, the parole period would be for one year. </p>

<p>So I am pretty sure, I fall into the parolee category. But what confuses me is what they say on 1-27:
Their documentation must have a stamp indicating that the student has
been paroled into the United States for at least one year, with a date
that has not expired. (Federal Student Aid cannot be disbursed after
the document has expired.)</p>

<p>The I-94 is bound to expire in a year anyway. Then what? I need to make a visit to my home country (very expensive) and come back so that the I-94 stays current?</p>

<p>I have ACT score of 35, PSAT commended scholor, 3.9+ GPA. I have no idea how I can pay the full tuition if I don’t qualify for atleast some aid or scholarships.</p>

18

<p>And I thought FAFSA and studentaid are one and same. Are they different bodies altogether?</p>

19

<p>

The discussion so far only for Federal Financial Aid.</p>

<p>The financial aid from your state and your school may have different set of rules. Some choose to follow Federal rules and some don’t.</p>

<p>Even if you don’t qualify for Federal aid, most schools will give you some merit scholarships due to your high ACT and high GPA.
See <a href=“http://talk.collegeconfidential.com/financial-aid-scholarships/1461983-competitive-full-tuition-full-ride-scholarships.html[/url]”>http://talk.collegeconfidential.com/financial-aid-scholarships/1461983-competitive-full-tuition-full-ride-scholarships.html&lt;/a&gt;&lt;/p&gt;

20

<p>

You also may (or not) have pay for the advance parole document ($360). The advance parole only last for a year.</p>