34 C.F.R. § 668.131

Definitions

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The following definitions apply to this subpart:

Eligible noncitizen: An individual possessing an immigration status that meets the requirements of § 668.33(a)(2).

Immigration status: The status conferred on a noncitizen under the Immigration and Nationality Act of 1952, as amended, 8 U.S.C. 1182.

Primary confirmation: A process by which the Secretary, by means of a matching program conducted with the INS, compares the information contained in an Application for Federal Student Aid or a multiple data entry application regarding the immigration status of a noncitizen applicant for title IV, HEA assistance with records of that status maintained by the INS in its Alien Status Verification Index (ASVI) system for the purpose of determining whether a student's immigration status meets the requirements of § 668.33(a)(2) and reports the results of this comparison on an output document.

Secondary confirmation: A process by which the INS, in response to the submission of INS Document Verification Form G-845 by an institution, searches pertinent paper and automated INS files, other than the ASVI database, for the purpose of determining a student's immigration status and the validity of the submitted INS documents, and reports the results of this search to the institution.

(Authority: 20 U.S.C. 1091) [58 FR 3184, Jan. 7, 1993, as amended at 59 FR 12521, Mar. 16, 1994; 63 FR 40626, July 29, 1998]

Notes of Decisions

Cited in 2 cases, 2016–2016 · leading case: Montana Immigrant Just. All. v. Bullock, 2016 MT 104 (Mont. 2016).

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Montana Immigrant Just. All. v. Bullock, 2016 MT 104 (Mont. 2016). · cites it 2× “§ 1324a(h)(3), and “eligible noncitizen,” 34 C.F.R. § 668.131 , but it does not define the term “illegal alien,” and it does not have a comprehensive definition of “lawfully present,” Chaudhry v.”

Montana Immigrant Just. All., 2016 MT 104 (Mont. 2016). “§ 1324a(h)(3), and “eligible noncitizen,” 34 C.F.R. § 668.131 , but it does not define the term “illegal alien,” and it does not have a comprehensive definition of “lawfully present,” Chaudhry v.”

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