(a) Except as provided in paragraph (b) of this section, to be eligible to receive title IV, HEA program assistance, a student must—
(1) Be a citizen or national of the United States; or
(2) Provide evidence from the U.S. Immigration and Naturalization Service that he or she—
(i) Is a permanent resident of the United States; or
(ii) Is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident;
(b)(1) A citizen of the Federated States of Micronesia, Republic of the Marshall Islands, or the Republic of Palau is eligible to receive funds under the FWS, FSEOG, and Federal Pell Grant programs if the student attends an eligible institution in a State, or a public or nonprofit private eligible institution of higher education in those jurisdictions.
(2) A student who satisfies the requirements of paragraph (a) of this section is eligible to receive funds under the FWS, FSEOG, and Federal Pell Grant programs if the student attends a public or nonprofit private eligible institution of higher education in the Federated States of Micronesia, Republic of the Marshall Islands, or the Republic of Palau.
(c)(1) If a student asserts that he or she is a citizen of the United States on the Free Application for Federal Student Aid (FAFSA), the Secretary attempts to confirm that assertion under a data match with the Social Security Administration. If the Social Security Administration confirms the student's citizenship, the Secretary reports that confirmation to the institution and the student.
(2) If the Social Security Administration does not confirm the student's citizenship assertion under the data match with the Secretary, the student can establish U.S. citizenship by submitting documentary evidence of that status to the institution. Before denying title IV, HEA assistance to a student for failing to establish citizenship, an institution must give a student at least 30 days notice to produce evidence of U.S. citizenship.
(Authority: 20 U.S.C. 1091, 5 U.S.C. 552a)
[52 FR 45727, Dec. 1, 1987, as amended at 71 FR 38002, July 3, 2006; 74 FR 20221, May 1, 2009]
Notes of Decisions
Cited in
8
cases, 2007–2020 · leading case:
Estrada v. Becker, 917 F.3d 1298 (11th Cir. 2019).
Estrada v. Becker, 917 F.3d 1298 (11th Cir. 2019).
· cites it 2× “§ 1091 (a)(5) ; 34 C.F.R. § 668.33 (a). Plus, refugees "are required to apply for Lawful Permanent Residency (LPR) status after one year.”
Mashiri v. Dep't of Educ., 724 F.3d 1028 (9th Cir. 2013).
· cites it 2× “§§ 1091 (a), 1091(a)(5) (emphasis added); see also 34 C.F.R. § 668.33 (a)(2)(ii). Even if this statute precluded the application of 8 U.”
Ihenacho v. Ohio Inst. of Photography & Tech., 2011 Ohio 3730 (Ohio Ct. App. 2011).
“; citing 34 C.F.R. § 668.33 (a)(1). {¶ 58} In the instant case, Ihenacho was notified in two separate ISIRs that his failure to register with Selective Service jeopardized his financial aid eligibility.”
Asil Mashiri v. Dep't of Educ., 709 F.3d 1299 (9th Cir. 2013).
· cites it 2× “§§ 1091(a), 1091(a)(5) (emphasis added); see also 34 C.F.R. § 668.33 (a)(2)(h). Even if this statute precluded the application of 8 U.”
Chauffeur's Training Sch., Inc. v. Spellings, 478 F.3d 117 (2d Cir. 2007).
“603 (1987), failure to secure a statement from students about registration with the Selective Service, see 34 C.F.R. §§ 668.33 , 668.34 (1985), failure to estimate properly other financial assistance a student had received, see 34 C.”
Elly Marisol Estrada v. Mark Becker (11th Cir. 2019).
· cites it 2× “§ 1091 (a)(5); 34 C.F.R. § 668.33 (a). Plus, refugees “are required to apply for Lawful Permanent Residency (LPR) status after one year.”
Asil Mashiri v. Dep't of Educ. (9th Cir. 2013).
· cites it 2× “§§ 1091 (a), 1091(a)(5) (emphasis added); see also 34 C.F.R. § 668.33 (a)(2)(ii). Even if this statute precluded the application of 8 U.”
Oakley v. DeVos (N.D. Cal. 2020).
“§ 1091(a)(5); see also 34 C.F.R. § 668.33 (a) (same). Title IV 2 also requires that eligible students possess a valid social security number.”
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