college financial aid and permanent residency conflicts

[jmusic220]

Hey all,

 

So, my husband will be going to college this fall. I'm not sure if you all are familiar with this, but there is a government grant program called FAFSA. It's a program that gives federal and state grants to students based on income. My question is, if my husband would apply for and get these grants, would that affect his permanent residency? Like is that considered "means tested public benafits" or whatever it's called? This FAFSA is a normal thing that pretty much all students apply for to get some extra money for college, it's not welfare or anything, so I just am not sure about this. Anybody know about this?

[spacebar]

hummmmmmmmm Hopefully somebody can provide an answer because I'm interested also since my honey will get her Green card soon and I was thinking about posting the same question. But seeing as it was already posted I think I'll hold off and see whether anyone can answer this question. Maybe this previous thread can shed some light???

 

Read question 2, I read it and maybe that will help..

http://candleforlove.com/forums/index.php?...a,financial+aid

 

Hey all,

 

So, my husband will be going to college this fall. I'm not sure if you all are familiar with this, but there is a government grant program called FAFSA. It's a program that gives federal and state grants to students based on income. My question is, if my husband would apply for and get these grants, would that affect his permanent residency? Like is that considered "means tested public benafits" or whatever it's called? This FAFSA is a normal thing that pretty much all students apply for to get some extra money for college, it's not welfare or anything, so I just am not sure about this. Anybody know about this?

[Randy W]

No problem - go ahead and apply

 

http://www.justice.gov/olc/meanstst10.htm

 

The PRA contains no statutory definition of the phrase "federal means-tested public benefit." HHS and HUD, however, have concluded that the restrictions on federal means-tested public benefits contained in title IV should apply only to mandatory spending programs, i.e. programs for which funding is not subject to a definite appropriation. (9) Under this construction of the Act, for example, newly arrived qualified aliens would be ineligible for benefits under mandatory programs for the first five years after their arrival in this country, but they would remain eligible for benefits under discretionary spending programs. The rationale of HHS and HUD for this approach is that "affected departments should hesitate to apply the term 'federal means-tested public benefit' broadly in a manner that would deny qualified aliens more benefits than Congress may have clearly intended." Rabb/Diaz Letter, attachment at 4. HHS and HUD assert that "this reading of the term best balances our Departments' other statutory obligations with Congressional goals embodied in [the PRA]," Rabb/Diaz Letter at 1, and that "sound legal and policy considerations support a conclusion that the term is limited to means-tested mandatory spending programs." Rabb/Diaz Letter, attachment at 1.

[Trigg]

Hey all,

 

So, my husband will be going to college this fall. I'm not sure if you all are familiar with this, but there is a government grant program called FAFSA. It's a program that gives federal and state grants to students based on income. My question is, if my husband would apply for and get these grants, would that affect his permanent residency? Like is that considered "means tested public benafits" or whatever it's called? This FAFSA is a normal thing that pretty much all students apply for to get some extra money for college, it's not welfare or anything, so I just am not sure about this. Anybody know about this?

I've got one (my chinese stepdaughter) going into college in August. FAFSA is not effected by citizen vs. LPR--but she was not eligible anyway as she gets $10,500.00 from the VA and $4,000.00 from the TN lottery for college and I make too much $$.--She won't be a starving student!

[xiaofeizhu]

Good to hear that hubby can do FAFSA! I remember doing mine, but couldn't get any money since I was studying in Japan. Since after we go to Hawaii we will both be students, it could help us a bunch.

[spacebar]

Great answers gentlemen!!! It's really important to know because you never know how it will affect you especially after you read thru the I-134 or I-864 and worry about your honey becoming a public charge! "Scary"

 

Anyhow, we still haven't decided to do the financial aid just yet. We're gonna see whether we can pay for it out of pocket depending on how expensive the classes are!

 

Thanks everyone!! Randy, trigg, and everyone else!

 

No problem - go ahead and apply

 

http://www.justice.gov/olc/meanstst10.htm

 

The PRA contains no statutory definition of the phrase "federal means-tested public benefit." HHS and HUD, however, have concluded that the restrictions on federal means-tested public benefits contained in title IV should apply only to mandatory spending programs, i.e. programs for which funding is not subject to a definite appropriation. (9) Under this construction of the Act, for example, newly arrived qualified aliens would be ineligible for benefits under mandatory programs for the first five years after their arrival in this country, but they would remain eligible for benefits under discretionary spending programs. The rationale of HHS and HUD for this approach is that "affected departments should hesitate to apply the term 'federal means-tested public benefit' broadly in a manner that would deny qualified aliens more benefits than Congress may have clearly intended." Rabb/Diaz Letter, attachment at 4. HHS and HUD assert that "this reading of the term best balances our Departments' other statutory obligations with Congressional goals embodied in [the PRA]," Rabb/Diaz Letter at 1, and that "sound legal and policy considerations support a conclusion that the term is limited to means-tested mandatory spending programs." Rabb/Diaz Letter, attachment at 1.

[The Jeff]

Basically, becoming a public charge means getting things like welfare checks and food stamps. Other kinds of public services are fine. My wife and I are both students, both get Financial aid through the FASFA as well as loans. As students and new parents, we also qualified for public medical insurance and WIC. Keep in mind though that until you have residency in a state, you may have to pay out of state tuition. In California, my wife had to pay about $3,000 per semester until she had established residency by living in California for one year and one day. You will also need a SS# to apply for the FASFA. Good luck!