[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR668.33]



[Page 442]

 

                           TITLE 34--EDUCATION

 

 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

 

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents

 

                      Subpart C_Student Eligibility

 

Sec. 668.33  Citizenship and residency requirements.



    (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)