HUD HOC Reference Guide

Citizenship and Immigration Status

Chapter 2
Mortgage and Credit Guidelines
Page 2-07

When the applicant has indicated that they are other than a US citizen on the URLA, the lender must determine residency status.

Permanent Resident Aliens are eligible for an FHA-insured mortgage under the same terms as US citizens.

Non-Permanent Resident Aliens are eligible for FHA-insured mortgages provided the property will be the borrower?s principal residence, they have a valid social security number, and the borrower is eligible to work in the US.

Evidence of residency and work status should be obtained from the U.S. Citizenship Immigration Services (USCIS). Eligibility to work in the U.S. can be evidenced by an Employment Authorization Document (EAD) issued by USCIS. If authorization for temporary residency status will expire within one year, and there has been a prior history of renewals, the lender may assume continuation will be granted. If there are no prior renewals, the lender must document the likelihood of renewal through the USCIS or other appropriate sources.

Although social security cards may indicate work status, such as "not valid for work purposes," an individual may become eligible to work without the change being reflected on the actual social security card and therefore, the social security card cannot be used as evidence of work status. Any social security number discrepancy should be resolved through direct contract with the Social Security Administration or a service provider with direct access to the Social Security Administration.

All borrowers whether U.S. citizens, permanent resident aliens, or non-permanent resident aliens must have their own valid social security number as issued by the Social Security Administration to qualify for an FHA insured mortgage.

Please see: HUD Handbook 4155.1, Section 4.A

Content Archived: November 5, 2012