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Guidelines for

NON-US

CITIZENS

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Below is a guide for the type of documentation eligibility requirements for different statuses.

Permanent Resident Aliens

  • A legible copy of the front and back of the unexpired green card(INS Form I-551) is required for all permanent resident aliens.
  • If INS form I-551 is due to expire within 3 months, it must be accompanied with an unexpired copy of USCIS form I-90 (Application to Replace Permanent Resident Card) filing receipt; OR
  • INS form I-551, Conditional Alien Registration Receipt, with an unexpired date on the front. I-551 forms due to expire within 3 months must be accompanied with a copy of USCIS form I-751 (Petition to Remove Conditions on Residence) or USCIS form I-829 (Petition to Remove Conditions) filing receipt; OR
  • Unexpired passport with an unexpired stamp reading "Processed for I-551. Temporary Evidence of Lawful Admission for Permanent Residence. Valid until [date]. Employment authorized." This evidenced the holder has been approved for, but not issued, a Permanent Resident Alien card.

 

 

Non-Permanent

Resident Aliens

All non-permanent resident aliens must provide evidence of a valid, acceptable visa or an Employment Authorization Document (EAD). A copy of the unexpired visa or EAD must be included in the Loan file.

 

Eligible Visa Classes:

  • A-1, A-2, A-3 and must verify NO diplomatic immunity on each type
  • E-1, E-2, E-3
  • G-1, G-2, G-3, G-4, G-5 and verify NO diplomatic immunity on each type
  • H-1B, H-1B1, H-1C, H-4 (H-4 requires H-1B or H-1B1 on the loan)
  • K-1, K-2, K-3, K-4 and a US spouse (for K-1) or US citizen (for K-2, K-3 or K-4) on the loan and EAD is required.
  • L-1, L-2
  • O-1, O-1A, O-1B, O-2, O-3 (O-3 requires O-1 or O-2 on the loan)
  • R-1, R-2 (R-2 requires R-1 on the loan)
  • TN-1, TN-2, TD (TD requires TN-1 or TN-2 on the loan)
  • TC, NAFTA visa
  • V-1, V-2, V-3 and requires a permanent resident alien on the loan for each type.

NOTE: **If Non-Permanent Resident Alien Visa Type is not listed above, the loan is ineligible**

 

Eligible Employment Authorization Document (EAD)

 

EAD eligible categories:

  • A03
  • A05
  • A08
  • A12 - If the country of birth is El Salvador, Honduras or Nicaragua
  • A17 - Requires spouse with E-1 or E-2 VISA on the loan
  • A18 - Requires spouse with L-1 VISA on the loan
  • C02 - Requires spouse with E-1 VISA on the loan
  • C08
  • C09
  • C12 - Requires spouse with E-2 VISA on the loan
  • C36 - Requires spouse with E-3, H-1B, H1-B1, L-1 or O-1 VISA on the loan

NOTE: **If Non-Permanent Resident Alien EAD Card Category is not listed above, the loan is ineligible.**

 

 

Additional information:

 

  • Employment Authorization Document (EAD) must be valid for at least 12 months from the consummation date of the new loan. Renewal and prior history is required.
  • Expired VISA may be considered, subject to each of the following:
    • Must be an eligible Visa type
    • Confirmation that an application for extension or an application for a green card has been submitted. Documentation includes, but is not limited to:
      • USCIS Form I-797 (issued when an application or petition is approved).
      • USCIS Form I-797C or I-797E (must not state that the application has been declined).
      • Application for extension of current Visa (USCIS Form I-539 or equivalent) or copy of application for green card (USCIS Form I-485 or equivalent) AND electronic verification of receipt from the USCIS web site.
      • If the borrower is sponsored by the employer, and the renewal window for that Visa is not open, the employer may verify that they are sponsoring the visa renewal.

 

All standards for determining stable monthly income, adequate credit history, and sufficient liquid assets must be applied in the same manner to each borrower including borrowers who are non-permanent resident aliens.

Non-permanent residents must be employed in the U.S. if income is used to qualify.

If a non-permanent resident alien is borrowing with a U.S. citizen, it does NOT eliminate or reduce any documentation requirements.

  • Borrowers residing in U.S. under Deferred Action for Childhood Arrivals program (DACA) are not eligible.
  • An individual classified under Diplomatic Immunity, Temporary Protected Status, Deferred Enforced Departure, or Humanitarian Parole is not eligible.

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This is not a commitment to lend.  Not all borrowers will qualify for the loan programs listed.  All program terms and conditions are subject to change and may be discontinued without prior notice.  Contact loan originator for program questions and scenarios.