UNDERSTANDING NON-PERMANENT ALIEN STATUS
“Non-permanent alien status” typically refers to an individual’s legal status in a country where they are not a citizen but have been granted temporary permission to stay. This status is often associated with visas or permits that allow individuals to reside, work, or study in a foreign country for a limited duration. The specifics can vary widely between countries, with different categories of visas or permits granting different rights and durations of stay.
GENERAL OVERVIEW A non-permanent resident alien is an individual who seeks entry into the United States for a specific purpose and period. To reside in the country an individual must document legal residency and their legal purpose within the U.S. (i.e., work, travel, etc.). Examples include foreign government officials, visitors for business or pleasure, temporary workers, students, fiancés or fiancées of U.S. citizens, and NATO officials.
Under ECOA, except as otherwise permitted or required by law, a creditor shall not consider race, color, religion, national origin, sex, marital status, age, or the fact that all or part of the applicant’s income is derived from public assistance, or that the applicant has in good faith exercised any right under the Consumer Credit Protection Act.
All borrowers are subject to the Bank Secrecy Act (BSA), the USA Patriot Act, the Customer Identification program (CIP) and the Office of Foreign Assets Control (OFAC).
A borrower’s immigration status or status as a permanent resident alien of the United States may be taken into consideration as it pertains to the Bank’s ability to obtain and remedies of repayment from the borrower for the debt obligation.
ELIGIBILITY
For all Non-Permanent Resident Alien, the following requirements must be met:
• Verification of a legal status issued by the USCIS is required for all non-permanent resident alien borrower(s). The most restrictive of the below must be applied:
- Meet the borrower eligibility criteria per the product description
- Provide a valid eligible USCIS issued VISA, EAD Card, or acceptable documentation, see below eligibility criteria.
• All borrowers must meet standard eligibility requirements per the applicable product guidelines, including but not limited to, credit and work history, as applicable, and all documentation required.
• Employed borrowers using qualifying income must be currently employed within the U.S.
• Borrowers must currently reside in the United States.
- Note: a present address in the U.S. (or allowable military address) is required.
• Due to the inability to compel payment or seek judgment, transactions with individuals with diplomatic immunity, therefore not subject to United States jurisdiction, are not eligible.
• Individuals with no lawful residency in the United States are not eligible.
NON-AGENCY AND STANDALONE HOME EQUITY All borrowers must have a valid social security number.
CONVENTIONAL All borrowers must have either a valid social security number or an individual tax identification number (ITIN).
An individual with an unacceptable VISA/EAD classification may be an eligible borrower when the following conditions are met:
• Has been residing in the U.S. consecutively for the most recent 2 years.
• Meets one of following:
– Has been employed in the U.S. for the last 2 years.
– Has claimed an income source (U.S. based tax returns). for the most recent 2 years.
-Is not using any income, regardless of type, for qualification purposes toward ability to repay.
• If income is being used for qualification, provide documentation to support application filed with USCIS for an eligible VISA type above.
– If employed, a letter from the employer must be provided to verify sponsorship of application.
• Borrower must not have diplomatic immunity.