petitefrancaise

If it had no legend on it at first, then it's not going to have it put on.

My L2 visa gave me a ss card with the legend. It will not have this legend on it now that I've updated the records.

Pulaski

I don't think he ever said that.

petitefrancaise

but that's my point! Why would he expect it to change?

What would be interesting to see would be whether the bank's information changes from temporary to permanent resident without him telling them.

Pulaski

What's your point?

His card had the restrictive over-print wording, now it doesn't. No?

petitefrancaise

I realised that he was referring to his conversation with the lady at the SSA.

I'm getting some more coffee.

Why do smoke alarms run out of battery at 3.00 am and then tell you very loudly? Why do I not keep a stepladder upstairs so that I don't have to go down to the garage to get it and encountering a cockroach in there.?

Pulaski

Hold the phone! ..... "Government customer service employee doesn't know what they're talking about!"

Steve_

Ooh I'm going to outdo you on obscure US regulations now, I wasn't actually thinking of an FHA loan, I was thinking of FMHA (now USDA) loans although looking at the actual law I'm not sure the guidance you've quoted there is right anyway: https://www.law.cornell.edu/uscode/text/42/1436a

That is a bit vague because it explicitly says "an alien lawfully admitted for permanent residence as an immigrant as defined by section 1101(a)(15) and (20) of title 8" - which is vague because it mentions (15) which defines the difference between an immigrant and a non-immigrant, but I would say that does limit it to LPRs as the first sentence of (15) explains what an immigrant is and is not. It also uses the word "and" and refers to (20) which defines an LPR. 7 CFR 3550.10 refers to that definition for FMHA loans.

Anyway, the reason I know about this one is because awhile back on here we had someone who claimed to be a US citizen on an FMHA loan application when they were actually on K-1 (iirc) at the time and they ended up in removal proceedings because they made a false declaration of being a US citizen on a US Govt. form. Some courts hold the declaration has to be made in front of an immigration official, others hold it is on any US Govt. form.

The argument was, he had misrepresented himself to gain an immigration benefit, i.e. a mortgage which he wasn't actually entitled to.

So looking at that guidance you've posted, it looks wrong to me. That section I've quoted was added by the IIRIR Act 1996 and reading through it I can see why they threw the book at the guy I mentioned, because the IIRIRA expanded the definition of "misrepresentation to gain an immigration benefit" to include things like mortgage applications. That section I've posted specifically mentions the HUD Act, so it does apply to FHA loans as well.

Interesting. They seem to have taken the "work authorized" bit and tried to thread it through that section, but people admitted in various work authorized categories have "a residence abroad they have no intention of abandoning" so whoever wrote that guidance has read the law incorrectly. It specifically says "admitted for permanent residence" which plainly you're not as H-1B or whatever. None of the other subsections provide an exemption for people in a non-immigrant category.

But anyway, banks do draw distinctions based on that law. Which they are legally required to do.

Steve_

I refer you to your quote below:

The FHA website she's quoted is wrong, it clearly flies in the face of the IIRIRA provision that was expressly intended to stop it. It goes on at length about how you've got to produce a US passport or resident alien card to prove your identity.

As for the FTC, how does the bank know you're in a non-immigrant status? W-9 just asks if you're a US person, which means anyone resident in the US and paying taxes. No-one at the bank ever knew I was in a non-immigrant status. It doesn't appear on my credit report, I've checked. Do they ask when you get a mortgage? I.e. a non-US Govt. backed mortgage.

No-one at the bank has ever asked me that question, even after I filed a W-8BEN so at that point they knew I was a non-resident alien.

tom169

I'm currently in AOS and had a conventional mortgage approved.

During the process I was asked for my immigration status. Basically 3 options: US citizen, LPR, or other.

When I said other I had to provide my AOS NOA, copy of EAD and a signed letter stating I plan on residing in the US for the term of the loan.

I'm fairly sure that if I wasnt in the process of adjusting they wouldn't have counted my income.

petitefrancaise

Don't you just love personal anecdote and google search discussions.

I'll certainly check it out with someone who does the job. Thanks for your input.