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Claudia Hines, esq.


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Department of Housing & Urban Development



FHA TO PERMIT DACA STATUS RECIPIENTS TO APPLY FOR FHA INSURED MORTGAGES.



January 22, 2021





Effective January 19, 2021, the Federal Housing Administration (FHA) is permitting individuals classified under the “Deferred Action for Childhood Arrivals” program (DACA) with the U.S. Citizenship & Immigration Service (USCIS) and are legally permitted to work in the U.S. are eligible to apply for mortgages backed by the FHA.


Prior to today’s announcement, the FHA Single Family Housing Handbook (“Handbook 4000.1 Section II.A.1.b.ii(A)(9)(c) includes this statement: “Non-US citizens without lawful residency in the U.S. are not eligible for FHA-insured mortgages.” This language was incorporated into the FHA Handbook by the Obama Administration in September 2015 although it was first incorporated into FHA guidelines in 2003.


The term “lawful residency” pre-dates DACA and thus did not anticipate a situation in which a borrower might not have entered the country legally, but nevertheless be considered lawfully present. To avoid confusion and provide needed clarity to HUD’s lending partners, FHA is waiving the above referenced FHA Handbook subsection in its entirety.


In a subsequent update to the FHA Handbook the language will be removed. Other FHA requirements remain in effect for all potential borrowers including DACA status recipients:

• the property will be the borrower’s principal residence

• the borrower has a valid Social Security Number (SSN), except for those employed by the World Bank, a foreign embassy, or equivalent employer identified by HUD

• the borrower is eligible to work in the U.S., as evidenced by the Employment Authorization Document issued by the USCIS and

• the borrower satisfies the same requirements, terms, and conditions as those for U.S. citizens.


The Employment Authorization Document is required to substantiate work stat us. If the Employment Authorization Document will expire within one year and a prior history of residency status renewals exists, the lender may assume that continuation will be granted. If there are no prior renewals, the lender must determine the likelihood of renewal based on information from the USCIS.


A borrower residing in the U.S. by virtue of refugee or asylee status granted by the USCIS is automatically eligible to work in this country. The Employment Authorization Document is not required, but documentation substantiating the refugee or asylee status must be obtained.



LINK TO HUD

What's New in Immigration -



JANUARY 2021





2021 Changes To Immigration Coming Soon!


read more

What's New In Immigration -



JANUARY 2021





2021 Changes To Immigration Coming Soon!


read more

What's New In Immigration -



JANUARY 2021





2021 Changes To Immigration Coming Soon!


read more

Asylum: One Year Filing Requirement- MENDEZ ROJAS



Who is covered by the Mendez Rojas certified classes?

To benefit from the district court decision, an individual must be a member of one of the two classes certified in the case:

Class A comprises individuals who:
* Have been or will be released from Department of Homeland Security (DHS) custody after having been found to have a credible fear of persecution within the meaning of 8 U.S.C. § 1225(b)(1)(B)(v) and, * Did not receive a notice from DHS of the one-year filing deadline for asylum applications and* Either or Have not filed an asylum application or* Filed an asylum application more than one year after their arrival in the United States.


Additionally, Class A is divided into two sub-classes:1) those who are not in removal proceedings and2) those who are in removal proceedings.
Class B comprises individuals who:• Have been or will be detained by DHS upon their arrival into the country• Express a fear of return to their home country to a DHS official • Have been or will be released from DHS custody without a credible fear determination• Are issued a Notice to Appear (NTA) • Did not receive a notice from DHS of the one-year filing deadline for asylum applications and• Either o Have not filed an asylum application or o Filed an asylum application more than one year after their arrival in the United States.
Additionally, Class B is divided into two sub-classes:1) those who are not in removal proceedings and2) those who are in removal proceedings.



Deferred Action for Childhood Arrivals (DACA) - DEPARTMENT OF HOMELAND SECURITY ET AL. v. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL.



In a major rebuke to President Trump, the U.S. Supreme Court has blocked the administration's plan to dismantle an Obama-era program that has protected 700,000 so-called DREAMers from deportation. The vote was 5-4, with Chief Justice John Roberts writing the opinion.



New USCIS Rule Changes Employment Eligibility Requirements for Asylum Seekers:



U.S. Citizenship and Immigration Services today announced a regulatory change to deter aliens from illegally entering the United States and from filing frivolous, fraudulent, or otherwise non-meritorious claims for asylum to obtain an employment authorization document. This rule does not alter asylum eligibility criteria in any way and will be effective on August 25, 2020.



Check Your Immigration Case Online



Click above to chack the status of your immikgration case currently pending with USCIS. You will need to have your Case Receipt Notice handy. The receipt number will be listed in the 797-Notice of Action that USCIS sent you after you filed our Application/Petition.





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