Additional Eligibility Requirements
The Department of Housing and Urban Development (HUD) requires the Gainesville Housing Authority to obtain from all family members who are applying for financial housing assistance on or after June 19, 1995 to provide as part of the eligibility process: (a) a declaration that the individual has U.S. citizenship or (b) claims to have eligible noncitizen immigration status or (c) inform the Gainesville Housing Authority that the family member contends they do not have eligible status.
No documentation is required of those persons claiming U.S. Citizenship.
Evidence of eligible noncitizen immigration status must be presented in the original form (see required documentation listed below). A copy will be made for your file and the original will be returned to you. The required evidence must be presented for every person in the family who will be living in the assisted unit and who claims that they have eligible noncitizen immigration status. The evidence submitted will be verified with the U.S. Department of Immigration and Naturalization Service (INS) through their Systematic Alien Verification for Entitlements (SAVE) system.
- Citizen Status: Each family member who claims to be a U.S. citizen must sign a declaration of U.S. citizenship under penalty of perjury, regardless of age. (The Gainesville Housing Authority has the form available). If the family member is a minor (under age 18), the responsible adult who will reside in the assisted unit must sign the declaration. Non-documentation of U.S. Citizenship will be required.
- Non-citizens: Each family member who claims to be a noncitizen with eligible immigration status, must sign a declaration of their eligibility status, under penalty of perjury. If the family member is a minor (under age 18) the responsible adult who will reside in the assisted unit must sign the declaration. In addition to the declaration, acceptable evidence of noncitizen eligible immigration status includes presenting the original of one of the following documents:
- Form 1-551, Alien Registration Receipt Card
- Form 1-94, Arrival-Departure Card with one of the following annotations:
- “Admitted as Refugee Pursuant to Section 207”
- “Section 208” or “Asylum”
- “Section 243(h)” or “Deportation stayed by Attorney General”
- “Paroled Pursuant to Sec. 212(d) (5) of INA”
- If Form 1-94, Arrival-Departure Record, is not annotated, then accompanied by one of the following documents:
- A final court decision granting asylum (but only if no appeal is taken);
- A letter from an INS asylum officer granting asylum (if application is filed on or after October 1, 1990)
- A court decision granting withholding of deportation; or
- A letter from an INS asylum officer granting withholding of deportation (if application is filed on or after October 1, 1990)
- Form 1-6888, Temporary Resident Card, which must be annotated “Section 245A or Section 210”
- Form 1-688B, Employment Authorization Card, which must be annotated “Provisions of Law 274a.12(11)” or “Provision of Law 273a.12”
- A receipt issued by the INS indicating that an application for issuance of a replacement document in one of the above-listed categories has been made and the applicant’s entitlement to the document has been verified, or
- Other acceptable evidence. If other documents are determined by the INS to constitute acceptable evidence of eligible immigration status, they will be announced.
- Family member contends not to have eligible status: Any family member who wishes to contend they do not have eligible noncitizen immigration status may do so. The family must identify this individual, who will be required to comply with all other eligibility requirements. She/he will not be required to sign the declarations.
Additional requirements: If you or any family member claims to be noncitizen with eligible immigration status, the family member claiming that status must sign a release of evidence authorizing the Gainesville Housing Authority to obtain verification of eligible noncitizen status through the Department of Immigration and Naturalization Service (INS) and their Systematic Alien Verification for Entitlements (SAVE) system. For adults (18 years and older), the adults must sign the release; for children, the form must be signed by the adult member who is responsible for the child who will reside in the assisted unit.
The federal regulations allow that assistance will be prorated, denied or terminated, as appropriate, after all appeals with the U.S. Department of Immigration and Naturalization Service (INS) and the Gainesville Housing Authority are completed. If the family chooses not to appeal any decision, the Gainesville Housing Authority will notify the family in an appropriate notice as to their rights at the time the family chooses not to appeal.