N.J. Admin. Code § 5:80-7.7

Current through Register Vol. 57, No. 1, January 6, 2025

Section 5:80-7.7 - Nonimmigrant alien students

(a) Section 214 of the Housing and Community Development Act of 1980, 42 U.S.C. § 1436a, prohibits HUD from making housing assistance available to nonimmigrant alien students.

(b) A nonimmigrant alien student is a person who:

1. Has a foreign residence which he or she has no intention of abandoning;

2. Is a bona fide student qualified to pursue a full course of study; and

3. Is admitted to the United States temporarily and solely for purposes of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States, particularly designated by him or her and approved by the Attorney General of the United States (Attorney General) after consultation with the Department of Education of the United States.

(c) Nonimmigrant alien student also means the alien spouse and minor children of such student, as long as the spouse's and children's right to be in the United States depends on the alien's right.

(d) If an applicant identifies himself or herself or his or her spouse as a student, the owner must request proof of United States citizenship and ask the applicant to sign a statement certifying that he or she is not a nonimmigrant alien student . An example certification form may be found as Exhibit B.

N.J. Admin. Code § 5:80-7.7

Amended by 49 N.J.R. 3423(c), effective 10/16/2017