N.J. Admin. Code § 9A:9-2.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 9A:9-2.3 - Noncitizens and resident aliens

(a) In order to receive a grant or scholarship, a noncitizen of the United States of America or resident alien must present affirmative evidence that he or she is not in the United States for the temporary purpose of obtaining an education. Acceptable affirmative evidence is delineated annually by the United States Department of Education in the Federal Student Aid Handbook published at http://ifap.ed.gov/ifap/byAwardYear.jsp?type=fsahandbook. The acceptable affirmative evidence standards set forth in Volume 1, Chapter 2, Citizenship, of the 2019-2020 Federal Student Aid Handbook, which is incorporated herein by reference, as amended and supplemented. For a noncitizen of the United States of America, or resident alien, legal New Jersey residency for purposes of N.J.A.C. 9A:9-2.2commences when a student is granted permanent resident status in the United States.

(b) In order to receive a grant or scholarship, a student other than a nonimmigrant alien within the meaning of section 101(a)(15) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15) shall:

1. Have attended a New Jersey high school for at least three years;

2. Have graduated from a New Jersey high school or received the equivalent of a high school diploma from New Jersey; and

3. In the case of a person without lawful immigration status, filed an affidavit with the institution of higher education stating either that the student has filed an application to legalize his or her immigration status, or that the student will file an application to legalize his or her immigration status as soon as he or she is eligible to do so.

N.J. Admin. Code § 9A:9-2.3

Amended by 46 N.J.R. 2354(a), effective 12/1/2014

Amended by 52 N.J.R. 469(a), effective 3/2/2020