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Father files taxes, and have valid social, but got out of status, can FAFSA be filed?

Posted by Liberty 
My parents are divorced, Mom got married to a USC and has her green card already. I also got my greencard from my US citizen stepdad. Used my dad's info in filing for FAFSA. He pays taxes, has valid Social Security, but got out of status. On the FAFSA application where the question: Did your father become legal resident before January 2007? At first, I answered yes because he's been here since 2001. But I had some doubts and did some research. On College admissions, they explained that simply living here in Florida for years doesnt mean you are a legal resident. But then, I called FAFSA and explained to them his situation, one of the counselors told me that it simply means where the father resides.
I don't want my dad to be in trouble, and put his illegal status out there, but I need to submit my application already, so my choice of university can go forward with the process of admitting me.
I tried contacting the Law Firm of Elsie Vasquez but I haven't got a response.
If the FAFSA representative explained that this refers to where your father resides, then I would take that advice and list his information. In the case that it wrong, the application will not be approved. It does not mean that they will be looking into your father's legal status and contact him. However, if you feel more comfortable, I would request the advice of another counselor. You should call again to get a second response.

In the mean time, I will forward your question to immigration lawyer, Elsie C. Vasquez. Please note that it does take a few days for her response due to the high volume of questions she receives.

Thank you for your patience!

Jazmin Cameron, LIC Advisor
Elsie C. Vasquez, Immigration Lawyer
Re: Father files taxes, and have valid social, but got out of status, can FAFSA be filed?
June 27, 2012 10:41AM
You can submit your application and follow the advise from the FAFSA representative. The question is regarding his place of residence not his lawful status in the United States. By submitting your FAFSA, your father will not be put in any danger with immigration officials. His information is used in order to establish the amount of financial aid which you are entitled to received.

Thank you and good luck,



Elsie C. Vasquez, Esq.
Law Office of Elsie C. Vasquez
399 Knollwood Road, Suite 112
White Plains, New York 10603
Telephone: 914-949-1701
Fax: 914-949-1865
Website: www.elsievasquezlaw.com