What we verified in “If your immigration status changes mid-process: mortgage and HUD”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. FHA Handbook 4000.1 (revised August 12, 2026) says U.S. citizenship is not required for the loan; the lender must determine the borrower's residency status from the information on the application and other applicable documentation; a Social Security card is not sufficient to prove immigration or work status; lawful permanent residents are eligible under the same terms as U.S. citizens, with evidence of permanent residence in the file, as are citizens of Micronesia, the Marshall Islands and Palau; and it says the same for the HECM reverse mortgage.

   Sources 1 · Handbook 4000.1 (Last Revised: 8/12/2026), II.A.1.b.ii(A)(8)–(9) and II.B.2.b.ii(A)(3)–(4): 'U.S. citizenship is not required for Mortgage eligibility'; 'The Mortgagee must determine the residency status of the Borrower based on information provided on the mortgage application and other applicable documentation'; 'A Social Security card is not sufficient to prove immigration or work status'; 'A Borrower with lawful permanent resident status may be eligible for FHA-insured financing provided the Borrower satisfies the same requirements, terms, and conditions as those for U.S. citizens'; 'The mortgage file must include evidence of lawful permanent residence'; 'the Republic of the Marshall Islands, or the Republic of Palau'; 'U.S. citizenship is not required for HECM eligibility' · Checked October 29, 2026

2. HUD Mortgagee Letter 2025-09, dated March 26, 2025, removed the non-permanent resident sections in their entirety and with them that group's eligibility for FHA loans; it must be implemented for FHA case numbers assigned on or after May 25, 2025; it applies to all FHA Title II programs, both forward mortgages and HECMs; and among the sections it changed are those on non-credit qualifying Streamline Refinances.

   Sources 2 · Mortgagee Letter 2025-09: 'Date: March 26, 2025'; 'removes the Non-permanent Residents sections in its entirety'; 'eliminating eligibility for non-permanent resident Borrowers'; 'must be implemented for FHA case numbers assigned on or after May 25, 2025'; 'apply to all FHA Title II Single Family forward'; 'and Home Equity Conversion Mortgage (HECM) programs'; 'Non-credit Qualifying Exemptions (II.A.8.d.vi(C)(1)(a))'; 'Special Documentation and Procedures for Non-credit Qualifying Streamline Refinances' · Checked October 29, 2026

3. Fannie Mae buys mortgages made to borrowers who are not U.S. citizens but are lawful permanent or non-permanent residents, under the same terms available to U.S. citizens; it does not specify the exact documentation: the lender determines status based on the circumstances of each case, using documentation it deems appropriate, and by delivering the mortgage warrants to Fannie Mae that the borrower is legally present in the country.

   Sources 3 · Selling Guide B2-2-02, Non-U.S. Citizen Borrower Eligibility Requirements: 'lawful permanent or non-permanent residents of the United States under the same terms that are available to U.S. citizens'; 'does not specify the precise documentation the lender must obtain'; 'based on the circumstances of the individual case, using documentation it deems appropriate'; 'By delivering the mortgage to Fannie Mae, the lender represents and warrants that the non–U.S. citizen borrower is legally present in this country' · Checked October 29, 2026

4. The Fannie Mae Selling Guide requires each borrower to have a valid Social Security number or an ITIN, in addition to meeting legal residency and documentation requirements; and the lender must confirm each borrower's identity before extending credit.

   Sources 4 · Selling Guide B2-2-01, General Borrower Eligibility Requirements: 'requires that each borrower have a valid Social Security number or Individual Taxpayer Identification Number (ITIN), in addition to meeting existing legal residency and documentation requirements'; 'Lenders must confirm each borrower' · Checked October 29, 2026

5. Under Fannie Mae, the lender must document that income is stable, has a documented history of receipt and is reasonably expected to continue; and borrowers who are not U.S. citizens must meet the same employment and income verification requirements as U.S. citizens, regardless of the type or source of income.

   Sources 5 · Selling Guide B3-3.1-01, General Income Information: 'The lender must document income is stable, has a documented history of receipt, and is reasonably expected to continue'; 'Borrowers who are not U.S. citizens must meet the same employment and income verification requirements that are required for borrowers who are U.S. citizens, regardless of the type or source of income' · Checked October 29, 2026

6. Under Regulation B, a creditor may inquire about the permanent residency and immigration status of an applicant or any other person in connection with a credit transaction.

   Sources 6 · 12 CFR §1002.5(e), Permanent residency and immigration status: 'A creditor may inquire about the permanent residency and immigration status of an applicant or any other person in connection with a credit transaction' · Checked October 29, 2026

7. Under Regulation B, a creditor may consider the applicant's immigration status or status as a permanent resident, and any additional information needed to ascertain its rights and remedies regarding repayment; but, except as otherwise permitted or required by law, it may not consider race, color, religion, national origin or sex in any aspect of a credit transaction.

   Sources 7 · 12 CFR §1002.6(b)(7) and (b)(9): 'Immigration status'; 'immigration status or status as a permanent resident of the United States'; 'rights and remedies regarding repayment'; 'a creditor shall not consider race, color, religion, national origin, or sex'; 'in any aspect of a credit transaction' · Checked October 29, 2026

8. The Equal Credit Opportunity Act makes it unlawful for any creditor to discriminate against an applicant in any aspect of a credit transaction on the basis of race, color, religion, national origin, sex, marital status or age.

   Sources 8 · 15 U.S.C. §1691(a): 'It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction'; 'on the basis of race, color, religion, national origin, sex or marital status, or age' · Checked October 29, 2026

9. Under Regulation X, the servicer must make good faith efforts to establish live contact with a delinquent borrower no later than the 36th day of delinquency and, if appropriate, inform the borrower about available loss mitigation options; and it must send a written notice no later than the 45th day of delinquency.

   Sources 9 · 12 CFR §1024.39(a)–(b): 'make good faith efforts to establish live contact with a delinquent borrower no later than the 36th day'; 'inform the borrower about the availability of loss mitigation options'; 'a written notice'; 'no later than the 45th day' · Checked October 29, 2026

10. Under Regulation X, a servicer may not make the first notice or filing for foreclosure unless the loan is more than 120 days delinquent, the foreclosure is based on a due-on-sale clause, or the servicer is joining another lienholder's foreclosure; and if the borrower submits a complete loss mitigation application before that first step, the servicer may not take it unless it has already notified the borrower that no option is available, the borrower rejects all options offered, or the borrower fails to perform under the agreement.

    Sources 10 · 12 CFR §1024.41(f): 'A servicer shall not make the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process unless'; 'more than 120 days delinquent'; 'violation of a due-on-sale clause'; 'joining the foreclosure action of a superior or subordinate lienholder'; 'If a borrower submits a complete loss mitigation application during the pre-foreclosure review period'; 'the borrower is not eligible for any loss mitigation option'; 'The borrower rejects all loss mitigation options offered by the servicer'; 'The borrower fails to perform under an agreement on a loss mitigation option' · Checked October 29, 2026

11. Under the Social Security regulation, SSA can assign a Social Security number to an alien lawfully admitted for permanent residence or under other authority of law permitting work in the United States, if the evidence requirements are met.

    Sources 11 · 20 CFR §422.104(a)(1)–(2): 'We can assign you a social security number if you meet the evidence requirements'; 'An alien lawfully admitted to the United States for permanent residence or under other authority of law permitting you to work in the United States' · Checked October 29, 2026

12. According to the IRS, you cannot have both an ITIN and a Social Security number: once you get an SSN you stop using the ITIN, use the SSN for tax purposes and notify the IRS so it combines your tax records under the SSN; if you do not notify it, you may not receive credit for all wages paid and taxes withheld, which could reduce a refund.

    Sources 12 · Individual Taxpayer Identification Number, If you get a Social Security number (SSN): 'have both an ITIN and an SSN'; 'Stop using your ITIN'; 'Use your SSN for tax purposes'; 'When you get an SSN, notify the IRS'; 'combine all your tax records under your SSN'; 'you may not receive credit for all wages paid and taxes withheld'; 'This could reduce the amount of any refund due' · Checked October 29, 2026

13. Under HUD's regulation, financial assistance under Section 214 covered programs is restricted to citizens and to noncitizens with eligible immigration status in one of the Section 214 categories; a family is not eligible unless every member residing in the unit has eligible status, or it meets the conditions for mixed families, which may receive one of three types of assistance.

    Sources 13 · 24 CFR §5.506(a)–(b): 'Financial assistance under a Section 214 covered program is restricted to'; 'Noncitizens who have eligible immigration status under one of the categories set forth in Section 214'; 'A family shall not be eligible for assistance unless every member of the family residing in the unit is determined to have eligible status'; 'a mixed family may be eligible for one of the three types of assistance' · Checked October 29, 2026

14. Under Section 214 (42 U.S.C. §1436a), HUD may not make financial assistance available to an alien unless the person is a resident of the United States and is, among other categories: a lawful permanent resident; admitted as a refugee or granted asylum that has not been terminated; lawfully present through parole under section 212(d)(5); granted withholding of deportation; or a lawful resident under the Compacts of Free Association; and if the eligibility of at least one family member has been established and the ineligibility of the others has not, assistance is prorated based on the number of members whose eligibility has been established.

    Sources 14 · 42 U.S.C. §1436a(a) and (b)(2): 'may not make financial assistance available for the benefit of any alien unless that alien is a resident of the United States and is'; 'an alien lawfully admitted for permanent residence as an immigrant'; 'pursuant to an admission under section 1157 of title 8 or pursuant to the granting of asylum (which has not been terminated)'; 'pursuant to section 1182(d)(5) of title 8'; 'withholding deportation pursuant to section 1231(b)(3) of title 8'; 'under section 141 of the Compacts of Free Association'; 'shall be prorated, based on the number of individuals in the family for whom eligibility has been affirmatively established' · Checked October 29, 2026

15. Under 24 CFR §5.508, each family member, regardless of age, submits evidence: citizens, a signed declaration; noncitizens 62 years of age or older, a signed declaration of eligible immigration status and a proof of age document; all other noncitizens, a signed declaration of eligible immigration status, one of the immigration documents and a signed verification consent form; if one or more members elect not to contend eligible status, the family must identify them in writing to the responsible entity; each member submits evidence only one time during continuously assisted occupancy; and a new occupant of the unit submits it at the first reexamination after moving in.

    Sources 15 · 24 CFR §5.508(b), (e), (g)(3) and (g)(5): 'Each family member, regardless of age, must submit the following evidence'; 'a signed declaration of U.S. citizenship or U.S. nationality'; 'For noncitizens who are 62 years of age or older'; 'Proof of age document'; 'For all other noncitizens'; 'A signed declaration of eligible immigration status'; 'One of the INS documents referred to in'; 'A signed verification consent form'; 'must identify in writing to the responsible entity'; 'who will elect not to contend that he or she has eligible immigration status'; 'the required evidence shall be submitted at the first interim or regular reexamination following the person'; 'the family is required to submit evidence of eligible status only one time during continuously assisted occupancy' · Checked October 29, 2026

16. The regulation requires the responsible entity to extend the time to submit evidence if the member signs the declaration and certifies that the evidence is temporarily unavailable and that prompt and diligent efforts will be made to obtain it; the extension may not exceed 30 days; and the decision to grant or deny it is issued to the family in writing.

    Sources 15 · 24 CFR §5.508(h): 'The responsible entity shall extend the time'; 'the evidence needed to support a claim of eligible immigration status is temporarily unavailable'; 'prompt and diligent efforts will be undertaken to obtain the evidence'; 'Any extension of time, if granted, shall not exceed thirty (30) days'; 'shall be issued to the family by written notice' · Checked October 29, 2026

17. Under 24 CFR §5.512, primary verification of status is done by the responsible entity through the immigration service's automated SAVE system; if SAVE does not confirm eligible status, secondary verification must be performed, which is a manual search of immigration records that the entity must request within 10 days of receiving the primary result; if secondary verification also fails to confirm it, the entity issues the family the notice that includes the right to appeal; and the entity is not liable for actions, delays or failures of the immigration service.

    Sources 16 · 24 CFR §5.512(c)–(e): 'Primary verification of the immigration status of the person is conducted by the responsible entity through the INS automated system'; 'Systematic Alien Verification for Entitlements (SAVE)'; 'secondary verification must be performed'; 'Secondary verification is a manual search by the INS of its records'; 'within 10 days of receiving the results of the primary verification'; 'which includes notification of the right to appeal'; 'shall not be liable for any action, delay, or failure of the INS' · Checked October 29, 2026

18. Under 24 CFR §5.514, assistance to a family may not be delayed, denied, reduced or terminated because of a family member's immigration status except as that section provides; in particular, it may not be delayed, denied, reduced or terminated on the basis of a member's ineligible status while primary and secondary verification of timely submitted documents is not complete, while the immigration appeal has not concluded, if assistance is prorated, or if that member has moved out of the unit; and a tenant's assistance also may not be touched until the informal hearing is complete.

    Sources 17 · 24 CFR §5.514(a)–(b): 'Assistance to a family may not be delayed, denied, reduced or terminated because of the immigration status of a family member except as provided in this section'; 'The primary and secondary verification of any immigration documents that were timely submitted has not been completed'; 'has moved from the assisted dwelling unit'; 'appeals process under'; 'has not been concluded'; 'Assistance is prorated in accordance with'; 'assistance to a tenant cannot be delayed, denied, reduced or terminated until the completion of the informal hearing' · Checked October 29, 2026

19. The notice of denial or termination must give a brief explanation of the reasons; say the family may be eligible for prorated assistance; state the right to appeal the secondary verification result to the immigration service and to submit additional documentation or a written explanation; state the right to an informal hearing, after the appeal or instead of it; and, for applicants, make clear that assistance may not be delayed until the appeal concludes but may be delayed while the informal hearing process is pending.

    Sources 17 · 24 CFR §5.514(d): 'provide a brief explanation of the reasons for the proposed denial or termination of assistance'; 'That the family may be eligible for proration of assistance'; 'has a right to request an appeal to the INS of the results of secondary verification of immigration status and to submit additional documentation or a written explanation'; 'has a right to request an informal hearing with the responsible entity either upon completion of the INS appeal or in lieu of the INS appeal'; 'assistance may not be delayed until the conclusion of the INS appeal process, but assistance may be delayed during the pendency of the informal hearing process' · Checked October 29, 2026

20. To appeal, the family has 30 days from the date of the responsible entity's notice; the appeal is requested in writing directly to the immigration service, and the family gives the entity a copy of the request and proof of mailing; it may send additional documentation or a written explanation; the immigration service must issue its decision within 30 days of receiving the documentation or inform the reasons for the delay; and pending completion of the appeal, assistance may not be delayed, denied, reduced or terminated on the basis of immigration status.

    Sources 17 · 24 CFR §5.514(e): 'the family shall have 30 days from the date of the responsible entity'; 'communicating that request in writing directly to the INS'; 'a copy of the written request for appeal and proof of mailing'; 'any additional documentation or written explanation in support of the appeal'; 'a decision within 30 days of its receipt of documentation'; 'will inform the family and responsible entity of the reasons for the delay'; 'Pending the completion of the INS appeal under this section, assistance may not be delayed, denied, reduced or terminated on the basis of immigration status' · Checked October 29, 2026

21. The informal hearing is requested within 30 days of the notice or of the appeal decision; the family is entitled to a hearing officer who did not make or approve the decision, to examine and copy the documents about its eligibility in advance, to present evidence and arguments, to controvert the evidence against it, to be represented by an attorney or other designee at its own expense, to an interpreter and to have the hearing recorded; the final decision is issued in writing within 14 days of the hearing; and a decision against the family does not preclude going to court.

    Sources 17 · 24 CFR §5.514(f)–(g): 'within 30 days of receipt of the notice described in paragraph (d) of this section, or within 30 days of receipt of the INS appeal decision'; 'other than a person who made or approved the decision under review'; 'the opportunity to examine and copy'; 'the opportunity to present evidence and arguments in support of eligible status'; 'to controvert evidence relied upon by the responsible entity'; 'to be represented by an attorney, or other designee'; 'to arrange for an interpreter to attend the hearing'; 'to have the hearing recorded by audiotape'; 'a written final decision, based solely on the facts presented at the hearing, within 14 days of the date of the informal hearing'; 'does not preclude the family from exercising the right, that may otherwise be available, to seek redress directly through judicial procedures' · Checked October 29, 2026

22. Assistance is denied to an applicant, or terminated for a tenant, following the section's procedures, when evidence is not submitted by the deadline or its extension; or when it is timely submitted but primary and secondary verification does not verify a member's eligible status and the family does not pursue the appeal or hearing, or the final decisions go against it.

    Sources 17 · 24 CFR §5.514(c)(1): 'Assistance to an applicant shall be denied, and a tenant'; 'is not submitted by the date specified in'; 'or by the expiration of any extension granted'; 'INS primary and secondary verification does not verify eligible immigration status of a family member'; 'The family does not pursue INS appeal or informal hearing rights'; 'the final appeal or hearing decisions are decided against the family member' · Checked October 29, 2026

23. Under 24 CFR §5.516, after the appeal and informal hearing are complete, a tenant mixed family may receive one of three types of preservation assistance: continued assistance, temporary deferral of termination or prorated assistance; prorated assistance must be provided if the family requests it and is also available to mixed families applying for assistance; and project owners and housing authorities must offer it to eligible mixed families.

    Sources 18 · 24 CFR §5.516(a), (b) and (d): 'following completion of the appeals and informal hearing procedures'; 'There are three types of preservation assistance'; 'Continued assistance'; 'Temporary deferral of termination of assistance'; 'a mixed family must be provided prorated assistance if the family so requests'; 'Prorated assistance is also available for mixed families applying for assistance'; 'project owners and PHAs must offer prorated assistance to eligible mixed families' · Checked October 29, 2026

24. Under 24 CFR §5.518, if a mixed family qualifies for prorated assistance but decides not to accept it, or if no member has eligible status, the family may be eligible for a temporary deferral of termination, to allow time for an orderly transition to other affordable housing; the initial period does not exceed six months, may be renewed in six-month periods and the total does not exceed eighteen months; at the start of each period the entity informs the family and gives referrals to find other housing; and the entity notifies its decision on preservation assistance with the reasons and, for tenants, the appeal rights.

    Sources 19 · 24 CFR §5.518(b) and (d): 'but decides not to accept prorated assistance, or if a family has no members with eligible immigration status'; 'to permit the family additional time for the orderly transition'; 'an initial period not to exceed six months'; 'may be renewed for additional periods of six months'; 'shall not exceed a period of eighteen months'; 'offer the family information concerning, and referrals to assist in finding, other affordable housing'; 'the notification shall state the reasons'; 'the notice also shall inform the family of any applicable appeal rights' · Checked October 29, 2026

25. On February 20, 2026, HUD published a proposed rule that would require verification of the citizenship or eligible status of all applicants and recipients regardless of age; would make prorated assistance temporary, pending verification of all members, instead of able to continue indefinitely; proposes removing the immigration appeal in §5.514(e) and having the notice say the person may seek a records correction with the agency that issued the documents; would require tenants in mixed families who have not submitted evidence to do so within 90 days of the effective date of a future final rule; and the comment period closed April 21, 2026. It is a proposal, not a final rule.

    Sources 20 · 91 FR 8151 (February 20, 2026): 'ACTION: Proposed rule'; 'require the verification of U.S. citizenship or the eligible immigration status of all applicants and recipients of assistance under a covered program regardless of age'; 'make prorated assistance a temporary condition pending verification of eligible status of all family members'; 'prorated assistance could continue indefinitely'; 'HUD is proposing to remove Sec. 5.514(e) regarding appeals to the INS'; 'may seek a records correction with any agency that issued documents'; 'within 90 days of the effective date of a future final rule'; 'Comments are due by: April 21, 2026' · Checked October 29, 2026 · Proposed, not in force

26. HUD-approved housing counselors give advice on buying a home, renting, defaults, forbearances, foreclosures and credit issues, often at little or no cost.

    Sources 21 · Find a Housing Counselor: 'advice on buying a home, renting, defaults, forbearances, foreclosures, and credit issues'; 'often at little or no cost to you' · Checked October 29, 2026

27. According to the Department of Justice's Executive Office for Immigration Review (EOIR), only certain individuals can represent you, including validly licensed attorneys and accredited representatives; notarios, document preparers, immigration consultants and travel agents are not allowed to practice law, cannot give you legal advice and cannot tell you whether you are eligible for immigration relief.

    Sources 22 · Can Someone Represent You Before EOIR?: 'Only certain individuals can represent you before EOIR'; 'Those include validly licensed attorneys and accredited representatives'; 'Notarios, document preparers, immigration consultants, and travel agents are not allowed to practice law'; 'They cannot give you legal advice'; 'tell you if you are eligible for immigration relief' · Checked October 29, 2026

28. EOIR publishes the lists of recognized organizations and accredited representatives, also listed by state.

    Sources 23 · Recognition & Accreditation (R&A) Roster Reports: 'Recognized Organizations List'; 'Accredited Representatives List'; 'Organizations and Representatives, Listed by State' · Checked October 29, 2026

29. The Legal Services Corporation (LSC), established by Congress in 1974, funds civil legal aid for low-income people through organizations in every state, the District of Columbia and the territories; its page lets you search by address or city for the nearest organization and points to LawHelp.org for information and free legal forms.

    Sources 24 · Get Legal Help: 'LSC is an independent nonprofit established by Congress in 1974 to provide financial support for civil legal aid to low-income Americans'; 'in every state, the District of Columbia, and U.S. Territories'; 'enter an address or city below to find an LSC-funded legal aid organization near you'; 'find free legal forms' · Checked October 29, 2026