Loan Prospector – Documenting Lawful Residency Status for Non-U.S. Citizens

Non-U.S. citizens who are lawful permanent residents or lawful nonpermanent residents of the U.S. are eligible for Mortgages on the same terms as U.S. citizens. When selling such Mortgages to Freddie Mac, Sellers represent and warrant that the non-U.S. citizen Borrower is lawfully resident in the United States.

Freddie Mac does not specify the documentation required to establish lawful U.S. residency. You should consult your own counsel or other information sources to determine documentation that may be used to establish lawful residency. This learning clip contains information found on www.uscis.gov, the website of the U.S. Citizenship and Immigration Services (USCIS) (formerly called the Immigration and Naturalization Service, now within the Department of Homeland Security). This learning clip does not constitute legal advice and its contents may not be relied upon. Sellers should check the USCIS website itself for updates and additional information.

The USCIS issues several documents for the purpose of documenting legal residency, including the Permanent Resident Card and Employment Authorization Card.

 
 

Permanent Resident Card

Often called a "Green Card," the bearer is lawfully residing, and has the right to work and live permanently, in the United States. The USCIS also calls this card Form I-551.

Permanent Resident Card (back)

Employment Authorization Card

This card establishes an immigrant's lawful presence and right to work in the U.S. There are many status categories documented by this card.

There are additional forms of identification issued by other governmental agencies that may be used to determine lawful residency:

  • Social Security Card
  • Immigrant Visa and Entry Stamp
  • Passport with an I-551 Stamp

The following documents are not considered valid documentation of lawful residency status by the USCIS:

  • Individual Taxpayer Identification Number (ITIN) cards
  • Matricula Consular cards
  • Border Crossing Card

For more information about Freddie Mac's requirements, see Freddie Mac's Single-Family Seller/Servicer Guide.

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