resident tuition in ca with ead?

[zzzonzo 0]

Does anyone happen to know what is required to qualify for in-state tuition at California colleges and universities? It seems with EAD it would be possible to get SSN and DL, which would probably do the trick when registering with the school, but would it be legal?

[TracyTN 237]

Can you even get a CA state driver's license without actually residing there? I'd be surprised if you could.

[sarah and hicham 3]

When we looked into classes for my husband, they said that he becomes eligible for resident tuition one year and one day after having filed for his greencard.

[zzzonzo 0]

Can you even get a CA state driver's license without actually residing there? I'd be surprised if you could.

To clarify, the problem is not with physical presence in CA. It's a question of whether the EAD makes for legal residency for purposes of paying in-state tuition while still waiting for aos to be approved.

[sarah and hicham 3]

Can you even get a CA state driver's license without actually residing there? I'd be surprised if you could.

To clarify, the problem is not with physical presence in CA. It's a question of whether the EAD makes for legal residency for purposes of paying in-state tuition while still waiting for aos to be approved.

My husband had his EAD when he wanted to go to school in CA, but they said that didn't permit CA resident tuition. Like I said, you have to be here for one year and one day from the day you filed for your Greencard.

[zzzonzo 0]

Can you even get a CA state driver's license without actually residing there? I'd be surprised if you could.

To clarify, the problem is not with physical presence in CA. It's a question of whether the EAD makes for legal residency for purposes of paying in-state tuition while still waiting for aos to be approved.

My husband had his EAD when he wanted to go to school in CA, but they said that didn't permit CA resident tuition. Like I said, you have to be here for one year and one day from the day you filed for your Greencard.

Ok. I think my wife's situation is somewhat different. She has been present in CA for some time prior to filing AOS, with intent to reside here. I'm trying to figure out if CA Education Code 68071 (see below) means she is now eligible for resident fees. Has a bit of a catch-22 ring to it. I think it all hinges on their peculiar definition of "reside" which requires you can't be "precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States."

So, maybe the question boils down to, with EAD is she precluded from establishing domicile in the US?

68071. A student who has been entirely self-supporting and actually present in California for more than one year immediately preceding the residence determination date, with the intention of acquiring a residence therein, shall be entitled to resident classification until he or she has resided in the state the minimum time necessary to become a resident.

[athena_ny 1]

Can you even get a CA state driver's license without actually residing there? I'd be surprised if you could.

To clarify, the problem is not with physical presence in CA. It's a question of whether the EAD makes for legal residency for purposes of paying in-state tuition while still waiting for aos to be approved.

My husband had his EAD when he wanted to go to school in CA, but they said that didn't permit CA resident tuition. Like I said, you have to be here for one year and one day from the day you filed for your Greencard.

Ok. I think my wife's situation is somewhat different. She has been present in CA for some time prior to filing AOS, with intent to reside here. I'm trying to figure out if CA Education Code 68071 (see below) means she is now eligible for resident fees. Has a bit of a catch-22 ring to it. I think it all hinges on their peculiar definition of "reside" which requires you can't be "precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States."

So, maybe the question boils down to, with EAD is she precluded from establishing domicile in the US?

68071. A student who has been entirely self-supporting and actually present in California for more than one year immediately preceding the residence determination date, with the intention of acquiring a residence therein, shall be entitled to resident classification until he or she has resided in the state the minimum time necessary to become a resident.

Then what Sarah and Hicham (sp?) is saying would be in line with that ... green card application date would be the date you show intent to reside in CA. Not sure if you could find a way around it, it just makes what Sarah and Hicham is saying make sense.

And it has to be a year from establishing intent to reside - like I had to have my FL driver's license for a year to get in state tuition.

California could view it as, before filing for the green card, she has no way to show intention of residing there. Sucky rules, but entirely possible.

[zzzonzo 0]

This is made somewhat more difficult as it seems each school in CA can make their own rules. But regarding intent, according to UC Berkeley, "Intent is evaluated as an independent element of residence, separate from physical presence, and is demonstrated by establishing residential ties in California, and relinquishing ties to the former place of residence." They measure intent separately from their other 2 criteria for resident classification, physical presense and financial independence. Specific indicia that demonstrate intent:

Establishing Intent to Become a California Resident

Relevant indicia that contribute to the demonstration of a student's intent to make California the permanent home include, but are not limited to, the following:

1. Registering to vote and voting in California elections;

2. Designating a California permanent home address on all records (e.g., school, employment, military, etc.);

3. Obtaining a California Driver License or California Identification Card;

4. Obtaining a California vehicle registration;

5. Paying California income taxes as a resident (including taxes on income earned outside California from the date California residence was established);

6. Maintaining a California residence in which personal belongings are kept;

7. Licensing for professional practice in California; and,

8. The absence of these indicia in places other than California during any period for which residence in California is asserted.

[Mike and Elisa 0]

Ok. I think my wife's situation is somewhat different. She has been present in CA for some time prior to filing AOS, with intent to reside here. I'm trying to figure out if CA Education Code 68071 (see below) means she is now eligible for resident fees. Has a bit of a catch-22 ring to it. I think it all hinges on their peculiar definition of "reside" which requires you can't be "precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States."

So, maybe the question boils down to, with EAD is she precluded from establishing domicile in the US?

68071. A student who has been entirely self-supporting and actually present in California for more than one year immediately preceding the residence determination date, with the intention of acquiring a residence therein, shall be entitled to resident classification until he or she has resided in the state the minimum time necessary to become a resident.

Then what Sarah and Hicham (sp?) is saying would be in line with that ... green card application date would be the date you show intent to reside in CA. Not sure if you could find a way around it, it just makes what Sarah and Hicham is saying make sense.

And it has to be a year from establishing intent to reside - like I had to have my FL driver's license for a year to get in state tuition.

California could view it as, before filing for the green card, she has no way to show intention of residing there. Sucky rules, but entirely possible.

I'm no legal expert, but I would interpret this differently.

I don't know if she has been self supporting, but the rest would seem to apply. She has been "actually present in California for more than one year immediately preceding the residence determination date". When she first stepped off the plane in California it was "with the intention of acquiring a residence therein". Therefore, she "shall be entitled to resident classification". I don't see anything that would imply the "intent" only begins when she applies for the green card.

Could I be wrong? It's been know to happen... It seems to me, though that she qualifies.

[Wes and Shiela 2]

68071. A student who has been entirely self-supporting and actually present in California for more than one year immediately preceding the residence determination date, with the intention of acquiring a residence therein, shall be entitled to resident classification until he or she has resided in the state the minimum time necessary to become a resident.

Then what Sarah and Hicham (sp?) is saying would be in line with that ... green card application date would be the date you show intent to reside in CA. Not sure if you could find a way around it, it just makes what Sarah and Hicham is saying make sense.

It has nothing to do with the immigration status of your wife. It has to do with how long she has been a resident of California.

My wife came into the country in May, and lives with me in my house in California. She is attending Junior college as a non-resident, because she has been in the country less than a year. The residency requirements as they pertain to schools are that she has to be a resident for one full year and one day, prior to the school term that she is applying for. So, when she applies for the Summer 2008 semester, she will be a California resident.

If your wife can prove residency/domicile for one year prior to the residence determination date of the school she is applying (which should be the same across academic institutions), then she will pay CA resident tuition rates.

Edited December 19, 2007 by Wes and Shiela

[athena_ny 1]

Ok. I think my wife's situation is somewhat different. She has been present in CA for some time prior to filing AOS, with intent to reside here. I'm trying to figure out if CA Education Code 68071 (see below) means she is now eligible for resident fees. Has a bit of a catch-22 ring to it. I think it all hinges on their peculiar definition of "reside" which requires you can't be "precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States."

So, maybe the question boils down to, with EAD is she precluded from establishing domicile in the US?

68071. A student who has been entirely self-supporting and actually present in California for more than one year immediately preceding the residence determination date, with the intention of acquiring a residence therein, shall be entitled to resident classification until he or she has resided in the state the minimum time necessary to become a resident.

Then what Sarah and Hicham (sp?) is saying would be in line with that ... green card application date would be the date you show intent to reside in CA. Not sure if you could find a way around it, it just makes what Sarah and Hicham is saying make sense.

And it has to be a year from establishing intent to reside - like I had to have my FL driver's license for a year to get in state tuition.

California could view it as, before filing for the green card, she has no way to show intention of residing there. Sucky rules, but entirely possible.

I'm no legal expert, but I would interpret this differently.

I don't know if she has been self supporting, but the rest would seem to apply. She has been "actually present in California for more than one year immediately preceding the residence determination date". When she first stepped off the plane in California it was "with the intention of acquiring a residence therein". Therefore, she "shall be entitled to resident classification". I don't see anything that would imply the "intent" only begins when she applies for the green card.

Could I be wrong? It's been know to happen... It seems to me, though that she qualifies.

It would seem to me as so, I was just saying that what Sarah and Hicham was told could make sense as another interpretation.

And we know how unfamiliar most institutions are with K visas, they may not take that as intent to establish residence. You or I would but ...

anyway, you really need to contact the university she intends to go to. They can tell you exactly what they require.

Ok. I think my wife's situation is somewhat different. She has been present in CA for some time prior to filing AOS, with intent to reside here. I'm trying to figure out if CA Education Code 68071 (see below) means she is now eligible for resident fees. Has a bit of a catch-22 ring to it. I think it all hinges on their peculiar definition of "reside" which requires you can't be "precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States."

So, maybe the question boils down to, with EAD is she precluded from establishing domicile in the US?

68071. A student who has been entirely self-supporting and actually present in California for more than one year immediately preceding the residence determination date, with the intention of acquiring a residence therein, shall be entitled to resident classification until he or she has resided in the state the minimum time necessary to become a resident.

Then what Sarah and Hicham (sp?) is saying would be in line with that ... green card application date would be the date you show intent to reside in CA. Not sure if you could find a way around it, it just makes what Sarah and Hicham is saying make sense.

And it has to be a year from establishing intent to reside - like I had to have my FL driver's license for a year to get in state tuition.

California could view it as, before filing for the green card, she has no way to show intention of residing there. Sucky rules, but entirely possible.

I'm no legal expert, but I would interpret this differently.

I don't know if she has been self supporting, but the rest would seem to apply. She has been "actually present in California for more than one year immediately preceding the residence determination date". When she first stepped off the plane in California it was "with the intention of acquiring a residence therein". Therefore, she "shall be entitled to resident classification". I don't see anything that would imply the "intent" only begins when she applies for the green card.

Could I be wrong? It's been know to happen... It seems to me, though that she qualifies.

It would seem to me as so, I was just saying that what Sarah and Hicham was told could make sense as another interpretation.

And we know how unfamiliar most institutions are with K visas, they may not take that as intent to establish residence. You or I would but ...

anyway, you really need to contact the university she intends to go to. They can tell you exactly what they require.

Wait though - she married a CA state resident. I know here, that's enough to make you qualify. Could this be the case in CA as well?

[zzzonzo 0]

Thanks for all the suggestions folks.

anyway, you really need to contact the university she intends to go to. They can tell you exactly what they require.

This is probably the best advice, but I think it best to go to them knowing as much as possible since I'll odds are the first person you talk to won't have a clue.

Wait though - she married a CA state resident. I know here, that's enough to make you qualify. Could this be the case in CA as well?

Not in CA: 68062(e) A man or woman may establish his or her residence. A woman's

residence shall not be derivative from that of her husband.

[desert_fox 32]

Call the Registrar at the school...and ask them. DUH!!!

[zzzonzo 0]

After a previous encounter with a clerk at the school who more or less said no way without a SSN and acted as though she wished she could say no Mexicans need apply, I had a much more positive response from someone else on the phone just now. She made it sound like it's probably ok simply to have applied for AOS, combined with having in fact lived here for over a year, though she also indicated it's not really her job to determine such things. So still no definite answer, but we're going back to the office tomorrow for another try.