F1, AOS, and In-State/Out-of-State Tuition

[snivvel 0]

Hi,

I wondered whether one's "immigration status" changes immediately to AOS-Pending (or something like that) as soon as you file for AOS, or if you stay on your previous status until it is adjusted.

The reason I am asking is that in California, to pay in-state tuition, one must have been in California continuously for at least 1 year and 1 day with the intent to make California their home. Any time spent on a non-immigrant visa, such as an F-1 visa, is not eligible, even if you stayed here for 10 years. You can only count time when you were in a status that allows for immigration.

Now, if your official status changes to AOS-Pending (again, I don't know if there's an official/better term for it) right after you file, then as I see it, you'd count from the NOA1 Receipt Date, and not the date from when you acquire LPR status, which would be better (because it's much earlier).

Has anyone an idea or an experience with this? I understand that one could just call the school but their immigration people are often not too well informed, and nothing beats the experience other people had

Thanks!

Edited March 5, 2010 by snivvel

[alex and astrid 38]

Hi,

I wondered whether one's "immigration status" changes immediately to AOS-Pending (or something like that) as soon as you file for AOS, or if you stay on your previous status until it is adjusted.

The reason I am asking is that in California, to pay in-state tuition, one must have been in California continuously for at least 1 year and 1 day with the intent to make California their home. Any time spent on a non-immigrant visa, such as an F-1 visa, is not eligible, even if you stayed here for 10 years. You can only count time when you were in a status that allows for immigration.

Now, if your official status changes to AOS-Pending (again, I don't know if there's an official/better term for it) right after you file, then as I see it, you'd count from the NOA1 Receipt Date, and not the date from when you acquire LPR status, which would be better (because it's much earlier).

Has anyone an idea or an experience with this? I understand that one could just call the school but their immigration people are often not too well informed, and nothing beats the experience other people had

Thanks!

I used to work at a California Community College while I was on a F1 visa, and it's my understanding that the one year, one day count begins with the day you enter the US. This is because you are technically immigrating, or at least, thats what my old school said!