PRIMA FACIE ESTABLISHMENT

[iamhopeful 0]

Hello everyone. I am a self petitioner under the VAWA Act and I have so far received the I-797 Establishment of Prima Facie Case which expires December 25, 2011. I applied for the FAFSA to be able to go back to school and it was approved however, my school insist that they have to charge me out of state rate (international student rates) rather than in-state or in-county rates. Should I be charged the out of state rate or normal rates with the prima facie? What's my residency status as far as paying tuition/fees with the pending I-360 petition?

The college claim that since the I-360 is still pending and no guarantee for approval per form I-797, they consider me ineligible for residency. I feel that they are not aware of vawa proceedings. Somebody please help me out. Thank u

[VAWA 1]

Anyone has the answer?

I have the same question as well

[TBoneTX 45,910]

*** Thread moved from AOS/Family-Based main forum to Effects of Major Changes forum. ***

[VAWA 1]

Ok

[sjr09 155]

Hello everyone. I am a self petitioner under the VAWA Act and I have so far received the I-797 Establishment of Prima Facie Case which expires December 25, 2011. I applied for the FAFSA to be able to go back to school and it was approved however, my school insist that they have to charge me out of state rate (international student rates) rather than in-state or in-county rates. Should I be charged the out of state rate or normal rates with the prima facie? What's my residency status as far as paying tuition/fees with the pending I-360 petition?

The college claim that since the I-360 is still pending and no guarantee for approval per form I-797, they consider me ineligible for residency. I feel that they are not aware of vawa proceedings. Somebody please help me out. Thank u

Prima facie A fact presumed to be true unless it is disproved.

For most civil claims, a plaintiff must present a prima facie case to avoid dismissal of the case or an unfavorable directed verdict. The school is wavering on the side your case is unproven, and your residency status is in question. Your best bet is contact a immagaration attorney and ask.

[Sandra G. 5,057]

iamhopeful print it out and give to them.

http://ifap.ed.gov/dpcletters/GEN1007.html

[VAWA 1]

Sandranj,

thanks for this useful link.

her question is " Should I be charged the out of state rate or normal rates with the prima facie?"

It would be so much more helpful if you can answer this.

thanks in advance Sandranj.

As far as I know, for resident rate is 1200$/ quarter and for out of state rate is 3000$/ quarter.

We can't afford the out of state rate.

Edited October 22, 2012 by VAWA

[Sandra G. 5,057]

Vawa you should not be charged " out of state rate" (international student rates) ok. Check in your application the box "eligible non-citizen' . Self petitioner are are considered "qualified immigrants"(INA 101(a)(51).

[VAWA 1]

Thanks Sandranj,

I got an emailed from the dean of my school.

She said that " am sorry to hear the very sad situation. The Prima Facie on its own only reveals the status of your case it cannot be used for reclassification of your tuition status. All the best to you"

P.S: I'm currently holding F1 student visa

Edited October 23, 2012 by VAWA

[Sandra G. 5,057]

vawa email Carney McCullough (Senior Policy Analyst and Team Leader-U.S. Department of Education) at carney.mccullough@ed.gov and ask him regarding prima facie and fafsa. He uses to answer all emails about Fafsa and prima facie , but he takes a while to answer tho,sometimes 20 days. Do not forget to tell him that you have a vawa case pending and a prima facie issued ok.

Edited October 24, 2012 by sandranj

[VAWA 1]

Thanks a million Sandranj