I sent a request to be considered for in-state tuition for a local public college, here is the response I got. Need advice

[iBillz 1]

This is the original message I sent to the chancellor of the university,

Hello,

My name is iBillz. I'm currently a student at *some community college". I am very interested in transferring to MST however I am in a bit of a limbo as far as residency status is considered. I originally came to Missouri on a F1 student visa and since then I've gotten married and am now in the process of adjusting my status from F1 student to a green card holder. I've received my employment authorization document and am still waiting for an interview date before I actually get the green card.

Many states including California offer in-state tuition to students who have an employment authorization otherwise known as a pending adjustment of status application. I've been bouncing emails back and forth from the international department as well as the admissions office regarding my residency status. It does not seem like anyone has a real answer for this issue. Every department directs me to another department. I've been in Missouri for much longer than 12 months and I do have every other piece of evidence to prove this. In the latest email I got from the admissions department, Justina said that once my application for adjustment of status is pending F/J international student restrictions no longer apply. If this is the case then, should I not be considered an in-state student?

I am an aspiring computer scientist and I really want to take advantage of the affordability and great reputation of your college. Furthermore, The local USCIS office has recently slowed down their dates for the processing of adjustment of status applications so instead of the usual 6-9 months, I am now looking at 14+ months before I actually have the green card in hand. I do not want my education to take a toll because of this delay. I consider my self a great student, I have a great 3.70 GPA and I am extremely hard working. I cannot afford to pay the ~$40,000 tuition that international students are supposed to pay, and it would be a shame if I have to drop out of college for 2 whole semesters just waiting for my green card to be processed.

I humbly request that you as the chancellor of this school look into my particular case. I feel as if I am neither here nor there in terms of residency and I really do not want my education to take a back seat because of this. Please, if there is some way I could get an exception to qualify for in-state tuition based on my pending adjustment of status it would save me a year of my life and I would be eternally grateful.

Thank you very much,

iBillz

Here is what they sent me back

Thank you for your recent inquiry concerning your adjustment of status and inquiry of educational fees. I have contacted International Affairs and Registrar's office and have obtained the following information for you.

There are two types of changing status with regards to a Green Card Permanent Residency applications. An individual can file an immigration petition (I-140) which merely asks for a determination that an alien qualifies as an immigrant under a particular category and immigrant preference. For most classes of immigrants, the immigrant preference is important, as a limited number of aliens are allowed to become permanent residents each year. An Adjustment to Status application (I-485) asks to change the alien's status (who is currently residing in the U.S) to that of an immigrant (i.e. permanent resident) and cannot be filed if there are no available immigrant visas at the given time. Generally speaking, an Adjustment of Status application must be based on an approved immigration petition.

While an alien is pending an Adjustment of Status application, the non-immigrant remains in their current visa status until the application is approved. The Employment Authorization Document (EAD) allows the alien to work for any employer pursuant to his or her existing nonimmigrant status, if such status permits employment.

Although, you may have been given your EAD and filed your I-485 for an adjustment to status, you are still maintaining your current visa of an F1 student until your application has been approved or denied.

According to the Office of Registrar's you will be required to provide proof of your green card (and other documents) in order to petition for Missouri Residency and to be eligible for the in-state tuition fees. You can review the criteria and educational fee rules on the Office of the Registrar's webpage under Missouri Residency for Noncitizens of the United States.

The main requirements for petitioning for Missouri Residency are as follows:

1. Proof of Green Card

2. Missouri Driver's License or Missouri identification card (non-drivers)

3. Missouri Car Registration

4. Lease/Rental Agreements for the twelve, immediate past, consecutive months.

5. Enrollment in classes or a job verifiable by paycheck stubs, contract, or letter from employer.

6. Completed application for Petition for Missouri Resident Status

I don't think what they said is correct because once you're AOS is in process your visa no longer applies. Am I wrong or are they wrong? Can someone provide sources? Thank you

Edited July 31, 2016 by iBillz

[arken 4,197]

If that's the requirement/policy of the school, then they are correct. While few schools in some states provide in state tuition for students with pending i-485, not all school do and not sure if there is a state or federal policy that the schools are obligated to do so. Like in New York, even if one has green card, lots of schools provide in state tuition only if you have stayed in New York for minimum of 1 year otherwise one has to pay out of state tuition fee even with GC.

[Canerican 242]

When you apply for adjustment of status you are in limbo, I believe that you are no longer an F-1 student, but you are also not a permanent resident until your I-485 has been approved. Although you are no longer an F-1 or a permanent resident you are in an authorized period of stay due to your I-485 application. Here is what I found on MST's website and I will add the link:

http://registrar.mst.edu/moresidency/resident/

2. (CBHE Rule) The burden of proof of establishing eligibility for Missouri resident status shall rest with the student.
(This tells me that the school is making it a priority for you to prove to them that you are a resident)

3. (CBHE Rule) In determining residency status for the state of Missouri, either of the following shall be sufficient proof of domicile of a person and their dependents within the state of Missouri:
a. Presence within the state of Missouri for a minimum of twelve (12) immediate past, consecutive months coupled with proof of an intent to make the state of Missouri a permanent home for an indefinite period; or (They want you to have permanently made your residence in Missouri for the past 12 months, being on an F-1 visa is not permanent as at the end of the F-1, if you had not gotten married you would have had to go back to your home country and applied for another F-1 visa)

b. Presence within the state of Missouri for the purpose of retirement, full-time employment, professional practice or to conduct a business full-time. (This does not apply)

I'm sorry but you are going to have to establish one year of permanent residency before you get in state tuition.

[Boiler 45,486]

Sounds right.

[aaron2020 11,651]

You are not a resident until you get a green card.

AOS allows you to be in the US while your AOS is pending. It does not give you legal status as a resident. You keep your visa status until the green card is granted.

Once you are a green card holder, you may qualify for in-state tuition based on your spouse's residency.

[Kimmyxin 0]

I'm having the same issue here. I485 pending and lived in NY for three years. I will be eligible for in state tuition in NY but I'm looking for schools in NJ...

[Mounat 74]

You are not a resident until you get a green card.

AOS allows you to be in the US while your AOS is pending. It does not give you legal status as a resident. You keep your visa status until the green card is granted.

Once you are a green card holder, you may qualify for in-state tuition based on your spouse's residency.

There is residency in the USCIS legal sense (i.e. temporary or permanent status to reside in the US) and state residency (e.g. a resident of Texas) for tuition purposes. They do overlap but they're not one and the same thing. Even US citizens have to prove residency to pay in-state tuition. OP may be facing a case where the school requires both a legal (immigration) residency AND state residency. Not all schools have that as many across the country charge in-state tuition to undocumented immigrants (or illegal aliens if you prefer that term).

What OP should do is understand the policy of the specific school and see where his own situation fits by looking up, for example, similar cases and precedents. The school, based on their canned reply, may not know the grey area of AOS well enough. One can always explain (or understand) things better when in person. Try to visit the school and perhaps speak with someone from the registrar's office.

Good luck.

P.S. And so you don't waste time waiting, consider other schools that may not have such stringent rules and later transfer to this one when you have your green card.

Edited August 12, 2016 by Mounat

[Dave&Roza 748]

As has been mentioned above, you are talking about two different things here. You status as a LPR--i.e. GC holder--verses the ability to pay in-state tuition. Here is how the state of Kansas handles this:

How long have you lived in the state? At least one-year is required. Show a state issued DL. Show state income taxes.

Where do you parents live? If out of state, you must show you have earned enough money to support yourself and have not received any money from your parents or any other out of state sources for at least one year.

You can be a USC and a resident of the state, but still not qualify for in-state tuition. State Universities want the higher out of state tuition for as long as possible.

Dave

[Mrs.Baldwin 3]

I ran in the same thing and found out that it doesnt depend on the state. Each school can make their own policy about how they handle it. Most schools will tell you that you need to have a green card in order to pay instate tuition. I asked my college why they do that and this was their response:
"Well the thing is, it is easy to marry an american but if uscis says it is no valid marriage you might have payed for a year instate tuition but then end up with now green card and will still be an international student. An other thing is that you basically are an international student until you get your green card and we cant charge one international student different just because they might get a green card."

I think you just need to wait until you have your green card or you are lucky and find a college that will give you instate tuition before you get the green card. At my college i can at least get instate tuition once I know my green card interview date. If i find out what my date is shortly before the semester start or two weeks after semester started i can get instate tuition for that semester.

[Pitaya 2,577]

~Moved from WST-based AOS to Moving to the US and Your New Life in America Forum~

~Similar topics are often discussed at this forum~

(mod hat off)

After his POE arrival in late July 2012, my stepson had to pay out-of-state tuition until he could furnish his conditional GC and I (USC) could provide the financial aids office at the local community college with a copy of our MFJ Federal ITR showing that we were claiming him as a dependent. I also had to provide documentation that I was a resident of Washington state. If I recall correctly, I provided the financial aids office with copies of my driver's license, my voter registration card, my professional license, copy of my recent mortgage statement, my recent property tax statement, and recent vehicle registration document. We sent in the GC copy and the other documents the following February. In her reply letter, the lady at the financial aids office included a refund check, indicating that in consideration of my submitted residency documentation, my stepson was eligible for in-state tuition status the day he received his conditional GC (that had occurred two months prior).

That scenario now seems to have happened so long ago. My stepson eventually transferred to the University of Washington, where he will be starting his final quarter in CSE this autumn. He is presently in the Bay Area doing a summer internship with Tesla Motors. The lady at the community college financial aids office really helped him in quest for higher education. We were really fortunate to have found such a person.

Hang in there, be patient, hopefully good things will come your way too.

Good luck on your immigration journey.

Edited August 14, 2016 by Pitaya