College Funding-I 485 pending EB3 PD 09/22/2003

[cusp60]

I face a predicament yet again while we wait for our I 485 gets approved. My Child is now ready for college and her application for in state tuition got denied. Never thought this will happen to me even after a 11 year wait. To add salt to injury my PD became current couple of months back-so I thought and it retrogressed back to 1st Sept 2003. Not sure if it will go back and cross my PD before the college tuition bill arrives sometime around June/July 2014-although it did come back again to 15th Sept. however cannot be sure that we may have approval before my kids steps in the college in Aug.

 

I don't know how many AOS applicants, who are parents of grown up children face this kind of situation. But if there is anyone in the forum who can guide me to any endowments that grant scholarships to non-citizens. My Child is a honor student all through.  I never looked at this option since in-tuition/Fafsa would have been in my budget but to face a enormous out of state Tuition bill/with no Fafsa will severely affect my family finances.   

 

any guidance in this matter will be of great help.  

 

Parent in distress!!

[JoeF]

In a number of states a person on H4 or with a pending I-485 can get in-state tuition just fine. I know that for sure for California, where I am.

Care to tell us which state this is? Check the state laws about in-state tuition.

[t75]

Financing for college is a problem for even USCs.  A cheap US college education was never guaranteed for anyone.

 

Look at your local community colleges and state schools which may have special programs for all graduates of local high schools regardless of the student's immigration status.

 

Your child could also take a "gap year" and study, volunteer or  work in another country until eligible for in-state tuition if you are unwilling to pay the international student fees.

[catx]

My children attended university, starting on a H-4 visa, while I was waiting for my priority date to become current (even before we could file an I-485 adjustment of status application), and because of their time living in the state, graduating from high school in the state, they were eligible and received in-state tuition.  The most important point to note is that the in-state tuition rules are per state, and vary from state to state.

 

As for financial aid, federal assistance is only available for citizens and permanent residents.  (It is not available while an I-485 adjustment of status application is in process / pending.)  Some states have limited financial aid, scholarships, etc. for legal aliens through the university / college -- but it is usually not much, if any.  Your only option is to check with the university / college financial aid office.

 

Other than federal financial aid, the rules for tuition, assistance, etc. are per state and vary.

[mnm0710]

My lovely story was in Arizona.

 

I started at Arizona State back in 2007 as a freshman.  The Residency office asked for my immigration papers (at the time i was in H4 and been in Arizona for 3 years with my parents).  After loooking over them they gave me in-state tuition as well as the scholarships awarded to those who exceed Arizona's standardized test back then which covered tuition completely. 

 

Then summer between freshman and sophoore year I get a bill for $35K due in a week.  When I called they said that I somehow slipped through the cracks and according to state law H4's are not eligible for in state tuition.  So they were charging me back pay for freshman year plus the next semester's.  Well I got them to give up the back pay but had to pay out of state moving forward.  Then I switched to F1 because of age and that's deinfitely not eligible for instate

 

Pretty sure nothing has changed in Arizona

[Belle]

My lovely story was in Arizona.

 

I started at Arizona State back in 2007 as a freshman.  The Residency office asked for my immigration papers (at the time i was in H4 and been in Arizona for 3 years with my parents).  After loooking over them they gave me in-state tuition as well as the scholarships awarded to those who exceed Arizona's standardized test back then which covered tuition completely. 

 

Then summer between freshman and sophoore year I get a bill for $35K due in a week.  When I called they said that I somehow slipped through the cracks and according to state law H4's are not eligible for in state tuition.  So they were charging me back pay for freshman year plus the next semester's.  Well I got them to give up the back pay but had to pay out of state moving forward.  Then I switched to F1 because of age and that's deinfitely not eligible for instate

 

Pretty sure nothing has changed in Arizona

WOW. That sucks. A school like Arizona State should have enough scholarships to cover lots of people.

[JoeF]

WOW. That sucks. A school like Arizona State should have enough scholarships to cover lots of people.

Well, public schools have to follow the state law.

A quick look at the AZ state law doesn't say anything about people on H4 not being able to get in-state tuition: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/15/01803.htm&Title=15&DocType=ARS

Of course, the language there is pretty bad, like, what is the definition of "legal resident" in that section?

There probably is some other section of the state law that has that definition...

[t75]

There is never enough money and it should go to state residents first.  International students are never guaranteed anything much less scholarships. How many foreign countries give free tuition or scholarships to USCs?

[mnm0710]

This is what Arizona State sent to me when I created a hellstorm when it happened.  Again like JoeF said could be an interpretation but what could I have done. 

 

 

https://students.asu.edu/sites/default/files/visa_types_and_residency_eligibility.pdf

 

 

Sure, was I an "international" student since, on H4 you're temporarily here...yes I was.  But I also graduated high school, did the Arizona standardized tests and my parents were paying Resident Taxes while my mom works for a state high school. That's where I had the problem, but regulations are regulations I guess.

 

I think it should be if you're a Resident for Tax purposes then you should be a Resident for Tuition purposes, but that's just my opinion.  Money means everything obviously.  

[JoeF]

There's probably not much you could have done, other than filing a lawsuit, which of course would have cost a lot of money with an uncertain outcome.

[cusp60]

Sorry I did not mention my state of residence.  I am a resident of the Great State of New Jersey! Where illegal immigrants (dream act) gets in state but legal ones are looked the other way. Under dream act only un-documented studies are eligible for in state tuition. I just don't see the rationale of this selective exemption. Beats all sensibilities when even people like us on I485 who stayed in the state for over a decade. Just like any other local resident paying taxes, buying houses and employing people.

 

What is was looking from forum members is if anyone is familiar with any resources/endowments for people like us. Even ethnic based...for instance I am from India. thanks in advance.

[cusp60]

New Jersey where they follow Dream act

[cusp60]

In continuation of my previous post here is the specific pre-condition:

Quote:

REQUIREMENTS OF THE DREAM ACT: 

 

 

• I have attended a New Jersey high school for at least three years
• I have received or will receive a high school diploma from a New Jersey high school, or have attained an equivalent, such as a High School Equivalency issued by the State of New Jersey (GED)
• I am NOT a non-immigrant alien holding a currently valid visa. (Federal law defines a non-immigrant
• as a person admitted temporarily to the United States with any of the following visas: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, TN, TD, ,V, TROV, NATO, or other non-immigrant visas)
• AFFIDAVIT:
• I, the undersigned, hereby state that I am a non-citizen without lawful immigration documents; and I have filed an application for legalized immigration status or will file an application as soon as I am eligible to do so.
• Unquote
   

My question to the able forum members is AOS case can be considered differently than a H1/H4 non-immigrant visa. Although I got the EB3 through H1 a decade ago. I have an EAD now.

 

Any guidance/opinion will be of great help.

[JoeF]

Look up state law, instead of ranting about the Dream Act.

Anti-immigrant sentiment doesn't help you.

[t75]

As a highly paid worker, your child will not get much financial aid. It is very skewed to families earning less than $50K or so a year.