Obtaining custody for in-state tuition?

[googler]

Hello,

 

I currently live in the US on a work visa. If I obtain court-approved custody of a relative's child from abroad, would the child be able to qualify for in-state college tuition in the state I live in?

 

Thank yoo!

[jairichi]

Will not the child be entering US and doing studies on a F1 visa? If it is, then the child is not entitled for resident student fees. And, if the child is above 18 years old can you claim legal custody of the child in US? I doubt that. On what basis you will apply for custody of a relative's child? Lot of questions like this come to my mind.

[googler]

Child is 17, and my question is indeed on what type of visa would the child enter the US (since not directly on F-1, with which would clearly not qualify for in-state tuition)? 

[JoeF]

Hello,

 

I currently live in the US on a work visa. If I obtain court-approved custody of a relative's child from abroad, would the child be able to qualify for in-state college tuition in the state I live in?

 

Thank yoo!

No.

First off, a person on F1 can never get in-state tuition.

Second, a child 18 or older is an adult. You can not obtain custody of an adult, unless the adult is unable to handle his or her affairs (in which case the adult probably wouldn't get into college to begin with.)

[JoeF]

Will not the child be entering US and doing studies on a F1 visa? If it is, then the child is not entitled for resident student fees. And, if the child is above 18 years old can you claim legal custody of the child in US? I doubt that. On what basis you will apply for custody of a relative's child? Lot of questions like this come to my mind.

It is possible to become a guardian of an adult. That's generally done if the adult isn't able to handle his or her own affairs. See, e.g., the rather public case of Britney Spears. Her father became her custodian for a while. This is known as conservatorship: https://en.wikipedia.org/wiki/Conservatorship

[t75]

It is doubtful that any relationship would be recognized. When individual is over age 18, they are adults. The child's parents need to come up with the full international student tuition so the taxpayers in your state do not subsidize him/her.

The child is certainly free to attend college in your home country.

[JoeF]

Child is 17, and my question is indeed on what type of visa would the child enter the US (since not directly on F-1, with which would clearly not qualify for in-state tuition)? 

Certainly not in any state that would result in any such benefit.

A guardian relationship does not qualify the child for any US visa. It would be questionable if you even could be a guardian since you are in a different country.

[rahul412]

No.

First off, a person on F1 can never get in-state tuition.

But I was eligible for in-state when I got scholarship.

[googler]

Thank you for all the comments.

 

Just to clarify: I am a legal resident (on a visa, not GC) in the state, hence pay taxes here. The child is 17 so I can get custody.

 

Question is: if the child comes on a F-1 visa, then I get custody, would the child be subsequently treated as a resident for tuition purposes, or not even in that case?

 

Thanks.

[jairichi]

Kindly consult an attorney

[JoeF]

But I was eligible for in-state when I got scholarship.

Which state?

I know for a fact that in California, in-state tuition is per CA law only possible if the person is allowed to establish residence in the state and has resided in CA for a year. A person on F1 can by immigration law not establish residence in the US.

[catx]

I know this is an older post, but here is some additional information on in-state tuition.  Each state has its own rules for granting in-state tuition to both U.S. citizens / permanent residents (e.g. minimum time with established residency (living) in the state, typically 1 year) and foreign students.  Regarding F-1 visa, respectfully JoeF "a person on F1 can never get in-state tuition" as a blanket statement is not true.  For example, in Texas certain students who meet a number of criteria, e.g. 3 years state residency and graduated from a Texas high school can be granted in-state tuition even with when on F-1 visa.

[rahul412]

Which state?

I know for a fact that in California, in-state tuition is per CA law only possible if the person is allowed to establish residence in the state and has resided in CA for a year. A person on F1 can by immigration law not establish residence in the US.

MD.

For some reason this thread didn't showed up on my page earlier.

[JoeF]

I know this is an older post, but here is some additional information on in-state tuition.  Each state has its own rules for granting in-state tuition to both U.S. citizens / permanent residents (e.g. minimum time with established residency (living) in the state, typically 1 year) and foreign students.  Regarding F-1 visa, respectfully JoeF "a person on F1 can never get in-state tuition" as a blanket statement is not true.  For example, in Texas certain students who meet a number of criteria, e.g. 3 years state residency and graduated from a Texas high school can be granted in-state tuition even with when on F-1 visa.

Hmm, somebody on F1 can not establish residency in the US. That's one of the hallmarks of the F1. INA 101(a)(15)(F):

"an alien having a residence in a foreign country which he has no intention of abandoning"

That's why I said what I said.

The CA rules require a person to have 1 year residency in CA to qualify for in-state tuition.

[catx]

Hmm, somebody on F1 can not establish residency in the US. That's one of the hallmarks of the F1. INA 101(a)(15)(F):

"an alien having a residence in a foreign country which he has no intention of abandoning"

That's why I said what I said.

The CA rules require a person to have 1 year residency in CA to qualify for in-state tuition.

 

JoeF, you are correct per INA. However, Texas in the example considers a person who has previously established residency in the state (e.g. on a H-4 visa), lived in the state for at least 3 years, went to and graduated from high school in the state, submits a notarized residency affidavit ... as qualifying for in-state tuition.  One of the keys is having established residency in the state before being on a F-1 visa (e.g. for the purpose of an assistantship).  Accordingly, there are quite a number of conditions, and it is not applied the same by all universities.  (Further, some Texas schools are providing in-state tuition to undocumented immigrants if they meet similar requirements and they state in their affidavit that they will file an application to become a permanent resident as soon as they are eligible.)

[JoeF]

JoeF, you are correct per INA. However, Texas in the example considers a person who has previously established residency in the state (e.g. on a H-4 visa), lived in the state for at least 3 years, went to and graduated from high school in the state, submits a notarized residency affidavit ... as qualifying for in-state tuition.  One of the keys is having established residency in the state before being on a F-1 visa (e.g. for the purpose of an assistantship).  Accordingly, there are quite a number of conditions, and it is not applied the same by all universities.  (Further, some Texas schools are providing in-state tuition to undocumented immigrants if they meet similar requirements and they state in their affidavit that they will file an application to become a permanent resident as soon as they are eligible.)

 

JoeF, you are correct per INA. However, Texas in the example considers a person who has previously established residency in the state (e.g. on a H-4 visa), lived in the state for at least 3 years, went to and graduated from high school in the state, submits a notarized residency affidavit ... as qualifying for in-state tuition.  One of the keys is having established residency in the state before being on a F-1 visa (e.g. for the purpose of an assistantship).  Accordingly, there are quite a number of conditions, and it is not applied the same by all universities.  (Further, some Texas schools are providing in-state tuition to undocumented immigrants if they meet similar requirements and they state in their affidavit that they will file an application to become a permanent resident as soon as they are eligible.)

Well, what would the "notarized residency affidavit" cover? It can't state that the person resides in the US at that point in time, because an F1 does not allow that. Nor could it state that the person wishes to establish residency here, because that's also not allowed for an F1 (the "which he has no intention of abandoning" part.)

In any case, it would be rather rare that somebody lived as a child there on H4, graduated from high school there, then goes back to the home country, and then comes back on F1.

Changing directly from H4 to F1 is risky, because the person has to show that the person has a home abroad that the person intends to return to.

[catx]

Well, what would the "notarized residency affidavit" cover? It can't state that the person resides in the US at that point in time, because an F1 does not allow that. Nor could it state that the person wishes to establish residency here, because that's also not allowed for an F1 (the "which he has no intention of abandoning" part.)

In any case, it would be rather rare that somebody lived as a child there on H4, graduated from high school there, then goes back to the home country, and then comes back on F1.

Changing directly from H4 to F1 is risky, because the person has to show that the person has a home abroad that the person intends to return to.

 

JoeF to answer your question regarding the notarized affidavit, it states that a person has graduated or will graduate from a Texas high school, has resided in Texas for 3 years leading up to high school graduation, has resided in Texas for the 1 year prior to enrollment in the college / university, and has "filed or will file to become a permanent resident at the earliest opportunity that [they are] eligible to do so". I have been told by an authoritative source that the key phrase is "eligible to do so", which has been interpreted to mean at some unspecified point in the future, and not specifically mean per a person's current immigration status (such as F-1, which of course is not eligible to do so). (This is how it allows undocumented immigrants in-state tuition). Admittedly, while certain types of visas are specifically included, such as H-4, they have left room for interpretation with respect to a F-1 visa.

 

To summarize Texas has enacted specific legislation (state Senate bill) to allow kids who grew up and attended high school in Texas in-state tuition. In-state tuition qualification does not apply to spouses on dependent visas or persons coming to Texas to attend university on a F-1 visa.

 

With respect to changing from a H-4 visa to a F-1 visa, both my kids have lived in the U.S. as a child through high school and into university on H-4 visas, and then changed to a F-1 visas (for my son it was because he was turning 21 and for my daughter it was so she could get a part time on-campus job, which has just got at the school library). In both cases we did not have any problems getting their F-1 visas at the port of entry (which we can do as Canadians). With respect to the F-1 requirements, we have a Canadian home and my kids have Canadian bank accounts, etc. In fact, they have both spent summers in Canada so they could work.

[JoeF]

JoeF to answer your question regarding the notarized affidavit, it states that a person has graduated or will graduate from a Texas high school, has resided in Texas for 3 years leading up to high school graduation, has resided in Texas for the 1 year prior to enrollment in the college / university, and has "filed or will file to become a permanent resident at the earliest opportunity that [they are] eligible to do so". I have been told by an authoritative source that the key phrase is "eligible to do so", which has been interpreted to mean at some unspecified point in the future, and not specifically mean per a person's current immigration status (such as F-1, which of course is not eligible to do so).

Signing such an affidavit would be incompatible with the F1.

So, I stand by my statement that a person on F1 can not get in-state tuition.

[catx]

Signing such an affidavit would be incompatible with the F1.

So, I stand by my statement that a person on F1 can not get in-state tuition.

JoeF I respect and completely agree with the vast majority of your posts. However, in this one instance your general statement does not hold true in practice in all cases as I have pointed out.

 

The reality is that in Texas under certain circumstances some individuals on F-1 visas can, and do, get in-state tuition. Call it a selective tuition waiver (or even a form of scholarship) if you want (such as offered as part of a graduate program), but it equates to the same thing. My kids get in-state tuition while on F-1 visas -- and this is from one of the largest and most respected public universities in the state, and the nation for that matter.

[JoeF]

JoeF I respect and completely agree with the vast majority of your posts. However, in this one instance your general statement does not hold true in practice in all cases as I have pointed out.

 

The reality is that in Texas under certain circumstances some individuals on F-1 visas can, and do, get in-state tuition. Call it a selective tuition waiver (or even a form of scholarship) if you want (such as offered as part of a graduate program), but it equates to the same thing. My kids get in-state tuition while on F-1 visas -- and this is from one of the largest and most respected public universities in the state, and the nation for that matter.

 

JoeF I respect and completely agree with the vast majority of your posts. However, in this one instance your general statement does not hold true in practice in all cases as I have pointed out.

 

The reality is that in Texas under certain circumstances some individuals on F-1 visas can, and do, get in-state tuition. Call it a selective tuition waiver (or even a form of scholarship) if you want (such as offered as part of a graduate program), but it equates to the same thing. My kids get in-state tuition while on F-1 visas -- and this is from one of the largest and most respected public universities in the state, and the nation for that matter.

The reality is that signing such an affidavit means that the person shows immigration intent.

That is NOT compatible with the F1. See the INA quote above: "an alien having a residence in a foreign country which he has no intention of abandoning."

Your kids may get into trouble with USCIS later on because of having shown immigration intent on F1.

[catx]

Fine JoeF, I agree with what you are saying per the INA.  You are always right on all things related to immigration.

 

With respect to my kids, both started university on H-4 visas and were granted in-state tuition, and it continued when they changed to F-1 visas.  Their F-1 visas were done through and in full compliance with the university international students office (e.g. I-20s) as well as in concert with highly competent legal council.  Further, my son is now in a graduate program with an in-state tuition waiver, which has nothing to do with the aforementioned affidavit.  All students in the graduate program are given in-state tuition regardless of how long they have lived in Texas (including never), where they are from, their U.S. citizenship or immigration status.  So he has no conflicts.  For my daughter, a derivative permanent residency I-485 adjustment of status application is being filed shortly (my priority date is finally current in the September Visa Bulletin) so she will be under that lawful status in a few weeks.

[JoeF]

Fine JoeF, I agree with what you are saying per the INA.  You are always right on all things related to immigration.

 

With respect to my kids, both started university on H-4 visas and were granted in-state tuition, and it continued when they changed to F-1 visas.  Their F-1 visas were done through and in full compliance with the university international students office (e.g. I-20s) as well as in concert with highly competent legal council.  Further, my son is now in a graduate program with an in-state tuition waiver, which has nothing to do with the aforementioned affidavit.  All students in the graduate program are given in-state tuition regardless of how long they have lived in Texas (including never), where they are from, their U.S. citizenship or immigration status.  So he has no conflicts.  For my daughter, a derivative permanent residency I-485 adjustment of status application is being filed shortly (my priority date is finally current in the September Visa Bulletin) so she will be under that lawful status in a few weeks.

I am of course not always right, but what one state does wrt in-state tuition (or other immigration-related things) may still conflict with federal law. And federal law trumps state law.

That, btw, is also why states trying to enforce federal immigration law is a bad idea. The state lawmakers don't have all that much knowledge about the impact of federal law.

That affidavit stuff you quoted would work for undocumented people, like DREAMers. Somebody in the state legislature probably thought it would be a good idea to apply that to foreign students in general, without giving much thought to possible conflicts with federal law, like in the case of the F1.

Oh, and things can come back to bite even decades later...