Education Of Children

K

kashmir

Registered Users (C)
The processing delay of I-485 is a serious problem to every applicant,
but it is significant to those who has a college student(s).
It is not only a financial burden but also negatively affecting our children's future lives.
Just extension of EAD and AP validity period can never solve this problem.

The deadline of FAFSA application will be coming soon.

Here is the document of eligibility about citizenship and permanent residents:
http://www.ifap.ed.gov/sfahandbooks/attachments/sech2-citizenship.pdf

I will introduce a couple of examples from ImmigrationPortal.Com.
 
feb6361

(Originally posted by feb6361 at the Complaint main thread 29th January 2004 04:36 AM)

Want to file personal lawsuite to university?

Dear Mr. Rajiv Khanna,

I would like to file a personal lawsuit to my son's state university for not considering as a 'in-state' student. They are considering him an 'International student' and charging $24,000 tuition fee.
I contacted register office and they were saying that they will consider me as a 'in-state' student not my son since I was on H1 visa and my I-485 EB case is pending over 1 year where as my son was on H4 visa they won't consider him a 'in-state' student ( I have reply email copy from registar office). By doing this for last two terms, we are blocked for any fedral/state finc. aid/loan/scholarship. Also, BCIS is scrutinizing our case more as they consider my son as a 'international student'. It might be reason for our EB I-485 cases pending over 2 years now and they transferred our case to Missouri Service center.

I would like to file a personal law suite to University for discrimination and asking for a damage like that..

Please let me know, what are my options (cost and benifit)?. Will you be my lawyer for this case?

Thank you
We are facing following hardship:
(1) We have paid total $ 24,000 tuition fee for my son as an international student ver $ 8,000 as an in-state student. Collage register is ready to consider my as an in-state student as soon as our passport gets stamp for PR. I have informed USCIS –VSC in writing about this hardship and they transferred our case to MSC next day. We are not able to get any financial aid/scholar ship even though we are paying taxes since last six years and my son is a bright student with SAT score of 1270 with GPA above 4.
(2) My son is not able to focus in study due to heavy loan burden of $24,000 and his 1st term grad also came very poor.

feb6361
 
kashmir

(Originally posted at the Complaint main thread 7th January 2004 08:08 AM)

As feb6361 described, it's very serious for children's education.
Originally posted by feb6361
...
We are facing following hardship:
(1) We have paid total $ 24,000 tuition fee for my son as an international student ver $ 8,000 as an in-state student. Collage register is ready to consider my as an in-state student as soon as our passport gets stamp for PR. I have informed USCIS –VSC in writing about this hardship and they transferred our case to MSC next day. We are not able to get any financial aid/scholar ship even though we are paying taxes since last six years and my son is a bright student with SAT score of 1270 with GPA above 4.
(2) My son is not able to focus in study due to heavy loan burden of $24,000 and his 1st term grad also came very poor.
...
Click to expand...
Fortunately for me, I pay in-state tutions for my children in California,
but still they are not eligible for federal and state financial aid even though with GPA 4 simply because we are not permanent residents.
http://ifap.ed.gov/sfahandbooks/attachments/0304Vol1Ch2.pdf

In addtion to that, if a primary I-485 applicant were to die before one's approval,
one's dependent would lose not only their legal status in the States but also education opportunity.
Actually, I might have been almost killed in a car accident.
In My Time of Dying

We definitely need to get our AOS approved while we are alive.
-kashmir
 
Vallejo

(Originally posted by Vallejo at VSC forum 18th August 2003 12:26 PM)

We have two daughters who graduated from School with 3.98 GPA and 3.99 GPA. They both took AP courses; therefore they won scholarships to study at UM. They couldn't use any of them because of the delay of our GC. We are October 01 at Nebraska. They applied for student loans and have already such debts that now they have to stop studing. Actually they GPA at UM for both is 3.95 and 3.97. They have their heart broken and us: their parents. My husband is EB1. What at first looked wonderful, to get the papers soon, became a disaster because almost all EB1 are under strict scrutiny with this new Security Check.

Well, I think this can tell how much hurt us this delay.

Thanks,
Vallejo
 
kashmir

(Originally posted at VSC forum 19th August 2003 12:16 AM)

My daughter will go to a university from this fall.
This spring, she applied a financial aid because her high school counselor encouraged her considering her high GPA.
However, it was rejected only because she was not a permanent resident.
My daughter, her counselor, and I never knew such a regulation.

The BCIS has to adjudicate our EB I-485 applications in reasonable time under the law.
According to the Immigration Service and Infrastructure Improvement Act of 2000, it is within 180 days.
I filed our I-485 applications in February 2002, and my daughter applied a financial aid one year later.
The processing delay is not our fault but the U.S. government's fault.

For illegal students, DREAM Act and Student Adjustment Act may save them.
However, the current intentionally processing delay of EB I-485 is significantly unfair to legal workers and their dependents.
I started contacting Senator and Congressman in California about this issue.
-kashmir
 
Letter from University to my daughter - 4/9/2003


DATE: 4/9/2003

TO: (my daughter's name)

FROM: (university counselor's name)

RE: Finanicial aid eligibility for 2003-04

As a foreign student on an L-2 Visa until 6/22/2005, you are not eligible for States or Federal financial aid.

You may wish to research private/alternative loan (a bochure enclosed) and/or do an internet search for aid for international students. One website you might try is www.edupass.org/finaid but there are others. You also may wish to contact our Office of Student Development and International Program at (phone number) to see if they can provide you with any information.

Good luck.
 
My Letter to Director, Financial Aid and Scholarships - 1/20/2004


January 20, 2004

(Director's name)
Director, Financial Aid and Scholarships
(University's name)
(University's address)

RE: (my daughter's name) and Green Card Processing Delay

Dear Ms. (Director's name);

My daughter (my daughter's name) is a freshman at (University's name), and her GPA is 4.0, but her application for State or Federal financial aid was rejected last year simply because we were not permanent residents.

We filed I-485 applications for our green cards in February 2002 through my employment at (my employer's name), but they have been still pending for almost two years. Due to a huge backlog, our I-485 applications would be most unlikely approved by the deadline of financial aid application this year. However, it is neither her fault nor my fault but U.S. Government's fault. Could you please take this situation into consideration so that she can get financial aid this year ?

By the way, a lot of Employment Based I-485 applicants are suffering from unreasonable processing delay. If I were to die even by a car accident, (my daughter's name) would lose her legal status immediately, so she may have to give up her education at (University name). Do you think it is fair or reasonable ? On December 22, 2003, I filed a class action lawsuit against U.S. Government as one of plaintiffs as attached. If you would endorse us for innocent hard-working tax-paying legal workers and their hard-studying dependents, we'd really appreciate it. I believe the United States of America must be the country of justice and freedom even after September 11, 2001.

Sincerely,
(my signature)
(my name)
(my address)
(my contact information)

Attachment:
1) (Counselor's name)'s letter - 4/9/2003
2) I-485 Receipt Notices - 3/4/2002
3) Complaint - 12/22/2003
 
Letter from University to me - 1/28/2004


To: (my name), parent of (my daughter's name)

Date: 1/28/04

Re: Green card processing

From: (Counselor's name), Senior Counselor

I have received your letter requesting financial aid for your child here at (University name). Per federal law, only students that are permanent residents or U.S. Citizens are eligible for federal financial aid. This includes student loans.

We can offer financial aid only to those students that are permanent students or U.S. Citizens.
 
Let m thinks about what to do about this.

Will get back with you by Wednesday, Kshmir. Otherwise, you kow where to reach me.
 
Kashmir ji

I am also walking the same lane as you are.

Initiall, in the Fall of 2003, my daughter was given an 'International' status by the U- although being in EB-AOS legally, a decision against which I appealed to the University Board of Regents for redressal.

Although they relented and agreed to her paying 'In-state tuition', they clearly mentioned that, for all other purpose, her studentship would be treated as of a non-resident. Fine !.
I understood what the message was and therefore never applied for any financial support (GPA 3.7, with AP ) thinking it was just a matter of time, before things straighten out of its own.

But then who knew Ed Aguirre would lead a department, capable in putting to shame any third world agency by its sheer inefficiency, bureaucracy coupled with his TALL figure laden totally nonsense talks.

This lawsuit irrespective of its outcome, is a welcome relief to a small group of people that are educated themselves and believe in 'education first' theory for their next generation but has neither the lobbying prowess nor anybody to shout for them at the Capitol.

My daughter was and still remains a degree seeking, FullTime, undergraduate student with 15 Credits or more.

Thank you people.

DC
 
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Re: kashmir

Originally posted by kashmir
(Originally posted at VSC forum 19th August 2003 12:16 AM)

For illegal students, DREAM Act and Student Adjustment Act may save them.
However, the current intentionally processing delay of EB I-485 is significantly unfair to legal workers and their dependents.
I started contacting Senator and Congressman in California about this issue.
-kashmir
Click to expand...

Kashmir,

Was DREAM ACT passed and is it in practice now? As I know, it gave "illegal" students benifits, while ignoring "lagal" students.

Bush new plan has same implications. Those who work here illegally can gain legal status to work. How about H4 and F2, who stay here legally and don't work by following law?

When you contact congress persons, you can properly mention the above concern. We need to attack those kinds of acts before they are born.

WittAAAA
 
> But then who knew Ed Aguirre would lead a department, capable in putting to shame any third world agency by its sheer inefficiency, bureaucracy coupled with his TALL figure laden totally nonsense talks.

Shame on Eduardo Aguirre !!
He's been repeating utterances totally missing the point.
His incompetency has been already proven by GAO report GAO-04-309R.
He must resign from Director immediately.
 
Re: Re: kashmir

Hi, wittAAAA,
I think DREAM ACT was neither passed nor enacted.

We, legal workers and our dependents, are suffering from USCIS' processing delay of EB I-485,
however, basically I support DREAM ACT and some kind of Immigration Reform for undocumented people.
-kashmir
Originally posted by wittAAAA
Kashmir,

Was DREAM ACT passed and is it in practice now? As I know, it gave "illegal" students benifits, while ignoring "lagal" students.

Bush new plan has same implications. Those who work here illegally can gain legal status to work. How about H4 and F2, who stay here legally and don't work by following law?

When you contact congress persons, you can properly mention the above concern. We need to attack those kinds of acts before they are born.

WittAAAA
Click to expand...
 
I think feb6361's case is the most serious because he/she has to pay very expensive International Student Tuition.

The cases of dipc, Vallejo, and mine (kashmir) are better because of In-State Tuition.

Anyway, our children are not eligible for Federal and State Scholarship at all just due to USCIS' processing delay of EB I-485.

Can you post more experiences ?
 
Re: Re: Re: kashmir

Originally posted by kashmir
Hi, wittAAAA,
I think DREAM ACT was neither passed nor enacted.

basically I support DREAM ACT and some kind of Immigration Reform for undocumented people.
-kashmir
Click to expand...

Same here, when I say attack, I mean not let "legal" ones being ignored.
 
No Sen/cgrsmn ever tabled legislation?

Has no senator or congressman ever been prepared to table legislation to at least get consistent application of in-state tuition? I know some statue universities do, whilst others (Penn State told us no for example) decline to even provide in-state tuition for those of us employed and contributing state taxes.

We pay federal and state taxes, federal and state Social Security and Medicare and yet are denied access to the facilities that these taxes go towards paying.

"No taxation without representation" sound familar to anyone??

Those of us with teenage kids really are soundly disadvantaged. Wish that someone in the house would pay attention to a realtively simple change to let us gain parity with our fellow tax payers.

Oh well dream on.
 
I think in-state tuition is a state subject. Every state sets its own rules and therefore you will have to challenge (sue) every state separately.

I believe there are precedents now in California, Texas and New York to providing in-state tuitions to people on H4 and L2.

Charging non-resident tuition is a convienient way for colleges to earn some easy money. In an email I exchanged with the Univ. of Washington, the course advisor claimed that 40% of the students in his class are on H1s and paying non-resident tuition.
 
I think you are right

Originally posted by ficapls
I think in-state tuition is a state subject. Every state sets its own rules and therefore you will have to challenge (sue) every state separately.

I believe there are precedents now in California, Texas and New York to providing in-state tuitions to people on H4 and L2.

Charging non-resident tuition is a convienient way for colleges to earn some easy money. In an email I exchanged with the Univ. of Washington, the course advisor claimed that 40% of the students in his class are on H1s and paying non-resident tuition.
Click to expand...

The interpretation varies from state to state and even from college to college. If a bunch of people want to get together, we can look into the law and see if a class action is warranted based upon Federal grants and law. I doubt very much that it would be.

I will brief Kashmir when he calls me on what I am planning to do right now.
 
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