Education Of Children

[Rajiv S. Khanna]

Step one, we send this letter, please comment, add or subtract

Re: Request for In-State Tuition Treatment for I-485 Pending Students

Dear *:

I am writing on behalf of our client *, and generally on behalf of our community of concerned people. We hope you will reconsider your policy of disallowing in-state tuition payment for students whose I-485 (Adjustment of Status to Permanent Resident) applications are pending. Fairness and equity impels a change in policy.

The long, arduous process of obtaining US Lawful Permanent Residence status (“Green Card”) involves several steps. The least complex of these steps is the last one: Adjustment of Status, Form I-485. By the time an applicant arrives at this step, usually, all major issues in his or her eligibility have been resolved. In a predominant majority of these cases, favorable adjudication is merely a matter of time. Unfortunately, time has become a major hurdle for these applicants’ lives and future.

The US Immigration Service (USCIS, earlier known as INS) has allowed backlogs of several years to develop in these applications. On behalf of our community, we have filed a lawsuit against these inordinate delays. This lawsuit is currently pending in the U.S. District Court for the District of Columbia (ImmigrationPortal.Com, et al. v. Tom Ridge, et al., Civil Action: 03-2606, 23 Dec. 2003). Brief information about the lawsuit is attached.

We urge you to reconsider your policy and permit students who are awaiting I-485 adjudications to pay in-state tuition rates. Many of these students will be unable to timely begin or continue their studies if your office is disinclined to grant this request. We, and concerned members of our community would welcome an opportunity to discuss these matters further if you should so choose.

Thank you for your time and attention.


Sincerely,




Rajiv S. Khanna

 

[feb6361]

Re: Step one, we send this letter, please comment, add or subtract

Dear Mr. Rajiv Khanna/Kasmit and all,

This is an excellent start...I contacted FASA (fedral aid) people so many times and they said that your son will be eligible for FASA if collage won't consider him as an international student. They told me that you are eligible as an eligible noncitizen and get the enter the student id in place of social security no.

My son even is eligible for 'hope' scholership in GA, if they won't consider him an 'international student'. They do all purposely.

In my son case, state university has consider my son 'international student' even though he is not on F OR J visa (which is a visa category of international student). Mr. Rajiv, I think you should add note about these specific categories F OR J visa only for 'international student'.

I think, we should file a lawsuite against FASA also since we are paying federal taxes.

Once again thank you so much.

Originally posted by operations
Re: Request for In-State Tuition Treatment for I-485 Pending Students

Dear *:

I am writing on behalf of our client *, and generally on behalf of our community of concerned people. We hope you will reconsider your policy of disallowing in-state tuition payment for students whose I-485 (Adjustment of Status to Permanent Resident) applications are pending. Fairness and equity impels a change in policy.

The long, arduous process of obtaining US Lawful Permanent Residence status (“Green Card”) involves several steps. The least complex of these steps is the last one: Adjustment of Status, Form I-485. By the time an applicant arrives at this step, usually, all major issues in his or her eligibility have been resolved. In a predominant majority of these cases, favorable adjudication is merely a matter of time. Unfortunately, time has become a major hurdle for these applicants’ lives and future.

The US Immigration Service (USCIS, earlier known as INS) has allowed backlogs of several years to develop in these applications. On behalf of our community, we have filed a lawsuit against these inordinate delays. This lawsuit is currently pending in the U.S. District Court for the District of Columbia (ImmigrationPortal.Com, et al. v. Tom Ridge, et al., Civil Action: 03-2606, 23 Dec. 2003). Brief information about the lawsuit is attached.

We urge you to reconsider your policy and permit students who are awaiting I-485 adjudications to pay in-state tuition rates. Many of these students will be unable to timely begin or continue their studies if your office is disinclined to grant this request. We, and concerned members of our community would welcome an opportunity to discuss these matters further if you should so choose.

Thank you for your time and attention.


Sincerely,




Rajiv S. Khanna

 

[feb6361]

Re: Step one, we send this letter, please comment, add or subtract

Dear Mr. Rajiv,

I have replied your email and added my comments into that email.
Please refer to my email and do best whatever you think for all of us.

Have a nice day!!

Originally posted by operations
Re: Request for In-State Tuition Treatment for I-485 Pending Students

Dear *:

I am writing on behalf of our client *, and generally on behalf of our community of concerned people. We hope you will reconsider your policy of disallowing in-state tuition payment for students whose I-485 (Adjustment of Status to Permanent Resident) applications are pending. Fairness and equity impels a change in policy.

The long, arduous process of obtaining US Lawful Permanent Residence status (“Green Card”) involves several steps. The least complex of these steps is the last one: Adjustment of Status, Form I-485. By the time an applicant arrives at this step, usually, all major issues in his or her eligibility have been resolved. In a predominant majority of these cases, favorable adjudication is merely a matter of time. Unfortunately, time has become a major hurdle for these applicants’ lives and future.

The US Immigration Service (USCIS, earlier known as INS) has allowed backlogs of several years to develop in these applications. On behalf of our community, we have filed a lawsuit against these inordinate delays. This lawsuit is currently pending in the U.S. District Court for the District of Columbia (ImmigrationPortal.Com, et al. v. Tom Ridge, et al., Civil Action: 03-2606, 23 Dec. 2003). Brief information about the lawsuit is attached.

We urge you to reconsider your policy and permit students who are awaiting I-485 adjudications to pay in-state tuition rates. Many of these students will be unable to timely begin or continue their studies if your office is disinclined to grant this request. We, and concerned members of our community would welcome an opportunity to discuss these matters further if you should so choose.

Thank you for your time and attention.


Sincerely,




Rajiv S. Khanna

 

[kashmir]

Re: Re: Step one, we send this letter, please comment, add or subtract

Originally posted by feb6361
Dear Mr. Rajiv Khanna/Kasmit and all,
This is an excellent start...I contacted FASA (fedral aid) people so many times and they said that your son will be eligible for FASA if collage won't consider him as an international student. They told me that you are eligible as an eligible noncitizen and get the enter the student id in place of social security no.
...

Hi, feb6361,
1) I know:
FAFSA - Free Application for Federal Student Aid
FSA Federal Student Aid - U.S. Department of Education
but don't know "FASA".
Can you tell me who exactly you contacted ?

2) FSA has the link to International Students.
it has Financial Aid Eligibilty that describes:
A student must be a citizen or eligible noncitizen to be eligible for aid from the SFA programs. The general requirement for eligible noncitizens is that they be in the U.S. for other than a temporary purpose. The specific eligible statuses are:
- A U.S. citizen or national.
- A U.S. permanent resident.
- Citizens of certain Pacific Islands (the Freely Associated States).
- Other eligible noncitizens.
Citizenship Cites
Sec. 484(a)(5), 34 CFR 668.32(d), 668.33, and subpart I of part 668.

U.S. PERMANET RESIDENTS AND OTHER ELIGIBLE NONCITIZENS (page 5)
A permanent resident is a noncitizen who is legally permitted to live and work in the United States permanently. Other eligible noncitizens included:
- Refugees.
- Persons granted asylum.
- Conditional entrants.
- Persons paroled into the U.S. indefinitely for humanitarian reasons.
- Cuban-Haitian entrants.
Some noneligible status are:
- Family unity status.
- Temporary residents.
- Individuals with nonimmigrant visas.

It also describes the detail procedure to confirm one's status with USCIS.
Form I-551 is required, and I-485 receipt notice is not enough.

Students with L2, H4, or F/J are not eligible even if one's AOS application is pending for a long time.

3) In California, UC (University of California) and CSU (California State University) consider my children as California residents
because they and I have lived for more than one year with L status.
However, they are not eligible for Federal and State Scholarship and Student Load due to the above reason.

I think Tuition and Scholarship are separate issues, at least in California.

 

[kashmir]

Re: Re: Re: Step one, we send this letter, please comment, add or subtract

Originally posted by kashmir
...
Students with L2, H4, or F/J are not eligible even if one's AOS application is pending for a long time.

3) In California, UC (University of California) and CSU (California State University) consider my children as California residents
because they and I have lived for more than one year with L status.
However, they are not eligible for Federal and State Scholarship and Student Load due to the above reason.

I think Tuition and Scholarship are separate issues, at least in California.

I paid International Student Tuition for my son's first year
because we came in the U.S. just before his entrance of university.
One year later, I submitted 1040 to University's Student Dept., then I have been paying In-State Tuition.

 

[feb6361]

Re: Re: Re: Step one, we send this letter, please comment, add or subtract

Originally posted by kashmir
Hi, feb6361,
1) I know:
FAFSA - Free Application for Federal Student Aid
FSA Federal Student Aid - U.S. Department of Education
but don't know "FASA".
Can you tell me who exactly you contacted ?

2) FSA has the link to International Students.
it has Financial Aid Eligibilty that describes:
A student must be a citizen or eligible noncitizen to be eligible for aid from the SFA programs. The general requirement for eligible noncitizens is that they be in the U.S. for other than a temporary purpose. The specific eligible statuses are:
- A U.S. citizen or national.
- A U.S. permanent resident.
- Citizens of certain Pacific Islands (the Freely Associated States).
- Other eligible noncitizens.
Citizenship Cites
Sec. 484(a)(5), 34 CFR 668.32(d), 668.33, and subpart I of part 668.

U.S. PERMANET RESIDENTS AND OTHER ELIGIBLE NONCITIZENS (page 5)
A permanent resident is a noncitizen who is legally permitted to live and work in the United States permanently. Other eligible noncitizens included:
- Refugees.
- Persons granted asylum.
- Conditional entrants.
- Persons paroled into the U.S. indefinitely for humanitarian reasons.
- Cuban-Haitian entrants.
Some noneligible status are:
- Family unity status.
- Temporary residents.
- Individuals with nonimmigrant visas.

It also describes the detail procedure to confirm one's status with USCIS.
Form I-551 is required, and I-485 receipt notice is not enough.

Students with L2, H4, or F/J are not eligible even if one's AOS application is pending for a long time.

3) In California, UC (University of California) and CSU (California State University) consider my children as California residents
because they and I have lived for more than one year with L status.
However, they are not eligible for Federal and State Scholarship and Student Load due to the above reason.

I think Tuition and Scholarship are separate issues, at least in California.

 

[feb6361]

Re: Re: Re: Step one, we send this letter, please comment, add or subtract

Kashmir,

Sorry for the dely in replying. I contacted FAFSA only not FASA (typo) on 1-800-433-3243 and they said that you are eligible for fin. aid as long as you have A# and soc. sec. no. and paying taxes. They asked me to contact school fin. aid office and asked them to allow to file application.

Originally posted by kashmir
Hi, feb6361,
1) I know:
FAFSA - Free Application for Federal Student Aid
FSA Federal Student Aid - U.S. Department of Education
but don't know "FASA".
Can you tell me who exactly you contacted ?

2) FSA has the link to International Students.
it has Financial Aid Eligibilty that describes:
A student must be a citizen or eligible noncitizen to be eligible for aid from the SFA programs. The general requirement for eligible noncitizens is that they be in the U.S. for other than a temporary purpose. The specific eligible statuses are:
- A U.S. citizen or national.
- A U.S. permanent resident.
- Citizens of certain Pacific Islands (the Freely Associated States).
- Other eligible noncitizens.
Citizenship Cites
Sec. 484(a)(5), 34 CFR 668.32(d), 668.33, and subpart I of part 668.

U.S. PERMANET RESIDENTS AND OTHER ELIGIBLE NONCITIZENS (page 5)
A permanent resident is a noncitizen who is legally permitted to live and work in the United States permanently. Other eligible noncitizens included:
- Refugees.
- Persons granted asylum.
- Conditional entrants.
- Persons paroled into the U.S. indefinitely for humanitarian reasons.
- Cuban-Haitian entrants.
Some noneligible status are:
- Family unity status.
- Temporary residents.
- Individuals with nonimmigrant visas.

It also describes the detail procedure to confirm one's status with USCIS.
Form I-551 is required, and I-485 receipt notice is not enough.

Students with L2, H4, or F/J are not eligible even if one's AOS application is pending for a long time.

3) In California, UC (University of California) and CSU (California State University) consider my children as California residents
because they and I have lived for more than one year with L status.
However, they are not eligible for Federal and State Scholarship and Student Load due to the above reason.

I think Tuition and Scholarship are separate issues, at least in California.

 

[ficapls]

I think you can pay in-state tuition in California only because someone on a H-4 sued the University of California system and won. I can't find the details on this case online, but I am sure its out there.

What is amazing is the extent politicians here are willing to bend over backward to accomodate illegal immigrants over legal immigrants. In Washington State, Gov. Locke is on record mis-representing to people that legal non-immigrants (H1, H4, L1, L2, AOS) already qualify for resident tuition.

Gov. Locke's statement

Univ. of Washington residency requirements

 

[vikram_vetal]

Here is a case for you guys. I live in Chicago and my wife is a dentist from India. According to the procedure specified by ADA, a foreign dentist needs to go to an Advanced Standing program (2-3 yrs program) to be able to practice dentistry or get license. Now,our application being stuck in the 485 stage (140 is also pending), i cannot move from this area or change jobs. So, our only school of choice is UIC. And UIC does not grant admission to foreign dentist (for the advanced standing program) until they have a green card. So, my wife cannot even apply to UIC inspite of having an excellent score in the National Dental Board exams.
so, not only you are no eligible to practice, but you have to wait for 3-4 years before you can even apply to the dental school at UIC. What an Irony? Not only that, IU (indiana univeristy) will not entertain your application either until you are a resident of the state of Indiana.
This is inspite of the fact that other schools at UIC and IU have a large population of international students.
Some other schools are in East coast or West coast. The main point here is, that I cannot change jobs either without the risk of jeopardizing our application.
The battle continues.........
vikram

 

[feb6361]

Re: Re: Re: Step one, we send this letter, please comment, add or subtract

Dear Mr. Rajiv/Kasmir,

Please read page 22 for other eligible noncitizens and page 23 under heading "Person paroled into the U.S. for atleast one year: These individuals must also provide evidance (such as having filed a valid permanent resident application) from BCIS that they are in U.S. for other than a temporary purpose and intend to become a citizen or permanent resident.

This is true in my case under EB I-485 that we are peroled into U.S for over one year and filed a valid permanent resident application.

http://ifap.ed.gov/sfahandbooks/attachments/0304Vol1Ch2.pdf

Please consider above note for our lawsuite to schools/FAFSA.

Originally posted by kashmir
Hi, feb6361,
1) I know:
FAFSA - Free Application for Federal Student Aid
FSA Federal Student Aid - U.S. Department of Education
but don't know "FASA".
Can you tell me who exactly you contacted ?

2) FSA has the link to International Students.
it has Financial Aid Eligibilty that describes:
A student must be a citizen or eligible noncitizen to be eligible for aid from the SFA programs. The general requirement for eligible noncitizens is that they be in the U.S. for other than a temporary purpose. The specific eligible statuses are:
- A U.S. citizen or national.
- A U.S. permanent resident.
- Citizens of certain Pacific Islands (the Freely Associated States).
- Other eligible noncitizens.
Citizenship Cites
Sec. 484(a)(5), 34 CFR 668.32(d), 668.33, and subpart I of part 668.

U.S. PERMANET RESIDENTS AND OTHER ELIGIBLE NONCITIZENS (page 5)
A permanent resident is a noncitizen who is legally permitted to live and work in the United States permanently. Other eligible noncitizens included:
- Refugees.
- Persons granted asylum.
- Conditional entrants.
- Persons paroled into the U.S. indefinitely for humanitarian reasons.
- Cuban-Haitian entrants.
Some noneligible status are:
- Family unity status.
- Temporary residents.
- Individuals with nonimmigrant visas.

It also describes the detail procedure to confirm one's status with USCIS.
Form I-551 is required, and I-485 receipt notice is not enough.

Students with L2, H4, or F/J are not eligible even if one's AOS application is pending for a long time.

3) In California, UC (University of California) and CSU (California State University) consider my children as California residents
because they and I have lived for more than one year with L status.
However, they are not eligible for Federal and State Scholarship and Student Load due to the above reason.

I think Tuition and Scholarship are separate issues, at least in California.

 

[feb6361]

Re: Re: Re: Re: Step one, we send this letter, please comment, add or subtract

Also please read on page 30 that haven't mention any thing about I-485:

A student with a nonimmigrant visa isn’t eligible for FSA funds
unless he or she has a Form I-94 with one of the endorsements listed earlier. Nonimmigrant visas include the F-1, F-2 or M-1 Student Visa, B-1 or B-2 Visitor Visa, J-1 or J-2 Exchange Visitors Visa, H series or L series Visa (which allow temporary employment in the U.S.), or a Gseries Visa (pertaining to international organizations). Also, someone
who has only a “Notice of Approval to Apply for Permanent Residence (I-171 or I-464)” cannot receive FSA funds.

Originally posted by feb6361
Dear Mr. Rajiv/Kasmir,

Please read page 22 for other eligible noncitizens and page 23 under heading "Person paroled into the U.S. for atleast one year: These individuals must also provide evidance (such as having filed a valid permanent resident application) from BCIS that they are in U.S. for other than a temporary purpose and intend to become a citizen or permanent resident.

This is true in my case under EB I-485 that we are peroled into U.S for over one year and filed a valid permanent resident application.

http://ifap.ed.gov/sfahandbooks/attachments/0304Vol1Ch2.pdf

Please consider above note for our lawsuite to schools/FAFSA.

 

[kashmir]

Re: Re: Re: Re: Step one, we send this letter, please comment, add or subtract

Originally posted by feb6361
Dear Mr. Rajiv/Kasmir,

Please read page 22 for other eligible noncitizens and page 23 under heading "Person paroled into the U.S. for atleast one year: These individuals must also provide evidance (such as having filed a valid permanent resident application) from BCIS that they are in U.S. for other than a temporary purpose and intend to become a citizen or permanent resident.

This is true in my case under EB I-485 that we are peroled into U.S for over one year and filed a valid permanent resident application.

http://ifap.ed.gov/sfahandbooks/attachments/0304Vol1Ch2.pdf

Please consider above note for our lawsuite to schools/FAFSA.

Hi, feb6361,
Your mentioning document is for 2003-2004, and newer than mine.
I found newly added status that you wrote, too.

However, other parts such as Documents that establish aid eligibility is not updated.
I believe I-485 receipt notice should prove our children's status.

I will contact my daughter's university again.

 

[kashmir]

Re: Re: Re: Re: Step one, we send this letter, please comment, add or subtract

Originally posted by feb6361
Kashmir,
Sorry for the dely in replying. I contacted FAFSA only not FASA (typo) on 1-800-433-3243 and they said that you are eligible for fin. aid as long as you have A# and soc. sec. no. and paying taxes. They asked me to contact school fin. aid office and asked them to allow to file application.

Hi feb6361,
Last year, my daughter applied FAFSA with her A#, her SSN, and my 1040 information,
then the university requested the document that proved her status.
She sent copy of L2 visa, I-94, and I-485 receipt notice, but she received the letter that I posted at the first page of this thread.

I hope she can get a scholarship for updated eligibility criteria that you mentioned.
Anyway, I will contact her university again, and let you know.

 

[Participant]

Re: Re: Re: Re: Re: Step one, we send this letter, please comment, add or subtract

Originally posted by kashmir
Hi feb6361,
I hope she can get a scholarship for updated eligibility criteria that you mentioned.
Anyway, I will contact her university again, and let you know.

--------------------------------------------------------------------------------
kashmir,Pl.post result after reiceiving reply from Univ.
I am in similar situation,my daughter is studying in CSU on H4,
In state tution.
Univ. earlier informed us she is not eligible for scholarship.

 

[feb6361]

Re: Re: Re: Re: Re: Step one, we send this letter, please comment, add or subtract

Kasmir,

Good luck! Also, I think Mr. Rajiv's letter/lawsuit to school will help us a lot since schools understand clearly from the lawsuit or lawsuit like letter.

Thank you!

Originally posted by kashmir
Hi feb6361,
Last year, my daughter applied FAFSA with her A#, her SSN, and my 1040 information,
then the university requested the document that proved her status.
She sent copy of L2 visa, I-94, and I-485 receipt notice, but she received the letter that I posted at the first page of this thread.

I hope she can get a scholarship for updated eligibility criteria that you mentioned.
Anyway, I will contact her university again, and let you know.

 

[kashmir]

Re: Re: Re: Re: Re: Step one, we send this letter, please comment, add or subtract

Originally posted by feb6361
Also please read on page 30 that haven't mention any thing about I-485:

A student with a nonimmigrant visa isn’t eligible for FSA funds
unless he or she has a Form I-94 with one of the endorsements listed earlier. Nonimmigrant visas include the F-1, F-2 or M-1 Student Visa, B-1 or B-2 Visitor Visa, J-1 or J-2 Exchange Visitors Visa, H series or L series Visa (which allow temporary employment in the U.S.), or a Gseries Visa (pertaining to international organizations). Also, someone
who has only a “Notice of Approval to Apply for Permanent Residence (I-171 or I-464)” cannot receive FSA funds.

Tha paragraph on page 30 describes "Documents showing noneligible statuses".
I think it doesn't mattter for EB I-485 applicants like our children.

"I-485 receipt notice" should be added to "Documents that establish aid eligibility" on page 27.

 

[kashmir]

Re: Re: Re: Re: Re: Re: Step one, we send this letter, please comment, add or subtrac

Originally posted by feb6361
Kasmir,
Good luck! Also, I think Mr. Rajiv's letter/lawsuit to school will help us a lot since schools understand clearly from the lawsuit or lawsuit like letter.
Thank you!

Thank you so much, feb6361.
Also, thanks for your advice.

 

[kashmir]

Re: Re: Re: Re: Re: Re: Step one, we send this letter, please comment, add or subtrac

Originally posted by Participant
kashmir,Pl.post result after reiceiving reply from Univ.
I am in similar situation,my daughter is studying in CSU on H4,
In state tution.
Univ. earlier informed us she is not eligible for scholarship.

Hi, Participant,
Yes, we're in similar situation.
I will let you know.

 

[kashmir]

Originally posted by vikram_vetal
Here is a case for you guys. I live in Chicago and my wife is a dentist from India. According to the procedure specified by ADA, a foreign dentist needs to go to an Advanced Standing program (2-3 yrs program) to be able to practice dentistry or get license. Now,our application being stuck in the 485 stage (140 is also pending), i cannot move from this area or change jobs. So, our only school of choice is UIC. And UIC does not grant admission to foreign dentist (for the advanced standing program) until they have a green card. So, my wife cannot even apply to UIC inspite of having an excellent score in the National Dental Board exams.
so, not only you are no eligible to practice, but you have to wait for 3-4 years before you can even apply to the dental school at UIC. What an Irony? Not only that, IU (indiana univeristy) will not entertain your application either until you are a resident of the state of Indiana.
This is inspite of the fact that other schools at UIC and IU have a large population of international students.
Some other schools are in East coast or West coast. The main point here is, that I cannot change jobs either without the risk of jeopardizing our application.
The battle continues.........
vikram

Hi, vikram_vetal,
I think your wife's case is so serious that you may want to file a lawsuit against UIC as well as feb6361's case.

 

[kashmir]

Faxed a letter to my daughter's university today 2/2/2004


February 2, 2004

(Senior Counselor's name)
Senior Counselor
Financial Aid and Scholarships
(university name)
(university address)

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

Dear (counselor's name);

I received your letter that described:
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.

However, I checked eligibility of other noncitizen category with the latest SFA Handbook for 2003-2004:
http://ifap.ed.gov/sfahandbooks/attachments/0304Vol1Ch2.pdf
and I found new category for Other Eligible Noncitizen at page 1-23:
Persons paroled into the U.S. for at least one year. These individuals must also provide evidence (such as having filed a valid permanent resident application) from the BCIS that they are in the U.S. for other than a temporary purpose and intend to become a citizen or permanent resident;

My daughter (my daughter's name)'s case exactly fits to this category. As I attached our I-485 receipt notices in my previous letter, we have filed I-485 application for our green cards to become permanent residents even though they are still pending due to USCIS processing delay.

Please confirm my daughter (my daughter's name)'s eligibility again and let us know.

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

Attachment:
1) Your Letter - 2/2/2004
2) I-485 Receipt Notices - 3/4/2002
3) SFA Handbook for 2003-2004 : page 1-19,22,23