Education Of Children

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
Let m thinks about what to do about this.

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

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

Originally posted by kashmir
Hi, Rajiv,
I have to focus a couple of other things for a while.

But if I need to do something about this issue, let me know.
Thanks,
-kashmir

No problem. Its all good.
 
Re: Thank you

Originally posted by deepak007
Kashmir,

Thank you for the response. Yes i know iam lucky to be considered for in-state tuition, however i contacted the university today and was told that my son was not eligible for FAFSA as a non-citizen. Looks like everyone is not aware of the changes. I will try again and once again thanks for the response.

Regards

Deepak


Work it out. If there are problems, I will send a letter for you folks. May be we can prepare some kind of a legal opinion that all can use. Kashmir, please write it up for me if necessary. You are the expert. :)
 
Re: Fafsa Definition of a Eligible non-citizen

Originally posted by deepak007
Rajeev,

I looked up FAFSA on the internet and as per what i understand, Per FAFSA a non-citizen is eligible for FAFSA aid however the definition of a non-citizen is also explained below.

"The student is an eligible noncitizen if he or she is one of the following:

a) U.S. permanent resident, and the student has a Permanent Resident Card (formerly known as the Alien Registration or "Green" Card)
b) Conditional permanent resident (I-551C)
c) Other eligible noncitizen with an Arrival-Departure Record (I-94) from the U.S. Immigration and Naturalization Service showing any one of the following designations: "Refugee," "Asylum Granted," "Indefinite Parole," "Humanitarian Parole," or "Cuban-Haitian Entrant."

Does this not mean that a child on dependent visa H-4 or L-2 is not eligible by virtue of not being a refugee, asylee, cuban-haotan. In case he has used AP and entered the country still the I-94 is not stamped as Indefinite or Humanitarian.

I do not know what a I-551C is , can you clarify.

Regards

Deepak

551 is green card.

It means H-4/L-2 are not included. But see Kashmir's post for the rest.

Also see this thread for what we are trying:

http://boards.immigration.com/showthread.php?s=&threadid=114165
 
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