Pending I-485 for dependent student & university fee

S

shivab

Registered Users (C)
Gurus

I have following question:

My PD is Dec-2003 in EB2 category, which is now retrogressed to Jan 2000. Applied for I-485 for myself, daughter and wife in June 2007. RD is July 13 2007. Got AP and EAD approved for entire family in October 2007.

My daughter is applying for colleges in TX for fall 2008.

My question is pending my daughter's AOS or approval of I-485 would she be considered as international student? or In-State student?

One of the university considered her to be international student. Is there a any directive that lets pending I-485 applicants to be considered as state students to get the benefit of fee concessions etc.?

Appreciate your response and Thanks in advance.

My Regards to all
Shiva
:confused::confused::confused:
 
shivab said:
Gurus

I have following question:

My PD is Dec-2003 in EB2 category, which is now retrogressed to Jan 2000. Applied for I-485 for myself, daughter and wife in June 2007. RD is July 13 2007. Got AP and EAD approved for entire family in October 2007.

My daughter is applying for colleges in TX for fall 2008.

My question is pending my daughter's AOS or approval of I-485 would she be considered as international student? or In-State student?

One of the university considered her to be international student. Is there a any directive that lets pending I-485 applicants to be considered as state students to get the benefit of fee concessions etc.?

Appreciate your response and Thanks in advance.

My Regards to all
Shiva
:confused::confused::confused:
Click to expand...

This depends on the university and the state. To the best of my knowledge, no strict role or law determine that before getting GC. Friend of mine, The university even refuse the EAD of his son as an enough document to register him and insist that he should have valid visa like H4 despite his extensive trials to prove that the EAD is a legal document to work or study with. Check with the university or college to see their criteria for instate vs out of state.
 
UT Dallas considers the following for in-state tuition fee:
A student who has applied for adjustment of status to permanent residency (must have received a notice of action for the Permanent Resident application that the application is approved and has not been rejected)
High school graduation in Texas after 36 months of residence in the state
Please see the following link: http://utd.edu/residency/faq.html
 
It totally depend upon State law for college tuition fees. I did lot of research last year and found that most of states acknowledge I 485 pending status for in-state tuition as long as you fulfill all other conditions. The only problem is people don't understand I 485 pending status. There are negligible cases of I 485 for family based (most cases have CP). Employment based is very small category and for India, China, and Phili have I 485 pending status more than 6 months. The person deciding tuition fees do not have past experience for I 485 pending status hence they classify it as out-state.
My son got admission in three state Universities of Maryland and they all classified him as out-state. Maryland has not clear language for tuition fees law but Verginia, NY, FL etc States have clear language for I 485 pending status. We provided these references and eventually he got in-state tuition.

I would go same way for your case. Study TX State law for Tuition. If they do not have clear language for I 485 pending state, give references of other states. I am sure you will get it. Good luck.



shivab said:
Gurus

I have following question:

My PD is Dec-2003 in EB2 category, which is now retrogressed to Jan 2000. Applied for I-485 for myself, daughter and wife in June 2007. RD is July 13 2007. Got AP and EAD approved for entire family in October 2007.

My daughter is applying for colleges in TX for fall 2008.

My question is pending my daughter's AOS or approval of I-485 would she be considered as international student? or In-State student?

One of the university considered her to be international student. Is there a any directive that lets pending I-485 applicants to be considered as state students to get the benefit of fee concessions etc.?

Appreciate your response and Thanks in advance.

My Regards to all
Shiva
:confused::confused::confused:
Click to expand...
 
Dear khodalmd, Dallas03096 and mmed

Thanks you very much. Appreciate your quick response.

I will dig into TX state laws regarding admissions of derivative I-485 students and if it is not clear, I will try to convince them quoting examples of other states like you mentioned FL, Virginia, NY.

Thanks once again.

My Regards
Shiva
 
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