marlon2006
Registered Users (C)
If you are living in the US, I-485 AOS pending, I-140 approved, on EAD:
Is it considered "resident alien" ?
Is it considered "resident alien" ?
Urgent question:I-485 AOS is it "resident alien" ?
- Thread starter marlon2006
- Start date
garam.chadi
Registered Users (C)
marlon2006 said:
Depends where U are using it .
Immigration purpose - U are NOT an resident alien.
Apply for home loan - Yes U are an resident alien.
Apply for credit card - Yes U are.
Apply for Retirement Account -- Yes U are .
[when I was doing H1b -- when applying for mortgage -- I had to tick the "resident Alien" check box. The bank officer told me ... in finiancial terms I am an "resident Alien"........or was he just trying to sell me that loan
The same thing happened when I was opening an ROTH IRA account .. had to check the checkbox ... wonder what would have happened if I had not checked it .
]
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marlon2006
Registered Users (C)
Ah ! Thanks.
I had researched the definition and I found out that for tax purposes I was a 'resident alien'. The purpose is for a home loan. Confusing !
I had researched the definition and I found out that for tax purposes I was a 'resident alien'. The purpose is for a home loan. Confusing !
garam.chadi said:Depends where U are using it .
Immigration purpose - U are NOT an resident alien.
Apply for home loan - Yes U are an resident alien.
Apply for credit card - Yes U are.
Apply for Retirement Account -- Yes U are .
[when I was doing H1b -- when applying for mortgage -- I had to tick the "resident Alien" check box. The bank officer told me ... in finiancial terms I am an "resident Alien"........or was he just trying to sell me that loan
The same thing happened when I was opening an ROTH IRA account .. had to check the checkbox ... wonder what would have happened if I had not checked it .
]
Very important question. Similar situation with me. My son's I485 is pending as a derivative benificiary. He has EAD. WE are resident of MD state per tax purpose.
Now he got undergrad offer from three Universities of Maryland. Two Universities has offered him with in-state tuition fee but one University of MD (Where he want to go) has offered him with out-state tuition fee (Double than in-state) as he do not have Permenent Resident of the USA. They do not understand I 485 pending status. We appealed the decision. He may have also problem for financial aid due to I 485 pending
I 485 status is really confusing status. I think, we should brought this matter to law makers.
If some one has similar kind of experience due to I 485 pending, please post here.
Now he got undergrad offer from three Universities of Maryland. Two Universities has offered him with in-state tuition fee but one University of MD (Where he want to go) has offered him with out-state tuition fee (Double than in-state) as he do not have Permenent Resident of the USA. They do not understand I 485 pending status. We appealed the decision. He may have also problem for financial aid due to I 485 pending
I 485 status is really confusing status. I think, we should brought this matter to law makers.
If some one has similar kind of experience due to I 485 pending, please post here.
marlon2006 said:
GaramChai2go
Registered Users (C)
My question - Can we form S-corp
instead of C-corp?
instead of C-corp?
Residency
Guys and Gals
Residency for TAX purposes is an ELECTION you make - the US Tax laws offers non-citizens to decide whether they want to be taxed as non-residents or residents.
Having said that and one has elected to be a resident for TAX purposes, I think, the colleges are incorrect in not granting residency in-state tuition fees - your tax documents should indicate quite fairly you have been paying taxes as a resident. Also, as long as you are not considered an "international" student requiring a visa, I think the universities are incorrect in their intepretation.
Pending I-485 means you are waiting to become a LPR - legal permanent resident of USA - you can choose anywhere to live within USA. Also, your status is legal alien waiting adjustment of status.
Consult a lawyer , especially if you are checking this for some important work.
Regards
GCStrat
Guys and Gals
Residency for TAX purposes is an ELECTION you make - the US Tax laws offers non-citizens to decide whether they want to be taxed as non-residents or residents.
Having said that and one has elected to be a resident for TAX purposes, I think, the colleges are incorrect in not granting residency in-state tuition fees - your tax documents should indicate quite fairly you have been paying taxes as a resident. Also, as long as you are not considered an "international" student requiring a visa, I think the universities are incorrect in their intepretation.
Pending I-485 means you are waiting to become a LPR - legal permanent resident of USA - you can choose anywhere to live within USA. Also, your status is legal alien waiting adjustment of status.
Consult a lawyer , especially if you are checking this for some important work.
Regards
GCStrat
texancanadian
Registered Users (C)
Kodalmd
You forget to mention your son's age and what status he is currently on. Does he have an H4 or does he just have I485 pending and filed ?
Most states provide in state tuition to those on H4 or those with I485 pending. Howwever you will need to worry about Age out. If over 21 and still on H4 then your son will need to get his own F1 visa and that will always be out of state. Same think with 485 if he ages out then he will have to go on F1.
I would suggest you contact the "State Education Agency". They should have a list of acceptabl;e visas for instate. Everyt state has a "Education or Higher Education" agency which deals with these matters.
You forget to mention your son's age and what status he is currently on. Does he have an H4 or does he just have I485 pending and filed ?
Most states provide in state tuition to those on H4 or those with I485 pending. Howwever you will need to worry about Age out. If over 21 and still on H4 then your son will need to get his own F1 visa and that will always be out of state. Same think with 485 if he ages out then he will have to go on F1.
I would suggest you contact the "State Education Agency". They should have a list of acceptabl;e visas for instate. Everyt state has a "Education or Higher Education" agency which deals with these matters.
Thanks Texancanadian,
My son was on TD visa and since Sept 2005, he is on I 485 pending/EAD. He is 17 year old so no question of age out. I appealed to UMBC that we are fulfilling all the nine criteria suggested by Board of Regents' for status of tuition fee. We are paying Federal and MD state tax as a resident.
Thanks.
My son was on TD visa and since Sept 2005, he is on I 485 pending/EAD. He is 17 year old so no question of age out. I appealed to UMBC that we are fulfilling all the nine criteria suggested by Board of Regents' for status of tuition fee. We are paying Federal and MD state tax as a resident.
Thanks.
texancanadian said:
marlon2006
Registered Users (C)
Regarding to tuition, I called many departments of the University of Washington and they keep saying that no matter what, I will pay out of state tuition rate. The only way out is if I get the greencard. They didn't care whether my I-485 is pending or not.
texancanadian said:
Send them a legal letter instead of calling
Dear marlon2006
Send them a legal letter i.e. letter written by a reputed lawyer, asking them for the BASIS of their decision.
Calling them is no use. Sending them a legal letter makes them talk to their lawyer and also see "reason".
Regards
GCStrat
Dear marlon2006
Send them a legal letter i.e. letter written by a reputed lawyer, asking them for the BASIS of their decision.
Calling them is no use. Sending them a legal letter makes them talk to their lawyer and also see "reason".
Regards
GCStrat
Marlon,
Please read this link
http://www.testudo.umd.edu/rco/faq.html
I am also pasting one QA from this link regarding in-state classification for non-immigrants
Q: Is it true some international students have In-State status?
No. "International students" or "foreign students", meaning citizens of another country wishing to enter the United States for the purpose of attending a university, may legally do so only with a visa. There are many types of visas. International students almost uniformly hold either an "F" or a "J" visa. These do not permit an international student to remain permanently in this country; they must leave when their enrollment ends. They sign a statement to the effect they will do so. However, among the 9 criteria that must be satisfied by a student desiring "In State" status is the "... legal ability under Federal and Maryland law to live permanently without interruption in Maryland." International students do not have this legal ability. Also, virtually all international students are residing in the State of Maryland primarily to attend an educational institution.
"International students" are not to be confused with the broader class of students who simply are not citizens of the United States. The University enrolls many resident (or "immigrant") aliens. Many have lived in the United States for a considerable period of time. They, like citizens, have the legal ability to live permanently without interruption in Maryland. They may be eligible for In-State status.
[SIZE=2]The University also enrolls many non-resident (or "non-immigrant") aliens. Non-resident aliens living in the United States must hold visas. They have been admitted for many different and specialized purposes. Some types of visas are as restrictive as the "F" and "J" visas, but others are not. Depending on the type of visa, a student from a foreign country may well be eligible for In-State status. The Attorney General of Maryland has made a determination for each visa type. This information is available in the Campus Classification Office.
[/SIZE]
Please read this link
http://www.testudo.umd.edu/rco/faq.html
I am also pasting one QA from this link regarding in-state classification for non-immigrants
Q: Is it true some international students have In-State status?
No. "International students" or "foreign students", meaning citizens of another country wishing to enter the United States for the purpose of attending a university, may legally do so only with a visa. There are many types of visas. International students almost uniformly hold either an "F" or a "J" visa. These do not permit an international student to remain permanently in this country; they must leave when their enrollment ends. They sign a statement to the effect they will do so. However, among the 9 criteria that must be satisfied by a student desiring "In State" status is the "... legal ability under Federal and Maryland law to live permanently without interruption in Maryland." International students do not have this legal ability. Also, virtually all international students are residing in the State of Maryland primarily to attend an educational institution.
"International students" are not to be confused with the broader class of students who simply are not citizens of the United States. The University enrolls many resident (or "immigrant") aliens. Many have lived in the United States for a considerable period of time. They, like citizens, have the legal ability to live permanently without interruption in Maryland. They may be eligible for In-State status.
[SIZE=2]The University also enrolls many non-resident (or "non-immigrant") aliens. Non-resident aliens living in the United States must hold visas. They have been admitted for many different and specialized purposes. Some types of visas are as restrictive as the "F" and "J" visas, but others are not. Depending on the type of visa, a student from a foreign country may well be eligible for In-State status. The Attorney General of Maryland has made a determination for each visa type. This information is available in the Campus Classification Office.
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marlon2006 said:
marlon2006
Registered Users (C)
Last year I got so irate on this issue that I sent a letter to Sen. Cantwell about this situation in which the State University refused to let me pay in state tuitions:then she contacted the Pres. of the University and HE CONFIRMED in a letter that NO, for the university you are considered for in state tuition only if you are a citizen or have the greencard. The bottom line is that I missed precious scholarships available to permanent residents as well. I recall at the University of Washington website they list "if you are not a US citizen or US permanent resident, then you are an international student.".
Now some states want to adopt in state tuition for illegal aliens. The whole thing is simply sad.
Now some states want to adopt in state tuition for illegal aliens. The whole thing is simply sad.
gcstrat said:Dear marlon2006
Send them a legal letter i.e. letter written by a reputed lawyer, asking them for the BASIS of their decision.
Calling them is no use. Sending them a legal letter makes them talk to their lawyer and also see "reason".
Regards
GCStrat
marlon2006
Registered Users (C)
Hmmm... now I see this information at the university website:
1. INTERNATIONAL APPLICANTS
An international applicant:
- is NOT a U.S. citizen, Permanent Resident or Immigrant
- WILL require ANY type of visa to enter the U.S.
If you are on I-485 AOS, are you considered an "immigrant" ?
Obviously you are not a US Citizen or Permanent Resident yet.
What's the definition of "Immigrant" then ?
1. INTERNATIONAL APPLICANTS
An international applicant:
- is NOT a U.S. citizen, Permanent Resident or Immigrant
- WILL require ANY type of visa to enter the U.S.
If you are on I-485 AOS, are you considered an "immigrant" ?
Obviously you are not a US Citizen or Permanent Resident yet.
What's the definition of "Immigrant" then ?
marlon2006 said:
marlon2006
Registered Users (C)
I am sure that the state university here DOES NOT consider you to be eligible for in state UNTIL you have an approved I-485.
"Eligible non-citizens:
Permanent U.S. Residents: If you have final approval of your Permanent Resident immigrant status, you may apply for Washington State residency if your application for adjustment to Permanent Resident status was filed at least 12 months prior to the beginning of the quarter for which you are requesting to be classified a Washington resident, and if you meet the requirements listed under Establishing a bona fide domicile (with the exception of registering to vote)."
At least t seems that folks on AOS are already eligible for FAFSA aid ? Well, that would be something that may help.
"Eligible non-citizens:
Permanent U.S. Residents: If you have final approval of your Permanent Resident immigrant status, you may apply for Washington State residency if your application for adjustment to Permanent Resident status was filed at least 12 months prior to the beginning of the quarter for which you are requesting to be classified a Washington resident, and if you meet the requirements listed under Establishing a bona fide domicile (with the exception of registering to vote)."
At least t seems that folks on AOS are already eligible for FAFSA aid ? Well, that would be something that may help.
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