Urgent question:I-485 AOS is it "resident alien" ?

khodalmd

Registered Users (C)
It vary from state to state and University to University.

My son also lost $10,000 scholarship due to not having GC !!

This is valid point of hardship due to retrogression to include in our agenda.
 
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khodalmd

Registered Users (C)
Marlon,

Do you mean that person on AOS is elligible for FAFSA aid?

Thanks




QUOTE=marlon2006]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.[/QUOTE]
 

marlon2006

Registered Users (C)
From my research so far, it seems it is the case. That should be a very good benefit to us. I found other threads that affirmed that was the case.

The FAFSA documentation states that in order to receive aid you must be a citizen or eligible non citizen. Now this is the definition of "eligible non citizen". In my case I am under advanced parole:


(...)
Eligible Noncitizen You must be one of the following to receive federal student aid:
U.S. citizen

U.S. national (includes natives of American Samoa or Swain’s Island)

U.S. permanent resident who has an I-151, I-551, or I-551C (Alien Registration Receipt Card)
If you’re not in one of these categories, you must be an eligible noncitizen, and you must have an Arrival-Departure Record (I-94) from U.S. Citizenship and Immigration Services (USCIS) showing one of the following designations:
“Refugee”

“Asylum Granted”

“Cuban-Haitian Entrant, Status Pending”

“Conditional Entrant” (valid only if issued before April 1, 1980)

"Parollee" (You must be paroled into the United States for at least one year, and you must be able to provide evidence from the USCIS that you are in the United States for other than a temporary purpose and intend to become a citizen or permanent resident.)
If you have only a Notice of Approval to Apply for Permanent Residence (I-171 or I-464), you aren’t eligible for federal student aid.
If you’re in the United States on certain visas, including an F1 or F2 student visa, or a J1 or J2 exchange visitor visa, you’re not eligible for federal student aid.

Also, persons with G series visas (pertaining to international organizations) are not eligible. For more information about other types of visas that are not acceptable, check with your school’s financial aid office.



If you see teh
khodalmd said:
Marlon,

Do you mean that person on AOS is elligible for FAFSA aid?

Thanks




QUOTE=marlon2006]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.
[/QUOTE]
 

srk3811

New Member
wow
I am going through the same exact thing in south carolina.

marlon2006 i was just curious if you had any updates for this topic
 

jc-gc

Registered Users (C)
my son's aging out

I am also going through the same situation.My wife is under H1B. My son who is 20 years old (under H4 visa)is doing 3rd year college education at Miami university, Oxford Ohio state. so far we have been paying state-tuition fee paying from our own pocket. He becomes 21 by coming Feb 07. I dont know what are we going to do for his education. If he is converted to F1 he will be paying international fee and separated from our family.I am also dependent of my wife having double post graduation-not eligible to work. life is hell because of this retrogression.
we are expecting some feed back to this situation. sombody please help us.
Jc-gc
EB ,PD-April 03.Ohio
Labour approved Oct-05.
I-140 approved Mar-06.
waiting for visa open.
 

GCdreamer2006

Registered Users (C)
Your elibile for FAFSA if you have I-94 stamped as 'parolee'.

srk3811 said:
wow
I am going through the same exact thing in south carolina.

marlon2006 i was just curious if you had any updates for this topic
 

Sanvibha

Registered Users (C)
Is my son eligible for FAFSA

GCdreamer2006,

My son will be going to undergraduate college in 2007 Sept.
He is in USA since 2000. Last time he entered USA is in 2002 as my dependent on H-4 Visa. His I-94 is stamped as ‘H-4’ dependent.

In 2003 October, We all applied for I-485. My I-131 approved in March 2004. Since my last visit to India in 2004, I am working on EAD and entered as ‘Parolee’.

Since my son never gone out of USA since his last entry on H-4, his I-94 is not stamped as ‘PAROLEE’.

Whether he is considered as ‘Parolee’ by default since his I-485 is pending or he has to go out of USA and enter as ‘PAROLEE’ to be eligible for FAFSA.

I have applied for his EAD to get SSN. Whether Social Security Dept will have any issue with I-94 stamping.

Regards,

Sanvibha
 

khodalmd

Registered Users (C)
This thread is retrieved after a long time. I have update on for this issue.

MD university granted in-state tuition fees for my son, who is on I 485 pending state for more than one year.

Bottom line : It is very difficult to convince authority about I 485 pending status. You need lot of hard work to convince them

He also got FAFSA as his I 94 was stamped as Parolee.




GCdreamer2006 said:
Your elibile for FAFSA if you have I-94 stamped as 'parolee'.
 

sbolla67

Registered Users (C)
How do we get parolee stamping on I-94?

Do we get this "parolee" stamping on I-94 if we travel by AP documents? Thanks for your help.
 

sbolla67

Registered Users (C)
Forgot to add the text

Oops, missed the text.

So I don't understand the logic of this 'Parolee" being qualify for Fed aid while a person with pending I-485 for say more than 5 or 6 years and never left USA is not qualified!!

Anyway, we're planning to go to India this Summer, so my son will get the "Parolee" stamping and hopefully he would qualify for the aid when he goes to college in couple of years.
 

banta4gc

Registered Users (C)
Definition of Resident Alien
Resident aliens generally are taxed on their worldwide income, similar to U.S. citizens.

To be classified as a resident alien, the individual must meet one of two tests:

1. Green Card Test

A non-resident alien is a lawful permanent resident of the U.S. at any time if they have been given the privilege, according to the immigration laws, of residing permanently as an immigrant. This status usually exists if the Bureau of Citizenship and Immigration Services has issued a green card.

2. Substantial Presence Test

A non-resident alien is classified as a resident alien for tax purposes if they were physically present in the U.S. for 31 days during the current year and 183 days during a three-year period that includes the current year and the two years immediately before that.



Definition of Non-resident Alien
If a person does not meet either the Green Card or Substantial Presence Test, then that person is classified as a non-resident alien.

A new arrival on a J-1 or F-1 visa is generally a non-resident alien.
Non-resident aliens are taxed only on their income from sources within the U.S. and on certain income connected with the conduct of a trade or business in the U.S.

General Information Regarding the Taxation of Non-resident Aliens

Non-resident aliens are taxed on earnings received while living in the U.S. Non-resident aliens (Visa type F-1 and J-1) are exempt from FICA (Social Security tax). If the Visa type is F-1 or J-1, the non-resident alien may be exempt from federal taxes only if the country the alien previously lived in before arriving in the U.S. has negotiated an income tax treaty with the U.S. government.

If the country of residence has negotiated an income tax treaty and it covers the type of payment received while visiting the U.S., the non-resident alien should complete IRS Form 8233 for earned wages or IRS Form W-8BEN for scholarship/fellowship payments. These forms must be completed annually and delivered to the Corporate Payroll Office so that federal tax is not withheld from wages or payments. State taxes must be withheld on wage payments.

http://www.finsvc.duke.edu/tax/student/foreign.html#res
 

khodalmd

Registered Users (C)
Practically no difference but law says Parolee qualified.





sbolla67 said:
Oops, missed the text.

So I don't understand the logic of this 'Parolee" being qualify for Fed aid while a person with pending I-485 for say more than 5 or 6 years and never left USA is not qualified!!

Anyway, we're planning to go to India this Summer, so my son will get the "Parolee" stamping and hopefully he would qualify for the aid when he goes to college in couple of years.
 

bnatarajan

New Member
This thread is retrieved after a long time. I have update on for this issue.

MD university granted in-state tuition fees for my son, who is on I 485 pending state for more than one year.

Bottom line : It is very difficult to convince authority about I 485 pending status. You need lot of hard work to convince them

He also got FAFSA as his I 94 was stamped as Parolee.
I am now in the same boat. UMBC is not accepting pending AOS Receipt as a proof for Maryland Residency for in-state tuition. If you don't mind, could you email me at nbala2124@gmail.com on any information on how to convince them.
 
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