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DAP Forums > DREAM Act > The Lounge

In-state tuition

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#1
07-09-2012, 09:46 PM
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4look4rd
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Like many of you I am extremely excited for deferred action and to finally have the opportunity to work legally. Right now I am attending to college in Virginia and I was wondering if we would be able to qualify for in state tuition once we are granted deferred action.

I tried to look it up on multiple websites but it only says that the rules varies by state, and on the requirements page but I am still not sure whether I will qualify or not.

Here is the excerpt from virginia.edu:

Quote:
Q: Are non-citizens capable of establishing "in-state" status?
A: Non-United States citizens are legally capable of establishing domicile when they have been granted the status of lawful permanent residents by the U.S. Citizenship and Immigration Services, or if they possess a visa in a category eligible to establish in the U.S.

The non-citizen applicant, like the citizen applicant, bears the burden of demonstrating eligibility based upon clear and convincing evidence. The non-citizen applicant or non-citizen parent(s), spouse or legal guardian(s) is expected to provide copies of permanent resident card, visa or proof of asylee status.
If the requirements vary from state to state, which states do grant in-state tuition to people under Deferred Action (I know we are not the only ones)?

Thanks a lot!
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#2
07-09-2012, 10:06 PM
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According to your quote, you won't be getting in state tuition.

The deferred action does not grant you "status of lawful permanent residents". It is only temporary.

In NY, as long as you graduated from a NYS high school, you are qualified for in state tuition.

Use the search function, we have a thread with all the details.
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#3
07-09-2012, 10:12 PM
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4look4rd
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Quote:
Originally Posted by kikibay92 View Post
According to your quote, you won't be getting in state tuition.

The deferred action does not grant you "status of lawful permanent residents". It is only temporary.

In NY, as long as you graduated from a NYS high school, you are qualified for in state tuition.

Use the search function, we have a thread with all the details.
I tried using the search function but it keeps saying that I failed to answer a question.

I know some states provide in-state for every high-school graduate regardless of immigration status, but I was wondering if those under deferred action (I think Haitians and Cubans used to get DA before this change of policy) could also qualify for it in more states.

Is the policy really the same in every state? I am expecting Virginia to be one the states that has the most requirements, but still I'd imagine that some states are more lenient.
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#4
07-09-2012, 10:17 PM
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Quote:
Originally Posted by 4look4rd View Post
I tried using the search function but it keeps saying that I failed to answer a question.

I know some states provide in-state for every high-school graduate regardless of immigration status, but I was wondering if those under deferred action (I think Haitians and Cubans used to get DA before this change of policy) could also qualify for it in more states.

Is the policy really the same in every state? I am expecting Virginia to be one the states that has the most requirements, but still I'd imagine that some states are more lenient.
The deferred action was a memo. So basically, it is only a change of policy within the immigration department and affects all states.

What do you mean "Haitians and Cubans used to get DA before this change of policy"?
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#5
07-09-2012, 10:18 PM
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I thought the Haitians were given work permits because of the earthquake? It was not DA.
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#6
07-09-2012, 10:33 PM
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In-state is simply dependent on the interpretation of the College,therefore there is no broad brush you can use to determine it.You should list the colleges specifically you are looking at and maybe someone might be able to help further.

Cubans also can automatically ask for Political asylum which is a form of US residency not Deferred action.
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#7
07-09-2012, 10:35 PM
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Biblio
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Some states don't require lawful presence for in state, but what most States do require is that you've been there for at least a year for in state.
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#8
07-09-2012, 10:37 PM
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And by that I mean that you can't just pack up and go to a State and expect lower in state tuition rates right away.
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#9
07-09-2012, 10:44 PM
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4look4rd
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Thank you for the replies, I think I mentioned the wrong groups! But if I am not mistaken there were a certain group of people that qualified for Deferred Action long before the "DREAM act." The wording on the FAQ was kind of misleading, so I assumed that there were states that did allow individuals to apply for in-state with DA.

I am well aware that I can't just pack up and go to another state, but I still think it would be important to keep a list of states that allow for instate tuition for people under DA (which I thought it was different than those states that don't require legal residency).
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