Can my daughter qualify for in-state tuition if my I-140 is approved and I-485 is filed and pending?

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Can my daughter qualify for in-state tuition if my I-140 is approved and I-485 is filed and pending?

The state’s higher education policy states “Persons who have been resident within this State for a period of 12 months prior to enrollment in a public institution of higher education are presumed to be domiciled in this State for tuition purposes.Persons presumed to be nondomiciled or persons who are presumed to be domiciled, but whose domiciliary status is challenged by the institution, may demonstrate domicile according to rules and regulations established for that purpose by the Commission on Higher Education….”

Asked on May 6, 2013 under Immigration Law, New Jersey

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can certainly try as the domicile really does not have to do with the immigration status but more with the actual physical residence of the person.  If you can show/prove that your child is a resident of the state under the college's terms/policies, then she might qualify for instate tuition.


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