Pending Eb3 AOS Vs college applications - need help

[sridhar68]

Sure Email. sridhar_vallabha@hotmail.com

Originally Posted by CHHAYA

Thank you Sridhar. My daughter is applying in Maryland and I am Maryland tax payer since 2002. Can you give me your contact email or phn# so we can get more information.

[sm104]

Originally Posted by teachamerica07

If your daughter is paroled in the US at least for a year and her status has not expired , she is eligible for FAFSA( depending upon the income of course ) If she is eligible for FAFSA , most of the colleges will consider her as an ' eligible non citizen ' and will treat her as a green card holder for the admission and for the financial aid . You must have either a valid I 94 - stamped as paroled for at least a year . If paroled date on I 94 has expired you must have a valid AP.

My son is a senior in high school in New Jersey and is applying for college fall 2011. He is on H4 and has a SS# & EAD. Is there any way he an be considered for in-state tution? We have not applied for AP as we had no travel plans. We have been living in NJ for the past 8 years.

[Desertfox]

People on AOS must be considered resident student if other residency requirements are met. A state University refused my wife's application even though she completed an associates from the same state. Per our attorney's suggestion we were filing a formal complaint with the justice department's office in our state, but in the meantime her FAFSA was approved as an eligible-noncitizen with her PAROLEE stamp on passport. Then the University accepted her application and she was enrolled in a CIS degree as a resident student.

Consider filing a formal complaint with the Justice Department in your state if any institution refuses to consider AOS applicant as resident student. Even if you dont apply for FAFSA, AOS applicants are granted almost same status as PR by the attorney general for most purposes. So the justice department will defend your status against any local governing body or instigution's illegal rulemaking.

By the way, H-1 or H-4 status is not considered resident for tuition purposes.

[sm104]

Thanks for your response, Desertfox.
So based on his SSN, EAD and AOS status he should be eligable for instate tution and we should seek Justice Dept's help if we have a problem in this.

What happens if I change jobs (presently I'm on H1 & the family is on H4, we all have EADs) and work on EAD without transfering the H1/H4? Will this affect my son's college admissions in any way?
What are the pros/cons of working on EAD instead of H1?
THANKS!

[SGP]

Welcome SM104.

[SGP]

Originally Posted by sm104

Thanks for your response, Desertfox.
So based on his SSN, EAD and AOS status he should be eligable for instate tution and we should seek Justice Dept's help if we have a problem in this.

What happens if I change jobs (presently I'm on H1 & the family is on H4, we all have EADs) and work on EAD without transfering the H1/H4? Will this affect my son's college admissions in any way?
What are the pros/cons of working on EAD instead of H1?
THANKS!

Job Change : You can change job using AC21 provided your AOS (aka I-485) is pending for more than 180 days. At this stage you loose your H1/H4 status and are then working only on EAD.
College Admission : Will not be affected.
Work on EAD : You are a Free Bird and can work for any employer.

[CHHAYA]

Originally Posted by Desertfox

People on AOS must be considered resident student if other residency requirements are met. A state University refused my wife's application even though she completed an associates from the same state. Per our attorney's suggestion we were filing a formal complaint with the justice department's office in our state, but in the meantime her FAFSA was approved as an eligible-noncitizen with her PAROLEE stamp on passport. Then the University accepted her application and she was enrolled in a CIS degree as a resident student.

Consider filing a formal complaint with the Justice Department in your state if any institution refuses to consider AOS applicant as resident student. Even if you dont apply for FAFSA, AOS applicants are granted almost same status as PR by the attorney general for most purposes. So the justice department will defend your status against any local governing body or instigution's illegal rulemaking.

By the way, H-1 or H-4 status is not considered resident for tuition purposes.

Thankyouy Desertfox. My daughter do have EAD, SS# But AP is not active and her las I-94 says paroled until Jul 2009. Last time we travelled out of country in Jul 2008 and then not rquired so never renewed AP. Should I file for AP renewal asap? FAFSA deadline in Maryland is 03/01/2011.

[always_hopeful]

Does anyone know how University of California system treats pending I-485 applicant for undergraduate admission? My son will be applying for UC colleges for fall 2011 admission. He is an AOS applicant (dependent of my pending EB2 I-485) and has EAD, AP, SS#, CA Driver's license and currently in Parolee status. We are CA resident for last 5 years.
Does anyone know if he will be considered as in-state applicant or not? Also, will he qualify for FAFSA? The drop down menu in UC online app for immigration status does not have any entry for 'AOS'. What to put in there? A response from anyone who has had similar experience will be really appreciated.

[thomachan72]

So what I get from this discussion is:
1) if your child had EAD, SSN and I-94 then they are eligible for instate tuition/scholarships
2) if on H4 then cannot get SSN and therefore will be considered out of state?

So what are the options for those on H4? Even if they fullfill the residence test (more than 2 years in that state) they are not eligible for instate tuition?
Can they attend college while on H4? or do they have to get an F1? I am talking of the situation where the 485 is not yet filed.

[Madhuri]

I am also from CA staying in CA for last 5 years and my son is also in the same situation as yours. As per my research I know that if he has entered as parolee in last one year then he is considered in-state student. But nothing in black and white yet.

Originally Posted by always_hopeful

Does anyone know how University of California system treats pending I-485 applicant for undergraduate admission? My son will be applying for UC colleges for fall 2011 admission. He is an AOS applicant (dependent of my pending EB2 I-485) and has EAD, AP, SS#, CA Driver's license and currently in Parolee status. We are CA resident for last 5 years.
Does anyone know if he will be considered as in-state applicant or not? Also, will he qualify for FAFSA? The drop down menu in UC online app for immigration status does not have any entry for 'AOS'. What to put in there? A response from anyone who has had similar experience will be really appreciated.

[ssarathk]

Since higher education is per state, the board of regents set down the residency requirements. All of us know how complicated immigration stages are and not everyone is aware of the problem. It would be worth while to email/call/meet in person the general counsel on the board and apprise him of the situation.

We did this couple of years back and successfully got admission with instate tuition at UNLV. There are examples of other Public institution of higher learning which recognize this problem with the above mentioned lawful immigration process and do consider immigrants in Pending AOS status for instate tuition provided they provide proof and qualify the other domicile requirements. for eg: University of North Texas (UNT Office of the Registrar), City University of New York (portal.cuny.edu/cms/id/cuny/documents/informationpage/residency.pdf)

Precedence has been demonstrated by opinions and judgments previously rendered by court cases such as "Toll vs Moreno" which some of these institutions have indicated in their considerations. for eg. City University of New York.

All the best.

[spaceguy]

Does it required to be a citizen or permanent resident for med colleges?
In Florida 7 year integrated program requires the student to get green card at least by end of pre med program. Does any body know weather AOS student can also be eligible for applying medical colleges

[Student with no hopes]

This group of members who have kids entering college or aging out have to advocate on the two provisions to be included in the dream act......they need to be the face of this campaign!!

[CHHAYA]

My daughter is accepted in college but now Financial Aid department is asking for evidence from USCSI showing that she is intended to become Permanent Resident. What should I provide. She does have I 94 which was issued in 2008 (when she entered US as parolee) and it says expired in Jul 2009. Representative at financial department said Pending statuses do not get Financial Aid. What should I do now? Shhould I apply for AP and travel overseas and reenter to US? Is it possible to get Ap in 15 days? Please Help me.

[ankur6ue]

I know that in order to qualify for FAFSA (or to be classified as eligible non citizen), you need to have a parolee stamp older than an year. I know this because I'm getting an evening MBA at georgetown and they insisted on this before approving my FAFSA. Its a totally asinine rule because they should only require pending for AOS for more than a year, not parolee stamp. What if you have a pending 485 > 1 year, but never travelled abroad during that period and hence have no parolee stamp? I brought this to the attention of the official at financial aid office, but she was just a bean counter and insisted on the requirement.

I think this is one issue that IV should take up and should be easy to fix with a simple change of regulations. I'm assuming the person who wrote this rule was clueless and thought parolee stamp was a better evidence of AOS status than 485 receipt. go figure.