Residency status for college tuition

[sincerestudent]

I have enrolled as a fulltime student at Rutgers University, the state university of New Jersey. Inspite of residing instate and paying state taxes for the past five years, and having graduated from a local public high school, I am being denied in-state tuition. The University's policy states that H-visa holders will be regarded as out-of-state as they are not allowed to establish permanent residence in America. My father holds an H1B visa and I hold a dependent, H4 visa. We have applied for the Permanent Resident Card or Green Card which is in its final stages of processing.

1. First and foremost, state colleges favor in-state students by charging them lower tuition as they pay state taxes which in turn fund the univeristy. As H-visa holders, my family has paid the same amount of taxes and shares an equal burden to fund the state univeristy as others.

2. To avoid manipulation such as moving to any state for the sole purpose of attending college, Rutgers, like many other states, requires one to be domiciled in the state for atleast 12 months before the start of the term. My parents and I have resided in the same house in New Jersey since 2006 and I have graduated from the public high school in North Edison.

3. The University claims that H4 visa holders are not allowed to establish a permanent residence in US. This is against the federal law of Immigration Act of 1990 which allows H4 visa holders the Doctrine of Dual Intent: they may have the intention to live here permanently or go back. As a federal law states that H-4 visa holders like I can intend to stay here permanently, the US constitution's Supremacy Clause suggests that a state law cannot override a federal law. In Toll vs. Moreno (1982), University of Maryland's policy was ruled invalid when G4 visa holder was denied instate status as G4 visa holders were federally allowed to establish a permanent residence.

4. Several state colleges such as Univeristy of Florida, Louisiana, Alabama, Kentucky, California and the State University of New York grant instate residency status for H-visa students while others such as Arkansas State Univeristy accept appeals and make special exceptions.

Considering the above factors, I believe it is fair and reasonable for me to be considered in-state for tuition purposes. When I sent an appeal letter to Rutgers, it was denied for the reason explained in #3 above. I would like to take it to the next step and go to the court. Please advise me on what court should I go in New Jersey. I believe it is the Appealate Division. Already subdued with college tuition & fees, I am really not looking forward to pay hefty fines to a lawyer. Is it possible for me to file this case without an attorney? If not, how much overall cost should I be expecting?

Most importantly, do I have a legitimate case?

Thank you for reading my case and I am eagerly looking forward to reading all your responses.

 

[Humusluvr]

I have enrolled as a fulltime student at Rutgers University, the state university of New Jersey. Inspite of residing instate and paying state taxes for the past five years, and having graduated from a local public high school, I am being denied in-state tuition. The University's policy states that H-visa holders will be regarded as out-of-state as they are not allowed to establish permanent residence in America. My father holds an H1B visa and I hold a dependent, H4 visa. We have applied for the Permanent Resident Card or Green Card which is in its final stages of processing.

1. First and foremost, state colleges favor in-state students by charging them lower tuition as they pay state taxes which in turn fund the univeristy. As H-visa holders, my family has paid the same amount of taxes and shares an equal burden to fund the state univeristy as others.

2. To avoid manipulation such as moving to any state for the sole purpose of attending college, Rutgers, like many other states, requires one to be domiciled in the state for atleast 12 months before the start of the term. My parents and I have resided in the same house in New Jersey since 2006 and I have graduated from the public high school in North Edison.

3. The University claims that H4 visa holders are not allowed to establish a permanent residence in US. This is against the federal law of Immigration Act of 1990 which allows H4 visa holders the Doctrine of Dual Intent: they may have the intention to live here permanently or go back. As a federal law states that H-4 visa holders like I can intend to stay here permanently, the US constitution's Supremacy Clause suggests that a state law cannot override a federal law. In Toll vs. Moreno (1982), University of Maryland's policy was ruled invalid when G4 visa holder was denied instate status as G4 visa holders were federally allowed to establish a permanent residence.

4. Several state colleges such as Univeristy of Florida, Louisiana, Alabama, Kentucky, California and the State University of New York grant instate residency status for H-visa students while others such as Arkansas State Univeristy accept appeals and make special exceptions.

Considering the above factors, I believe it is fair and reasonable for me to be considered in-state for tuition purposes. When I sent an appeal letter to Rutgers, it was denied for the reason explained in #3 above. I would like to take it to the next step and go to the court. Please advise me on what court should I go in New Jersey. I believe it is the Appealate Division. Already subdued with college tuition & fees, I am really not looking forward to pay hefty fines to a lawyer. Is it possible for me to file this case without an attorney? If not, how much overall cost should I be expecting?

Most importantly, do I have a legitimate case?

Thank you for reading my case and I am eagerly looking forward to reading all your responses.

Though I do believe you have a legitimate claim, and give you kuddos for all the legwork you've done, the university would have a team of lawyers, and you would need to lawyer up for this too. There is no way you could do this on your own.

I certainly believe you should win. The federal government is pushing the DREAM Act, which would give illegal aliens in-state tuition rates. You are certainly here legally, have paid your taxes, and are deserving of the rate.

I wish you all the best!

 

[justalayman]

while you may intend to stay here permanently, you cannot do it on an H4 visa. You would have to apply for a visa that allowed you to remain in the US. That is what is meant by you cannot obtain permanent status as an H4 holder, because you can't.

and while your parent(s) may have paid NJ taxes, since you cannot be employed while holding an H4 you have not paid anything, which is contrary to your statement:

I have enrolled as a fulltime student at Rutgers University, the state university of New Jersey. Inspite of residing instate and paying state taxes for the past five years, and having graduated from a local public high school, I am being denied in-state tuition.

I don't disagree that since your parent(s) pay state income taxes that you should be allowed to be treated as in state but I do not see you being able to challenge this unless you have a considerable amount of money to pay an attorney.

 

[sincerestudent]

Thank you @Humusluvr. The encouragement really helps! As you said, I might definitely have to consult a lawyer to take my case forward.

Will surely post what happens eventually...

Though I do believe you have a legitimate claim, and give you kuddos for all the legwork you've done, the university would have a team of lawyers, and you would need to lawyer up for this too. There is no way you could do this on your own.

I certainly believe you should win. The federal government is pushing the DREAM Act, which would give illegal aliens in-state tuition rates. You are certainly here legally, have paid your taxes, and are deserving of the rate.

I wish you all the best!

 

[sincerestudent]

You are right @justalayman. My parents and I have applied for the Permanent Resident Card but the problem is we will get this only after a few months, before which my term would have started and the tuition/fees would be due. To be allowed to have the "intention" to stay and to be allowed to stay is a fine thin line if you ask me.

As to the fact you mentioned that I have not paid taxes, the college only cares about what taxes my parents have paid as they are also completely responsible for financing my college education. Moreover, even with citizenship or Green Card where the student would be allowed to work: if the student decides not to be employed during highschool or college, he/she would not pay state taxes regardless of what the visa status is.

As you righly suggested, I better start gathering money to pay the attorney if I want to save the thousands of dollars I would otheriwse be paying the college.

while you may intend to stay here permanently, you cannot do it on an H4 visa. You would have to apply for a visa that allowed you to remain in the US. That is what is meant by you cannot obtain permanent status as an H4 holder, because you can't.

and while your parent(s) may have paid NJ taxes, since you cannot be employed while holding an H4 you have not paid anything, which is contrary to your statement:




I don't disagree that since your parent(s) pay state income taxes that you should be allowed to be treated as in state but I do not see you being able to challenge this unless you have a considerable amount of money to pay an attorney.

 

[You Are Guilty]

Interesting question. There may very well be something to it, but it is clearly not a DIY project. Perhaps these (free) folks might have some interest?
http://www.nj.gov/oag/dcr/localcontact.html

 

[ecmst12]

If your family is not wealthy, it may be worth it to defer beginning school for a semester until your green card is approved and you can be officially considered in-state. If it will only take a few months to get it, then it will still be way faster than your case would ever see a courtroom.

 

[sincerestudent]

Good suggestion @ecmst12. But my parents are the traditional kind and would probably never approve me of not going to college for one (and that too the first) term. Although, I completely agree with you.

If your family is not wealthy, it may be worth it to defer beginning school for a semester until your green card is approved and you can be officially considered in-state. If it will only take a few months to get it, then it will still be way faster than your case would ever see a courtroom.

 

[ecmst12]

Then let them volunteer to pay the non-residential rate. Beyond that, you are an adult now and can make your own decisions.