Instate Resident Fee

I am on a H-1 Visa, my wife is on a H-4 visa. My employer has filed my greencard and we are in the final stages of getting it ( Filed the adjustment of status, I-485).

My wife has applied to a state University in Illinois and got admitted. The University is asking her to pay non-resident fee even though we are living in Illinois for the past 3 1/5 years and paying the taxes.

Please refer the following link

http://www.ilw.com/lawyers/immigdaily/cases/2001,0509-Carlson.pdf

The above court ruling says that all visas that do not preclude from establishing domicile in the US because the federal law does not restrict their intent to establish permanent residency should be treated as in-state resident.

I like to know what does Illinois state education law says for the defenition of residence status to the universities for the tution purposes.

Also, if the Illinois state law say same as the California law then can I sue the University for not interpreting the sate law properly.

Your advice is greatly needed.

Should you have further more questions with regards to our situation please email to [email protected]

I would suggest contacting a lawyer in Illinois. Many give free initial consultations.

You might also post your question in the immigration section and see if you cna get an answer there.

Best of luck to you....