sincerestudent
Junior Member
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.
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.
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