Other Immigration Law Education Held For Ransom

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Parent1

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Someone suggested that mafioso might be able to help with an answer for me.

Daughter is an F1 student at a Virginia university where she was charged in-state tuition. Everything was paid on time. They then contacted her in November to say they made a mistake and wanted out of state tuition for the semester she was then in and due to complete in less than one month and the previous semester. We contacted them and said that we had paid what was billed. They said too bad pay up. We came up with the extra money ($12,000 +)and paid it. They have now gone back two more semesters and say that we have to pay this extra money ($8,000+) as well. They have allocated our previous payment to the previous semesters which makes her current semester and last semester not paid for. She has only 2 classes this last semester and then she has her BA. A little background ...We have all lived in Virginia since 1995 on E2 visas, worked and paid income tax, own cars (she owns a car has her own insurance) and have a family house. The E2 visa did no allow daugher to work and at the age of 22 now she has never worked. She had to get an F1 visa in fall 2006 because she turned 21 and could no longer stay on our visa. Parents (us) are in process to get our green cards, but can do nothing for her at this time. Can the University go back like that and back charge? We do not have the extra money! If we do not pay, she looses everything she has worked hard (mostly A's a few B's) for these past years. We feel like her education is being held ransom!
 
I feel your pain………But the law is the law. They have the right to charge you even for past semesters if she is on F-1. F-1 students don't have many rights…….You can't win even if you contest. You just have to try and make a payment plan with them. They would argue she ought to have known she is out of country not just out of state. Her annual tuition is on her I-20 so they can even blame her for trying to cheat if she contests the payment. Just try to make a payment plan or see the registrar to see if he can let it go given it was an honest mistake and you did not budget for it. Book to see the registrar and financial head of department or bursar………..they might waive it if you are lucky.
 
Thanks. So far the people we have spoken with are very "so what" attitude. I will however try to reach the registrar and see he/she can help us. Thanks again.
 
Anytime.......let us know how it goes......
 
Check domicile guidelines!

I am pretty sure they state that mistakes in tuition CANNOT be back dated. A decision is good for semester

I believe you are still entitled to in-state. The domicile for VA is based on the DOMICILE of the parent - unless the student is independent. You are still E2 - so thats ok. So you should be able to show your E2 status as proof.

But check rules carefully. I believe the college has to prove that student is independent - you don't as the assumption is that they ARE dependent.

Also submit appeals. Best way is to show that you have the ability to form Domicile- perhaps with pending green card applications.
 
Domicile guidelines

Here are quotes from VA domicile guidelines

"Dependent student" means one who is listed as a dependent on the federal or state income tax return of his parents or legal guardian or who receives substantial financial support from his spouse, parents or legal guardian. It shall be presumed that a student under the age of 24 on the date of the alleged entitlement receives substantial financial support from his parents or legal guardian, and therefore is dependent on his parents or legal guardian, unless the student (i) is a veteran or an active duty member of the U.S. armed forces; (ii) is a graduate or professional student; (iii) is married; (iv) is a ward of the court or was a ward of the court until age 18; (v) has no adoptive or legal guardian when both parents are deceased; (vi) has legal dependents other than a spouse; or (vii) is able to present clear and convincing evidence that he is financially self-sufficient.


3. A dependent student is presumed to have the domicile of the parent or legal guardian listing the student as an exemption for tax purposes or providing substantial financial support. A dependent student 18 or over may seek to show a domicile independent of such parent or legal guardian regardless of financial dependency; however, the student is presumed to have the same domicile as his parents or legal guardian unless he can show to the contrary by clear and convincing evidence.


C. Changes due to administrative errors.

1. Administrative errors may include letters announcing an incorrect domicile, actual misclassification, or incorrect tuition billing notices.

2. In the absence of fraud or knowingly providing false information, where a student receives an erroneous notice announcing the student to be, or treating the student as, eligible for in-state tuition, the student shall not be responsible for paying the out-of-state tuition differential for any enrolled semester or term commencing before the classifying institution gives to the student written notice of the administrative error.


e.

(1) E-1: Alien and immediate family permitted to enter the United States under treaty to engage in substantial trade. Allowed to remain in the United States as long as business requires.

(2) E-2: Alien and immediate family permitted to enter United States under treaty for investment purposes. Allowed to remain in the United States as long as investment purposes require.

(3) E-1 and E-2 visa holders are eligible to establish domicile.


Also

5. Pending status changes.

a. If a student is in a visa category that is ineligible to establish domicile and the student petitions the federal government to reclassify his restricted status to immigrant status, or some other eligible nonimmigrant status, the student will continue to be ineligible despite the petition for reclassification.

b. When such petition is acted favorably upon by the federal government, the student may seek to prove Virginia domicile as anyone else and may, in the interest of fairness, claim that such domicile existed back to the date of the filing of the petition, not necessarily from the date of reclassification by the federal government. An institution may require evidence of the date that the reclassification was approved or petition filed, or both.

For example, an alien here under a restricted visa may be permitted by the U.S. Attorney General to remain indefinitely, and not be deported, because of racial, religious, or political persecution in the home country. The student should be prepared to submit evidence of the U.S. Attorney General's decision.

c. In addition, an alien in the United States in an ineligible visa category (O or R, for example) may become the beneficiary of an approved I-140 or I-130 immigrant petition. If so, the alien may be eligible for in-state tuition benefits, even while the alien's adjustment application is pending, upon providing clear and convincing evidence of domicile.


ALL of this seems to apply to your case!
 
I am so glad you got to see my reply. Please do contact me with private message. I live in VA and (unfortunately) know these guidelines very well.

Beware! There is some evidence that state will attempt deny a domicile based on parents of alien in this situation The arguement is that this would contravene supremacy of federal law regarding immigration constraints placed on F1 student. (ie they cant allow domicile if the federal law says otherwise)This appears untested in law and dubious.

If you have greencard process started 1 year before loosing E2 for daughter then everything should be easier.
 
Any update yet.......Per PM?
 
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