Legal Status of expired/out of status F-1? Where can I find definition

[Maxximus1074 14]

I was so happy to receive my green card the other day, in part as I would want to continue, go back to school, yet last fall semester was told to pay out-of-state tuition since have no green card or citizenship certificate.

Yesterday when I received the card I called the admissions and records office of the community college district and was told to bring the card as well as proof of residency for at least one year prior to the start of semester I plan to enroll again.

I went to that office today and low and behold, the person at the counter (and was the only one availble to talk to...grrrr) turned me away and said that I would have to proof legal residency in California, green card alone is too current to be used as evidence of legal presence *ARGH*

I mentioned to her that I have a California Driver's License since 2007 which to my knowledge is issued only after they perform a background check with your SSN to see if you are legal, showed that I was legally married already in 2004 (but for several reasons no AOS filed then) but all that still wouldn't convince her to change my file to California resident.

I know that an expired F-1 student visa is considered out of status when filing for AOS, but it doesn't mean that one is illegally in the US!!?

Does anyone have any sources regarding the USCIS laws and regulations for me to provide as official documentation of my previous status?

Maybe it's just not meant to be for me to go back to school...sigh.... what are your thoughts on all this?

If anything, this posting is a rant to get rid of my frustration I have this morning.

Maxximus

[milimelo 4,167]

Not an AOS issue - moving to Moving to USA forum.

[missaero 7]

Would showing proof of your tax returns for the last two years with your CA address work?

EDIT:here is a link from UCSB, maybe that will help?

Edited February 15, 2011 by missaero

[buttercup212 1]

I was so happy to receive my green card the other day, in part as I would want to continue, go back to school, yet last fall semester was told to pay out-of-state tuition since have no green card or citizenship certificate.

Yesterday when I received the card I called the admissions and records office of the community college district and was told to bring the card as well as proof of residency for at least one year prior to the start of semester I plan to enroll again.

I went to that office today and low and behold, the person at the counter (and was the only one availble to talk to...grrrr) turned me away and said that I would have to proof legal residency in California, green card alone is too current to be used as evidence of legal presence *ARGH*

I mentioned to her that I have a California Driver's License since 2007 which to my knowledge is issued only after they perform a background check with your SSN to see if you are legal, showed that I was legally married already in 2004 (but for several reasons no AOS filed then) but all that still wouldn't convince her to change my file to California resident.

I know that an expired F-1 student visa is considered out of status when filing for AOS, but it doesn't mean that one is illegally in the US!!?

Does anyone have any sources regarding the USCIS laws and regulations for me to provide as official documentation of my previous status?

Maybe it's just not meant to be for me to go back to school...sigh.... what are your thoughts on all this?

If anything, this posting is a rant to get rid of my frustration I have this morning.

Maxximus

Talk to a more senior member of the financial aid office at your school - if you've been living in the state since 04 I'm pretty sure that constitutes residency. Give your spouse's proof of state residency too. Don't back down.

[Maxximus1074 14]

Hey you two, thank you for your responses - will read the detailed link you sent me from UCSB and hope this can help me.....

As far as the time being in Cali goes...sigh...as mentioned in original posting, I have proof for being in Cali for over 10 years now, had utilities in my name but the "funny" clerk at the admissions and records today said that one can be a LPR or even citizen for years but only have lived in Cali for the past 6 months, they still would not qualify for in-state tuition!!?? tskstktksks..... anything in writing I will find I will print and go back, if the same person there, will ask for supervisor

Thanks for your help guys!!

Maxximus

[Brother Hesekiel 2,235]

I studied for years in California with an expired B2.

For (California) tuition purposes, you need to show that you have been a resident of California for the past year. Don't mix that up with lawful presence though. In fact, the California supreme court has just ruled that for tuition purposes even illegal aliens qualify, much to the protest of US citizens from Arizona who have to pay out of state tuition, whereas illegal aliens from California do not.

What the college admission people usually want to see is a few utility bills, something that shows that you reside in the State of California for at least a year.

If you encounter an uncooperative college employee, talk to the person one step up or, best, to the Dean of Admissions. Naturally, don't come over as a Drunz (German word), but somebody who knows what he's talking about.

[Maxximus1074 14]

I studied for years in California with an expired B2.

For (California) tuition purposes, you need to show that you have been a resident of California for the past year. Don't mix that up with lawful presence though. In fact, the California supreme court has just ruled that for tuition purposes even illegal aliens qualify, much to the protest of US citizens from Arizona who have to pay out of state tuition, whereas illegal aliens from California do not.

What the college admission people usually want to see is a few utility bills, something that shows that you reside in the State of California for at least a year.

If you encounter an uncooperative college employee, talk to the person one step up or, best, to the Dean of Admissions. Naturally, don't come over as a Drunz (German word), but somebody who knows what he's talking about.

Hi Bob,

thanks for your encouragement lines here - I will see if I can find something about the supreme court ruling, print it out and bring it to that office and to someone higher up attention - the only employee I saw today scroffed me off despite having a 2 year old utility bill, my DL that was issued in 2007 as well as even my first marriage certificate from 2004. Insisted on something that shows my legal presence in the last year as the green card presented is dated just 2 weeks ago. Will get my facts and figures together and try again

Maxximus

p.s. what German dialect are you referring to? - though born and raised in Schwaben I never encountered that word