Why am I getting so many different answers for the same question??

[mell8725 0]

Hi all, forgive me if my tone is a little aggravated but i am so fed up with these so called professionals who are supposed to have all the answers but yet each time i call they tell me something different...

Anyway this is the situation: I came here on a B1/B2 visa 6 years ago, overstayed and been out of status since. My USC husband and I filed my I485, I130 etc. a few days ago and I am waiting for my NOA1 so I can apply for college before the deadline. I know if i wait for the EAD I'll definitely be able to apply but that's just going to take too long. I spoke with a couple different people from the school's international students department and so far none of the information i've received match, its always a different story so i am like so confused as to what i can and cannot do with this NOA1. First i was told that i can apply as soon as I receive my NOA1, so that got me really excited but then i called back to yesterday to see what other documents i need to bring and i was told that I cant apply until i receive my GC, so of course i got really irritated at all the different info i was getting from the same school in the same department.

I immediately got on the phone with USCIS and as usual they didnt know what to tell me so they suggested i make an infopass appt.

Today i called the school back to figure out the reason they told me i couldn't apply was based on the school's policy or was it some piece of legislation that stated that, and she said that she's just going by Homeland Security's guidelines.

Right now my head is spinning i'm confused, disappointed, irritated and i feel like i'm going insane dealing with these people and their lack of knowledge on what they are getting paid to do....Im hoping that someone on here has been through the same or a similar situation and has an answer to my dilemma....Please help me, I am open to all suggestions or if you have a similar story to share i'm all ears...or eyes i guess...

[Anh map 2,098]

Your issue is learning what is the correct policy at the school, not USCIS.

Are they saying that you need legal status in the US in order to apply?

[mell8725 0]

Well from what i was told, the school's policy is based on USCIS guidelines, I guess thats what they are saying because she said i would need a GC or a F1 visa, and even my EAD wouldnt allow me to apply based on what she told me....

[Darnell 8,478]

Sometimes, is best to get onto the Campus,

talk with an International Student Coordinator (or similar title)

--forget all lackeys below this title, they are just 'tools'.

This coordinator is supposed to know the current DHS regs, and can suss you out.

But do, go in person. Phone calls are useless.

[Anh map 2,098]

Guidelines for what? That you are legally here in the US with authorization to attend college/university?

[mell8725 0]

Im not sure what guidelines to be honest, but im assuming that since im out of status right now im not able to apply even though my case is pending..as far as the EAD not being able to qualify me im lost on that one

[Maxximus1074 14]

Im not sure what guidelines to be honest, but im assuming that since im out of status right now im not able to apply even though my case is pending..as far as the EAD not being able to qualify me im lost on that one

I agree with the other posters here - go on campus and talk to someone who knows the facts about international students and admission requirements. It also depends on the state you are planning to attend school and what their laws are and in the end you may have to wait until the next semester before you can enroll, maybe you generally can, but at a higher cost (not in-state tuition).

Take it from me, Last fall when my AOS was still in progress I was told to come back with a valid green card in order to study at in-state tuition at a community college.

Recently got the card, went back on campus and now they tell me that there is a law out there in California that would require me to have one year of legal presence in the US even with a green card. Alas, I started my AOS on an out-of-status F-1 visa and so in the college's eyes was not legally in the US last year and my green card is not even 2 weeks old, too current to consider me as a California resident, despite having a California Driver's license for 3 1/2 years (which illegals don't get issued).

Hope you will find a good ear that will admit you to take classes, good luck on your AOS journey!!

Maxximus

[mell8725 0]

I will definitely pay a visit to the school, I really hope i can apply but i will post the outcome...

[pixie77 2]

why do you need to go to the international student affairs? I think that you don't need to apply as an international student as you have been a resident of your state and adjusting your status. If perhaps you didn't get married and want to apply for a student visa, perhaps. But people who overstayed aren't eligible for a student visa. ANyway You will be a permanent resident soon, it's just a matter of paperwork. I stand corrected on this, just my thought.

By the way, I inquired at a community college here in NY. They don't care about immigration status. They just want me to prove that I am a resident of NY so they can tell me my tuition. When I opened my mouth about immigration they stopped me and told me and said they don't discrimminate against immigration status. Depends on your state maybe. Talk to the student affairs director about our predicament.

I just want to add, if you want to avail of a student loan, maybe this is the reason why you need to be a green card holder.

Best of luck!

Edited February 17, 2011 by pixie77

[Brother Hesekiel 2,235]

Of course you get varying answers, and I tell you why.

As you will learn at some point in your life, immigration is a federal issue, whereas driver licenses and education are under state authority. Therefore, there are 50 different ways to deal with this and only somebody from your state will be able to help you.

Here in California, the immigration status is a non issue in regard to attending college. In fact, the California Supreme Court has just ruled that even illegal immigrants are eligible for in-state tuition, which is a honking deal compared with out-of-state tuition. What a California institution of higher learning requires from its students who apply for in-state tuition is that they have been a resident (not a lawful resident, mind you) of the Golden State for at least 1 year. They want to see a California driver license, utility bills, stuff of that kind, or nothing. I studied at a community college and then transferred to UCLA all with a long expired B2 and nobody even asked me once about my immigration status. What they cared about is that I lived in California for over a year, and I did indeed.

This may be totally different in the state of Illinois, and again different in the backwoods of Alabama. In addition, different schools may have different policies in regard to what to require from potential students. What you definitely don't want to do is enroll as an international student, as that would require an I-20 and a student visa.

[RICARDO4EVA2 194]

Im not sure what guidelines to be honest, but im assuming that since im out of status right now im not able to apply even though my case is pending..as far as the EAD not being able to qualify me im lost on that one

NOA1 had no weight to get you in school or gain resident status for classification. Your best bet to being classified as a resident is having ties a spouse (which you have), parent etc living in the state. But as advised this varies as you cross the state lines.... uscis should not be contacted they cannot help you. These are the school's requirements that you have to get defined.

[Little_My 463]

Also, adding to the conversation and please correct me if I am wrong, but if this is now a question of the primary APPLICATION process, at least at my university (in NYC) the immigration status / eligibility for a visa / residency was not a part of the application process itself at all - it only becomes relevant if and when you are accepted to the school, which from my understanding is usually at least a couple of months from when you submit the application.

Again, I am no expert - but I did apply to a university here as an international student, currently study under F-1 and am in the process of AOS due to marriage to USC. If I am understanding the situation right, and you are now at the point of starting to apply to a school, that should be fine to do without the NOA1, right?

(don't know if the overstay has bearing on this or not though..)

[juliava 80]

I just want to add, if you want to avail of a student loan, maybe this is the reason why you need to be a green card holder.

Best of luck!

Correct.

OP - you need to clarify this when you inquire about your school programs.

Here in NJ - you need to be a US citizen or a Permanent resident in order to get a student loan approved.

[Maxximus1074 14]

since I am basically in the same situation, having green card in hand and want to enroll and pay in-state tuition I did some research about what JustBob mentioned regarding illegals, undocumented people paying California resident fees.

you know, so I have some good argument when I approach the admissions and records office once more.

But after reading a few articles about it - partially Bob is right, there is just some more work that needs to be done before you can claim California residential fees at colleges - the judgment from last November says that this applies to people who have been attending a US high school for 3 years - and can proof that, too. If you have your high school records and diploma, sure you can go ahead and appeal with the campus you are applying for. Or if you have been studying at a different school, were lucky enough to pay in-state tuition you may just transfer and nobody will look into your current immigration status or status in the US in general.

As for me, it seems I am just out of luck on this one because when you fill out the application to enroll for the first time it has a mandatory field asking about your status - international student, US citizen, permanent resident with valid A#. Yay I thought, having an A number now and so just wanted to adjust the last fall started application but can't do it online and you need to come to the office and show your green card in order for them to change your classification in their system. The A&R clerk also told me that they do need to see that sort of evidence from people who don't have a US high school diploma, or if you are a US citizen high school drop out and want to take just a simple one unit class, you still have to show your passport, birth certificate or 3 years of completed high school records. The good old drivers license doesn't seem to count as fact that you are lawfully residing in California and so don't utility bills for your apartment you have for years.

...thought I add this to my recent experience in case someone wants to go back to school in Cali and stumbles upon this thread.

Maxximus