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California In-state tuition Condit Bill exception

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A family friend entered last August with an IR-2 visa (her naturalized step-father was her I-130 petitioner) and she would like to know if she qualifies for in-state tuition through the Condit Bill exception; California EDC § 68076:


Notwithstanding Section 68062, a student who (a) has not been an adult resident of California for more than one year and (b) is either the dependent child of a California resident who has had residence in California for more than one year prior to the residence determination date, or has a parent who has both contributed court-ordered support for the student on a continuous basis and has been a California resident for a minimum of one year, shall be entitled to resident classification. This exception shall continue until the student has resided in the state the minimum time necessary to become a resident, so long as continuous attendance is maintained at an institution.

She is 21 years old and resides with her mother and step-father since her IR-2 entry in August. Her mother has resided in California for the past 17 years but does not have lawful US status; she EWI and has a pending IR-1 process with I-601A(?) waiver through her naturalized husband. Her step-father naturalized 8 years ago and was LPR before that since the 1980s; he has only resided in California in all that time. The school website doesn't mention the Condit exemption, but it's state law since 1993:

In contrast, the University of California website does mention it: https://www.ucop.edu/residency/exemptions-waivers.html

Does anyone have some input? Should she consult a lawyer to find out if she qualifies? If yes, what type of lawyer? She has asked immigration lawyers and they admit this is not their forte and they are stumped when asked what type of lawyer she should consult.

Edited by accumbyte

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3 minutes ago, aaron2020 said:

She doesn't need a lawyer.  She needs to ask the admission office at the schools she wants to attend.  

Exactly. These matters are often decided on a case by case basis by the school's admissions departments. My husband is a student here and we checked in with the admissions department at the local university and they gave us detailed instructions and a contact person who specifically handles residency issues around tuition fees.


I'm pretty sure the universities you are interested will have a similar office or a specific person who can assess the situation. Just reach out to them directly, even if you don't know the exact person to contact, the admissions office should be able to direct you.


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21-Dec-2016: I-130 filed at Moscow USCIS field office*
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18-Oct-2019: Interview cancelled & notice ordered*

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