Q & A JULY 24, 2005

Q & A 1. 2.


Q&A 1.

Temporary Green Card & In-State Tuition Rate

Effie Reader asks:

I plan to go to U.S. in 3/06 and marry a U.S. citizen. I also plan to enroll into a 2 years master program in NYC in 9/06. My question is that if I receive my temporary green card after I enroll the school, do I still have to pay the alien student tuition (full tuition) the 1st year? Will I be able to pay the resident student tuition the 2nd year of school?

Mr. Lee Answers:

Your question appears to have 2 facets which need to be considered - legal permanent residence status in the U.S. and the state's residency requirement. Even U.S. citizens must pay full tuition if they are unable to meet the individual state's residency requirements. A conditional green card is just as valid as any other green card - the only difference is that it has a limitation of two years before a further application must be submitted to remove the conditional basis. So for immigration purposes, the conditional green card is as good as a permanent green card. You should check with the individual state to determine the period required to reside in the state for in-state tuition.

Q&A 2.

Counting Time for CSPA Purposes

Kang Reader asks:

I am a U.S. citizen and applied for my son and grandson for immigration in 12/2000. The Nation Visa Center approved the case in 12/04 and transferred the case to Guangzhou Consulate. When I applied for my grandson, he had not yet aged out. However, he turned 21 years old in 2/05. My question is:

If Guangzhou Consulate approved my grandson’s visa after he became aged out, would he be qualified for CSPA protection and be able to come to U.S. the same time with my son?

Mr. Lee Answers:

Age is considered frozen for CSPA purposes at the time that the quota becomes available. Added time is given for the period that the petition is pending with the U.S.C.I.S. and another 45 days under the U.S. Patriot Act. If you applied for your son under the first preference for unmarried sons and daughters of U.S. citizens, the immigrant visa quota for December 2000 became available in January or February 2005. Your grandson would certainly be protected under the CSPA. On the other hand, if your son is still married and you applied for him under the F-3 category for married sons or daughters of U.S. citizens, that category for the month of July 2005 is only processing immigrant visas for petitions that were submitted as of February 1, 1998. The quota for the December 2000 petition date will most likely not become available for another three + years. It is up in the air as to whether the grandson will qualify under the CSPA with the present counting rules of the U.S.C.I.S.. However, as aforestated, he gets the benefit of the time that the I-130 petition was pending with the U.S.C.I.S. plus 45 days under the U.S. Patriot Act. There is also the chance that the U.S.C.I.S. may change its interpretation of the CSPA as it relates to individuals like your grandson in the next few years.

 

Copyright © 2003 - 2005 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.