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.
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