I would like to come to U.S. with family under EB-5 program. Application is in process, I applied last June. My 17 year old son wants to go to American university, will he apply as U.S. resident or international student? Will we have to pay international tuition prices?
This depends on the status of your I-526 application. Until you have your green card approved, your child will be considered an international student subject to international tuition. He must apply for an F-1 international student visa. If F-1 is approved and EB-5 later gets approved, he may adjust status from F-1 to conditional permanent resident.
Rules on residency vary by state and until the student arrives with a green card, generally he will not qualify. In California they look to the parent, and you can sometimes qualify if immigrant visa petition application for green card has been pending for 365 days.
Your son should apply for F-1 visa and will be an international student and pay based on foreign student tuition rates until he becomes a conditional permanent resident. He will become such only when your I-526 petition is approved and you and your family (including your son) are admitted to the U.S. on immigrant visas and become conditional permanent residents. Then he would be able to study as a resident and pay resident tuition and fees. If he is in F-1 status in the U.S. at the time your I-526 petition is approved, he can adjust status in the U.S. and become a conditional permanent resident.
Generally, once an individual is a permanent resident they are considered U.S. residents for tuition residents. This includes conditional resident status you would apply for after I-526 approval.
What''s the status of your application? Why don''t you consult your immigration lawyer (who filed your I-526 petition)? It really depends on the status of your application. If the application has not been approved, then your son must apply F-1, but F-1 might not be granted.
If he obtains his lawful permanent residency, then he will be a resident. Otherwise, he will need an I-20 form and he will apply as an international student.
Until you have your green card approved your child will be deemed an international student. As for fees, it will depend on the school. If applying to a State school he will probably have to pay international fees.
All family members who obtain EB-5 status are considered to be U.S. permanent residents. Initially the family members will receive conditional permanent residency and the children who are students will not be considered international students.
Individuals who receive permanent residence under the EB-5 program can enroll in school as residents. The individual must have received their green card from the I-526 petition to be considered a resident for enrollment purposes. Residents pay less than international students in tuition. However, you should contact the school directly and ask what they will accept in order to enroll as a resident if the permanent residence is pending with USCIS. Some schools accept the receipt of the I-485 as proof that they are a resident for tuition purposes. We are available if you need further assistance.
If your EB-5 application is approved, you and your family members will be eligible to apply for a conditional residency. Once the conditional residency is approved, your son will be considered a U.S. resident for tuition purposes. If you have any other questions, please do not hesitate to contact me.
If he obtains residence, he applies as a resident otherwise he will apply as an international student and then change.
Eventually your son may qualify for in-state tuition, a substantial savings. But right now he would apply for admission as an international student.
Until you receive your legal permanent residency, your son will have to apply as an international student with international tuition.
After your I-526 is approved and immigrant visas for you and your family are issued, you will be residing in the U.S. in "permanent resident" status. It means that your son will be considered a resident (not an international student) for the purpose of college admission. However, bear in mind that some colleges have policies that you need to live in a State for certain amount of time (usually, one year), to be eligible for in-state tuition rate. Check this with each college your son considers.
Your son should get the instate tuition and other benefits when you enter with Permanent residency.
If you have not applied for the I-526 petition yet, he should apply as an international student on F-1 first and he has to pay international student tuition. You should then apply for the I-526 petition with him as a dependent. If it is approved, he can adjust his student status to permanent resident status inside the U.S., providing that he does not become age 21 at the time of the I-526 approval.
As a conditional permanent resident your son will be eligible for in state tuition. Depending on the state, some will allow people in the process for permanent residency to obtain in state tuition under certain circumstances.
Depending on what stage of the EB-5 processing you are in, your son has a couple of options to study in the U.S. During the initial Petition stage of EB-5 (I-526), your son can apply for an F-1 student visa to enter the U.S. to study. Since you are the Principal Beneficiary of the Petition, no immigrant intent has been declared by your son, therefore, he may still apply for a non-immigrant visa such as F-1 to study in the U.S. Once your Petition is approved, and you are at the stage of the Immigrant Visa or adjustment of status in the U.S., he can apply as a resident in the U.S. Good luck with the process.
When you, as the principal, have an approved I-526, then you will apply at the U.S. Embassy and your children/spouse will apply as your dependents. Therefore, you would all obtain immigrant visas.
Your son will apply as a U.S. resident once you have conditional green card.
