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When can EB-5 applicants enjoy in-state tuition?

I plan to support my son to apply for EB-5 as a minority applicant (17 years old). He is currently attending high school in the U.S. At which stage of the EB-5 process will he be qualified to enjoy in-state college tuition rates?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The conditional green card should be enough for most schools to qualify for in-state tuition.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, the moment he obtains approval of his I-526, which basically guarantees him a conditional green card, he is entitled to request his status be updated with the school district to that of a permanent resident. This is a common routine in most school districts.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    In-state tuition rules vary from state to state, and sometimes from school to school within a particular state. A conditional lawful permanent resident enjoys the same rights, privileges, duties and responsibilities as a lawful permanent resident (without condition) by definition in the regulations, so at that stage, at least, your son should qualify.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Rules for in-state tuition vary by state. Some require being a green card holder. Others do not and may consider certain non-immigrant visa holders for resident rates, such as E-2 or L-2 dependents. Check with a particular university or college.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    After he becomes a lawful permanent resident (i.e., after I-526 etition and adjustment of status or immigrant visa is approved).

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your son first has to become a conditional resident after I-526 is approved. When he is a resident and he goes to a public university where he resides, he qualifies for the in-state tuition.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    There is not a set time. I would check with the college he wants to attend and see if in-state is based on physical residency in the state or being a permanent resident.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Every state has different rules, but most require permanent residency for in-state tuition.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    When he receives his CPR status.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Thank you for your EB-5 visa question. In-state tuition varies by state. It is best to ask your state educational agency to determine what is sufficient to establish in-state residency requirements for purposes of in-state tuition.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The rules vary by state. A minor's residency for tuition will ordinarily be dependent on the parent's visa status, but that can vary.

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    Charles Foster

    Immigration Attorney
    Answered on

    An EB-5 applicant can only enjoy in-state tuition after they have already achieved lawful permanent Residency (LPR) on a conditional basis. Even then, there may be separate requirements that you reside as an in-state resident for so many months before eligible for in-state tuition.

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