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OUT OF STATUS AND WANT TO GO TO SCHOOL.PLEASE ADVISE

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  • OUT OF STATUS AND WANT TO GO TO SCHOOL.PLEASE ADVISE

    I came to the US WITH A VISITOR VISA IN 1993 WHICH HAS SINCE EXPIRED, MY SISTER FILED FOR ME LAST YEAR TAKING ADVANTAGE OF THE SECTION 245 DEADLINE OF APRIL.
    I NOW WANT TO ATTEND SCHOOL AND HAVE NO F1 VISA , THE SCHOOL HAS ALREADY ADMITTED ME AND I APPLIED FOR A LOAN WHICH WAS APPROVED , WILL I STILL BE ABLE TO FINISH MY EDUCATION EVEN THOUGH I AM OUT OF STATUS, WITH ALL THESE NEW LAWS ABOUT SCHOOLS REPORTING ON FOREIGN STUDENTS , DO I JUST ATTEND SCHOOL AS A US CITIZEN OR DO I PUT IN FOREIGN STUDENT ON MY APPLICATION.FACT IS THAT I HAVE TO CONTINUE MY EDUCATION AND NEED HELP.
    Also my mom and dad both have green cards and would be applying for citizenship next year, would they be able to file for me then or can they apply for me now
    SOMEONE PLEASE ADVISE I NEED A RESPONCE PLEASE

  • #2
    I came to the US WITH A VISITOR VISA IN 1993 WHICH HAS SINCE EXPIRED, MY SISTER FILED FOR ME LAST YEAR TAKING ADVANTAGE OF THE SECTION 245 DEADLINE OF APRIL.
    I NOW WANT TO ATTEND SCHOOL AND HAVE NO F1 VISA , THE SCHOOL HAS ALREADY ADMITTED ME AND I APPLIED FOR A LOAN WHICH WAS APPROVED , WILL I STILL BE ABLE TO FINISH MY EDUCATION EVEN THOUGH I AM OUT OF STATUS, WITH ALL THESE NEW LAWS ABOUT SCHOOLS REPORTING ON FOREIGN STUDENTS , DO I JUST ATTEND SCHOOL AS A US CITIZEN OR DO I PUT IN FOREIGN STUDENT ON MY APPLICATION.FACT IS THAT I HAVE TO CONTINUE MY EDUCATION AND NEED HELP.
    Also my mom and dad both have green cards and would be applying for citizenship next year, would they be able to file for me then or can they apply for me now
    SOMEONE PLEASE ADVISE I NEED A RESPONCE PLEASE

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    • #3
      Test

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      • #4
        If the school you applied to has already admitted you, then what did you state as your citizenship on the application form?

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        • #5
          How did you get approved for a loan since you are an illegal?

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          • #6
            If you live in NY state they just passed the legislation so that students who overstayed their visa can go to state colleges in NY at an in state tuition. If you are under 21 and are here for five years you can apply for permanent residence. Check for the law and you may wanna ask a laweyr about it.

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            • #7
              Consult an immigration lawyer ASAP.Your parents can sponsor you at certain stages of the GC and surely once they become citizens but do u want to wait so long(being here illegally).

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              • #8
                Doris is like most people on this board - scared like hell.
                They ask questions and when people reply with suggestions they never ever even bother to say thank you or provide feedback.

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                • #9
                  Isaac , i apologise for not replying so soon, scared like hell i am and i would consult a lawyer
                  thank you

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                  • #10
                    Several states are considering following the lead of California and Texas, which charge in-state tuition for illegal aliens attending taxpayer supported colleges and universities.

                    According to published reports, Minnesota, North Carolina, Utah, and Washington are among the states considering the move, following on the 1982 Supreme Court Plyler v. Texas decision that required states to provide taxpayer funded elementary and secondary education to illegal aliens through grade 12.

                    But immigration reform groups argue the in-state college tuition plans are a direct violation of federal law.

                    Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 states that:

                    "Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident."

                    Apparently, members of Congress intended the law to mean exactly what the immigration reform groups claim. House conference Report 104-828, referring to Section 505 stated, "this section provides that illegal aliens are not eligible for in-state tuition rates at public institutions of higher education."

                    But Texas and California circumvent the law by basing their in-state tuition policies for illegal aliens not on whether the alien is a "resident" of the state, but rather on whether or not the alien graduated from an in-state high school after three years of continuous attendance.

                    The Federation for American Immigration Reform (FAIR) says the issue can be reduced to a simple question of fairness.

                    "The tuition debate is really a question of a finite commodity whether you're talking about the limited number of seats available or the limited number of tax dollars available to subsidize tuition," according to David Ray, spokesman for FAIR.

                    "If you're saying that these funds and seats should go to illegal alien children, then you're saying, 'No,' to American children, children whose parents have paid taxes in this country for decades and who can legally hold a job in this country once they get a degree," he concluded.

                    FAIR believes that states offering in-state tuition to illegal aliens will entice greater numbers of illegal alien families to move to those states.

                    Proponents of the idea, such as State Rep. Rick Noriega (D) who sponsored the Texas bill that allows illegal aliens to pay in-state tuition rates, disagree.

                    "I am just happy that here in Texas we got it through when we did," he told the Chronicle of Higher Education in November 2001.

                    "For ... fear-mongers, these are perfect times to execute your agendas," Noriega added, referring to the aftermath of the Sept. 11 terrorist attacks.

                    But conservative Internet columnist Gregory Hand, who lives in California and opposes that state's illegal immigrant education subsidy, doesn't believe he's a fear-monger, just a pragmatist.

                    "Socialist supporters of subsidized higher education for law breaking immigrants blame the illegal-immigrant parents (and who can punish a child for the sins of the parents?), point out that these children have graduated from American public schools (again at taxpayer expense) and therefore somehow bizarrely deserve access to higher education subsidized by someone else's hard earned money," Hand writes in his online column at GregoryHand.com.

                    In August 2001, Wisconsin Gov. Scott McCallum (R) vetoed a provision lawmakers inserted into the state's budget that would have provided an identical in-state tuition discount to illegal aliens as the ones in Texas and California.

                    "Until Congress changes the eligibility status of undocumented persons for this benefit," McCallum said announcing the veto, "the focus of taxpayer subsidized postsecondary education needs to remain on students who are legal residents of the state."

                    The Immigration and Naturalization Service (INS) believes the debate is irrelevant.

                    INS spokeswoman, Elaine Komis, told the Chronicle of Higher Education in November 2001 that the agency has "no reason" to issue regulations on whether someone who is in the country illegally could qualify for tuition benefits. The agency, she said, believes that person should be removed from the country.

                    But that message has apparently not been disseminated throughout the agency.

                    "It's not the role of the INS to tell the states how they should administer their educational system," another INS representative told CNSNews.com.

                    "Given our very limited resources, with only 2,000 agents, we just don't have the capability of going out to universities and checking papers," added the INS representative, who did not want to be identified.

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                    • #11
                      You can find the link at

                      http://www.cnsnews.com/ViewNation.as...20020408d.html

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                      • #12
                        Doris, mom/dad can file for you right away (while being on Green Card), then when they naturalize you automatically are considered Family Based First-Category-Preference, and would wait to get your green card only 6 years (but the count of the years begins as soon as your parents file on your behalf)

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                        • #13
                          Texas has passed a law permitting illegal immigrants to pay resident rates at state colleges. And a handful of schools in other states -- most of them community colleges -- charge undocumented students in-state tuition rates.

                          Since out-of-state tuitions can be as much as 10 times higher than in-state rates, the issue is of considerable interest to the estimated 50,000 to 70,000 undocumented immigrants who graduated from U.S. high schools this year. In 1982, the U.S. Supreme Court ruled that communities have an obligation to educate illegal immigrants through 12th grade.

                          Now some states are considering following Texas' lead.


                          A bill pending in California would extend in-state tuition to undocumented immigrants at the 23-campus California State University system and 108 community colleges.
                          North Carolina has created a commission to study how it can afford to pass such a law.
                          Activists in Utah and Georgia are pushing for proposals in their states.
                          Some community colleges in Arizona, Illinois, Kentucky and New York, acting locally, allow undocumented students to pay in-state tuitions.
                          Those who advocate the tuition breaks for illegals contend the policy encourages education among children of undocumented workers and ultimately could lead them to become naturalized citizens.

                          But opponents argue that illegal immigrants have no right to be in the U.S. in the first place and shouldn't expect taxpayers to fund their college educations.

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                          • #14
                            Do they not realize that we're going to live here for the rest of our lives??

                            With the proper college education, we're going to create more jobs, pay taxes, and contribute to the society.

                            It's just plain STUPID not to provide higher education for long term immigrant residents, even though they're out of status.

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                            • #15
                              A move to higher education
                              ---------------------------

                              By Gregory Tejeda
                              United Press International
                              From the National Desk
                              Published 3/11/2003 10:49 AM



                              Allowing the foreign-born children of undocumented immigrants to pay in-state resident tuition rates if they attend public colleges "at home" in the United States is the latest trendy thing for politicians to do. Illinois took steps last week to become the 5th state to treat the "foreigners" as full-fledged residents for purposes of higher education. Legislatures in 6 other states this spring are considering the change. The Illinois House-approved measure would eliminate the need for college students to have a Social Security number as part of their proof of residence. They would only have to show they attended an Illinois high school for at least 3 years. Non-citizen students also would have to provide an affidavit stating they will apply for U.S. citizenship the first chance they get.

                              A University of Illinois at Chicago study found that every year about 3,500 non-citizens graduate from Illinois high schools. Nationally, the Urban Institute said as many as 65,000 undocumented immigrants graduate annually from high school. Edward Acevedo, an Illinois legislator who sponsored the measure, said it is wrong to think of the teenagers as foreign. He calls them "as American as you and I" even though they technically are citizens of other countries. "We're talking about kids who were brought to this country when they were 2, 3, maybe 4 years old at most," he said. "They don't know any country other than the United States."

                              Acevedo's effort -- which still needs approval from the Illinois Senate and Gov. Rod Blagojevich before it becomes law -- is not unique. Similar laws exist in California, New York, Texas and Utah. Legislatures in Florida, Hawaii, New Jersey, Rhode Island, Virginia and Wisconsin are considering the same concept. Even Congress has a set of four bills that would impact the entire country. Whether the obsession with war on Iraq on Capitol Hill would permit the bills ever to come up for a vote is uncertain. State officials are more willing to take up the issue because it is perceived as education-related. While Acevedo admits his initial motivation was to increase the number of Mexican immigrants in college, research showed him the issue is bigger than any one ethnicity.

                              "I believe what hurt the bill in the beginning is the perception that it was meant only for Latinos," Acevedo said. "It is accessible to all immigrant groups: Korean, Eastern European, Haitians, every undocumented citizen," he said. "This bill is meant to help everyone and that is why it is now gaining greater support." Why is this issue a big deal for students? Publicly funded colleges offer significantly reduced tuition rates to in-state students. Under existing law, students who cannot show residence because they are undocumented residents are treated as out-of-state students. While rates differ from college to college, the University of Illinois at Urbana charges non-residents $14,352 this year for tuition -- compared to $5,748 for Illinois residents. For people of limited financial means, the difference can decide whether they can even afford to attend college.

                              Researchers monitoring the issue say they expect it to pass in most, if not all, of the states where it is under consideration. They were encouraged by the ease with which it passed last week in Illinois -- a 112-4 vote, with one legislator voting "present." That lawmaker, state Rep. Kevin McCarthy of the Chicago suburbs, said he wishes his colleagues would look at the issue more critically. "Their hearts are in the right place," said McCarthy, who called the bill "a slap in the face" to the people of Mexican, Irish, Polish and Filipino descent for whom he has used his political ties with members of Congress to cut through the "red tape" of dealing with the Immigration and Naturalization Service. "I want people to come to this country legally, and I'm willing to help them try to do that," McCarthy said while wondering if immigration was too much of a federal issue for legislatures to get involved. "Maybe we shouldn't be doing anything," he said. But "doing nothing" is not acceptable to people who see such bills as a long-term way of improving the quality of life in the United States by encouraging people to get a college education.

                              Such thinking also is the problem, rather than the solution. Focusing too much attention on how to penalize people keeps our society from moving forward. "These are students who have done everything right, who have the potential to give back to society," said Sandra del Toro of the Illinois Coalition for Immigrant and Refugee Rights in a prepared statement. "Then suddenly, after high school, they hit a brick wall."

                              (Hispanidad is a weekly column about the culture of Hispanics and Latinos in the United States, written by Greg Tejeda, a third-generation Mexican-American. Suggestions for topics can be made to gtejeda@upi.com.)

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