Simon Y. Sandoval-Moshenberg, Esq. (703) 684-1100

DACA and In-State Tuition in Virginia

Information accurate as of May 19, 2014. This presentation is intended to provide general legal

information and is not a substitute for legal advice. Each case is different, and you should consult a qualified

immigration attorney if you have questions about your own DACA status. Notario publicos are not attorneys and

are not qualified to give you legal advice.

April 29, 2014: Atty. Gen. Herring

Who can qualify for in-state?

Had DACA for one full year prior to first day of class

You need to APPLY for

in-state tuition.

No-one’s tuition status will beupgraded automatically.

Qualifying for In-State Tuition in VA

Need to prove:Student has eligible legal status

DACA for one year prior to the start of classesStudent has Virginia domicile

“Present, fixed home . . . Intends to stay indefinitely.”

Clear and convincing evidence to rebut presumption that student shares parents’ domicile

Undocumented parents no Virginia domicile You need to prove that you do have Virginia

domicile, even though your parents cannot

New students: Apply for in-state tuition status along with application to college.

Continuing students: Need to apply to change domicile (tuition) status. Go to registrar’s office, tell them you’ve

had DACA for over a year and want to apply for in-state, fill out the form they give you, attach the documents they tell you to attach.

How to answer the questions?

“Visa Type,” “Citizenship,” etc: “DACA” “Expiration date:” “DATE, but indefinitely

renewable.” “Parents provide over half of your financial

support?” “Are you receiving federal financial aid?” “Why did you initially move to Virginia?

“To live here permanently” – GOOD answer “To get an education” – BAD answer

“Do you presently intend to remain indefinitely?”

What documents to attach?

Rule #1: Give them whatever they ask for.

Rule #2: If you don’t have something they ask for, given them something else, and explain why you don’t have what they asked for.

Examples of documents to attach

Proof of DACA: Copy of I-797C Notice of Action; work permit with (c)(33) code

Proof of Virginia domicile: VA high school transcript or diploma VA state tax returns VA driver’s license / car registration Lease or title to house, or letter from

landlord/parents Cell phone bills, bank statements PAYSTUBS

All of these documents should go back one year

Optional: Brief one-page personal statement *(NOVA does

not want)My name is Simon Sandoval-Moshenberg. My

parents brought me to Virginia when I was four years old, to live permanently. I went to school in Virginia, and most of my family and friends are in Virginia. I am involved in the following

community activities in Virginia / I am a member of the following churches, community

organizations, etc... I work at XXX job in Virginia, and pay Virginia state taxes. (OR: This

is my first year working, and I am having VA state taxes withheld.) I consider Virginia my

only home and plan to remain here indefinitely after graduation.

NOVA: “Notarized letter from parents stating exact date you

moved to VA”To Whom It May Concern: I write to confirm that my son/daughter, NAME, moved to Virginia on DATE. Sincerely, PARENT’S NAME.Can notarize at bank; need IDNo need to pay a notario publico to prepare the letter – you can do this yourself.

Undocumented parents?

Answer all questions honestly, including questions about parents’ legal status. Schools will not report to ICE/law enforcement

“Legal status” – None. “Why did you move to VA?” – “To live

here permanently.” “Employment” – Include all, even if off-

the-books

MD driver’s license?

If you (DACA student) have, or ever had, a Maryland driver’s license, RETURN IT TO THE MARYLAND DMV IMMEDIATELY. Don’t just throw it out / toss it in a drawer.

Answer all questions honestly . . . But there’s no need to volunteer information that you aren’t asked.

“Do you have a driver’s license? If so, from what state?”

DEADLINES MATTER.

Each school has its own deadline for each semester.

If deadline is approaching, FILE SOMETHING – even if just the form and a copy of your DACA approval – you can add documents later.

What if my in-state tuition request is still pending as of the first day of classes?

What to do if denied? Check your mail every day. Deadlines are short, and extremely strict. FILE YOUR OWN APPEAL before the deadline.

Each school has its own appeal form – different form from original application

Call Legal Aid Justice Center, (703) 778-3450… but don’t wait to hear back from us before you appeal.

FAFSA?

Other statuses? Green card, TPS, A, E, G, H-1B, H-4, K, L, P, R, T,

U, asylum, refugee, withholding of removal, pending I-485

www.schev.edu/students/vadomicileguidelines.asp

DACA renewal? 4 months prior to expiration Bring renewal receipt, and new DACA approval,

to registrar’s office to update your file

Q: I haven’t yet applied for DACA, can I still apply for DACA?

A: YES Do it now! Don’t wait until you graduate high school –

because you will have to wait about 1½ years (½ year processing time, then one year with DACA status) before you can qualify for in-state tuition.

Questions?

Special thanks to Jorge Velasquez(George Mason U. ‘14, Mason DREAMers)for designing this presentation.