Simon Y. Sandoval-Moshenberg, Esq. (703) DACA and In-State Tuition in Virginia Information accurate as of May 19, 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 be upgraded 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 classes  Student 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 ID  No 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) … 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   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.