Policy Guidelines for Determining Residency of Aliens
[pic]
Pamela P. Willeford
CHAIR
Martin Basaldua, M.D.
VICE CHAIR
Jodie L. Jiles
SECRETARY OF THE BOARD
William C. Atkinson
Dolores Hutto Carruth, M.D.
Ricardo G. Cigarroa, M.D.
Kevin P. Eltife
Raul B. Fernandez
Robert I. Fernandez
Cathy Obriotti Green
Gerry Griffin
Carey Hobbs
Steve Late
Adair Margo
Leonard Rauch
Hector de J. Ruiz, Ph.D.
Robert W. Shepard
Terdema L. Ussery II
Don W. Brown
COMMISSIONER
OF HIGHER EDUCATION
512/ 427-6101
Fax 512/ 427-6127
Web site:
DATE: March 7, 2001
TO: Registrars
Admissions Officers
Chief Fiscal Officers
FROM: Don W. Brown
SUBJECT: Policy Guidelines for Determining Residency of Aliens – 3rd Memo
During the past year, we have completed an extensive review of the statutes, rules and Attorney General Opinions dealing with the ability of aliens to establish residency for tuition purposes in Texas. Based on these studies, we have issued two memoranda dealing with this subject. The first was dated August 11, 2000; the second was dated December 15, 2000.
Although we dislike being redundant, we feel it is best that all policy decisions be housed in one document, so we are sending you this memo to (1) recap the information included in the earlier memos and (2) add recently received information (shown in bold type) that further clarifies the process, documents and visa types related to classifying aliens for tuition purposes.
Effective Date of Policy Changes
The policies included in this memo are in effect at this time. We realize that many institutions are beginning to register students and make residency determinations for the summer and fall semesters. We ask you to make adjustments for eligible students who provide proof that they qualify for residency under these criteria.
The guidelines are presented in a table that includes the current Board rule, identifies any changes in the way that rule has previously been interpreted, and describes the documentation needed to prove that a student qualifies for residency.
Students Whose Visa Classifications Change
Many institutions have advised us that some students allowed to register as residents based on their visa classifications at the beginning of the Fall term now hold visas that do not allow them to domicile in the United States (for instance, they changed from an L-2 to an F-1 visa). In our December memo we said that since these changes can apparently occur at any time, you should check the CURRENT status of your non-immigrant alien students prior to each semester to make sure they are currently holding an eligible visa type before you classify them for a specific term.
We recently met with our Residency Advisory Committee, and it was pointed out that each student signs an oath of residency when he/she is admitted, which includes a
Memorandum
March 7, 2001
Page two
commitment to advise the college if his/her residence status changes. Therefore, we now advise you that when a student advises you of a change, you must act on it. However, you are not obligated to check each student each semester.
As in our August memo, we are including two appendices that clearly identify the eligible visa categories and the steps in the application process for permanent residency. We hope that this will enable you and your staff to identify qualified students more easily.
As always, if you have any questions, please call us.
Enclosures
cc: Chancellors and Presidents, Public Institutions of Higher Education
Policy Guidelines
for Alien Students to Establish Residency for Tuition Purposes
BACKGROUND
Basic Residency Requirements
According to Texas Education Code '54.052 and Coordinating Board Rules '21.39, all individuals and families coming to Texas must meet the following basic residency requirements before they can be considered residents for tuition purposes. The following requirements are for the student if he/she is independent or for the parent, if the student is a dependent:
1. Residence in Texas for at least 12 months;
1. Establishment of a domicile in Texas (12 months’ physical presence in the state with the intent to make it your permanent home); and,
3. Gainful employment in the state for 12 months.
Additional Requirement for Alien Students
Texas Education Code '54. 07 provides:
“Aliens. An alien who is living in this country under a visa permitting permanent residence or who has filed with the proper immigration authorities a declaration of intention to become a citizen has the same privilege of qualifying for resident status for fee purposes under this Act as has a citizen of the United States . . . “
Attorney General Opinion JM-241 provides:
“Under the Supremacy Clause of the United States Constitution, aliens who are permitted by Congress to adopt the United States as their domicile while they are in this country must be allowed the same privilege as citizens and permanent residents of the United States to qualify for Texas residency for purposes of tuition at state universities, despite the limitation in section 54.057 of the Texas Education Code.”
CURRENT COORDINATING BOARD RULES, NEW GUIDELINES, AND DOCUMENTATION
Rules, Policies and Documentation. The following table is a presentation of current Coordinating Board Rules regarding residency for alien students. New information (as of February 2001) is shown in bold type.
| | | |
|Current Rule |Policy Changes or Additions |Documents |
| | | |
|21.33 (a). Aliens living in the United States under a visa |Earliest Point of Eligibility |Permanent residence may be documented by (1) a passport stamp |
|permitting permanent residence, and aliens who are permitted by|(1) If an Immediate Relative is the alien’s sponsor, an |with a notation that lawful permanent residence, or conditional|
|Congress to adopt the United States as their domicile while |individual may be treated like a permanent resident as soon as |permanent residence has been granted; (2) Form I-94 with a |
|they are in this country and aliens who have filed with the |his or her Notice of Action Taken[1] or fee/filing receipt is |notation that lawful permanent residence or conditional |
|proper federal immigration authority a declaration of intent to|issued by INS and the individual files a visa petition and/or |permanent residence has been granted; (3) a court order from |
|become a United States citizen have the same privilege of |an Application to Register Permanent Residence or Adjust |the immigration judge or the Board of Immigration Appeals |
|qualifying for Texas resident status for tuition purposes as do|Status. |(BIA), granting cancellation of removal, registry, adjustment |
|citizens of the United States. The Immigration and |(2) If Other Relatives or Employers are the alien’s sponsors, |of status or conditional permanent residence; (4) an order from|
|Naturalization Service has identified the following categories |an individual may be treated like a permanent resident when his|INS [or the Board of Immigration Appeals] granting registry or |
|of foreign students as being eligible to establish domicile in |or her Notice of Action Taken1 or fee/filing receipt is issued |adjustment of status; (5) a fee receipt from INS for an |
|the United States, however, if an individual provides proof |by INS, the priority date is reached, AND the individual files |application for: adjustment of status; registry; a visa |
|from the Department of Justice or Immigration and |an Application to Register Permanent Residence or Adjust |petition (plus proof of current availability of visa); NACARA, |
|Naturalization Service that the visa he/she holds has been |Status. |HRIFA or Cuban Adjustment Act benefits; (6) I-551 (resident |
|granted eligibility to establish a domicile in the United |(3) If an individual files an application for cancellation of |alien card) or document showing extension of this card; (7) |
|States, such individuals may be granted the same privileges in |removal or adjustment of status under the Nicaraguan and |letter from INS showing approval under the visa diversity |
|establishing Texas residency for tuition purposes. |Central American Relief Act (NACARA), Haitian Refugee Immigrant|(lottery) program. |
| |Fairness Act (HRIFA) or the Cuban Adjustment Act, and has been | |
| |issued a fee/filing receipt or Notice of Action by INS, he/she |Notice of Action Taken is a document issued by INS when a |
| |may be treated as a permanent resident. |sponsor’s Petition for an alien has been approved. |
| |(4) If an individual has filed for adjustment of status (8USC | |
| |1255); or under the “registry” program (8 USC 1259); or the |The Application to Register Permanent Residence or Adjust |
| |Special Immigrant Juvenile Program, and has been issued a |Status is form I-485. |
| |fee/filing receipt or Notice of Action by INS he/she may be | |
| |treated as a permanent resident. |The application for cancellation of removal or adjustment of |
| | |status under NACARA is form I-881. |
| | | |
| | |Applications for registry, cancellation of removal, NACARA, |
| | |HRIFA, and Cuban Adjustment Act are all applications for |
| | |permanent residence. |
| | | |
| | |Eligibility of a nonimmigrant to domicile in the U.S. is |
| | |documented by a visa of an approved type (see list in Appendix |
| | |2). |
| | | |
|Current Rule |Policy Changes or Additions |Documents |
| | | |
|(1) Holders of visas with A-1, A-2, G-2, G-3, G-4, K, |Add the following visa types as eligible to establish a |Visa of the named type.[2] |
|OP-1classifications; and |domicile in the U.S.: A-3, E-1, E-2, G-5, H-1B, H-4 dependents| |
| |of H-1B, I, L-1, L-2, NATO 6, NATO 7, O-1, O-2, O-3, R-1, and | |
| |R-2. | |
| | | |
|(2) Individuals classified by INS as Refugees, Asylees, |Add the following groups as eligible to establish residency in |Visa or I-94 card with appropriate stamp; I-551, I-766 or I-688|
|Parolees, Conditional Permanent Residents (holding I-551 cards |Texas: Persons holding Temporary Protected Status; and Spouses|cards; order or decision from the Court, the Board of |
|which have not expired), and Temporary Residents (holding I-688|and Children with approved petitions under the Violence Against|Immigration Appeals, or the INS. |
|cards which have not expired). |Women’s Act (VAWA )[3]; Special Agricultural Workers; | |
| |[Applicants for adjustment of status under the Haitian Refugee |Notice of Action, or letter from INS showing grant of deferred |
| |Immigrant Fairness Act (HRIFA), under the Nicaraguan and |action status. |
| |Central American Relief Act (NACARA)[4], or under the Cuban | |
| |Adjustment Act] individuals granted deferred action status by | |
| |INS. | |
| | | |
|Current Rule |Policy Changes or Additions |Documents |
| | | |
|(b) A declaration of intent to become a citizen, according to |No change | |
|the United States Department of Justice, may only be filed by | | |
|the following four groups: (1) permanent residents; (2) aliens| | |
|lawfully admitted for temporary residence under section 245 A | | |
|(a) (1) of the Immigration and Naturalization Act (holders of | | |
|I-688 cards which have not expired); (3) aliens admitted as | | |
|refugees; and (4) aliens granted asylum | | |
| | | |
|(c) An individual who enters the state under a visa which does|Institutions may consider an alien’s 12-month period to have |Relevant date is the date the student paid a fee to file |
|not allow the establishment of a domicile and who obtains |begun when he or she entered the state. The student must |his/her I-485 Application to Register Permanent Residence or |
|permanent resident status while in Texas may not be |attain the step we refer to on page 2 as ”Earliest Point of |Adjust Status or |
|reclassified for tuition purposes until he or she has been |Eligibility” before his/her time in Texas is relevant, but once|I-881 application for Cancellation of Removal or NACARA. |
|granted permanent resident status and has resided in Texas a |that step is achieved, all time spent in the state may be | |
|minimum of 12 consecutive months from the date on which he or |counted. | |
|she applied for permanent resident status. | | |
| | | |
|Current Rule |Policy Changes or Additions |Documents |
| | | |
|(d) Family Unity Program. A noncitizen residing in Texas |No changes. | |
|under the Immigration and Naturalization Service’s (INS) Family| | |
|Unity Program may qualify to pay the resident tuition rate. | | |
| | | |
| | | |
|(1) A noncitizen is eligible to apply for benefits under the | | |
|Family Unity Program if he or she entered the United States on | | |
|or before May 5, 1988 and has been residing in the United | | |
|States since that date; and if he or she was the spouse or | | |
|unmarried child of a legalized alien at the time of first | | |
|application. [as of that date and continues to be so.] | | |
| | | |
|(2) An individual proving his/her eligibility should provide | | |
|an institution two Immigration and Naturalization Service forms| | |
|I-797, one which indicates an INS-approved “Application for | | |
|Voluntary Departure under the Family Unity Program,” and the | | |
|other which must indicate either an INS-approved “Immigration | | |
|Petition for Relative” or a “Visa Petition for Spouse.” | | |
| | | |
|Current Rule |Policy Changes or Additions |Documents |
| | | |
|Family Unity (con’t.) |No changes. | |
| | | |
|Since INS may cancel eligibility for the Family Unity Program | | |
|at any time, it is necessary that institutions confirm the | | |
|student’s current INS status each time he/she registers. | | |
|(3) To [comply with the provisions of the Family Unity Program| | |
|and] qualify to pay resident tuition rates at Texas | | |
|institutions, the parent or spouse must have established a | | |
|domicile in the State of Texas. | | |
| | | |
| |Undocumented Aliens. Although these students are eligible to | |
| |attend public institutions of higher education in Texas, they | |
| |must be considered nonresidents for tuition purposes. | |
Appendix 1
Earliest Point of Eligibility for Aliens Applying for Permanent Residency
Coordinating Board staff reviewed the process of applying for permanent resident status to identify the earliest point in time when an individual applying for permanent residence has a legal right to permanent residency. The steps for applying for permanent residency are different for persons being sponsored by an immediate relative, other family members, or by employers; therefore, the point in time when the individual qualifies for residency differs.
INS identifies the following groups as AImmediate Relatives:@
0. Spouses of U.S. citizens. This includes widows and widowers of U.S. citizens if they were married to the U.S. citizen for at least two years and are applying for a green card within two years of the U.S. citizen=s death;
1. Unmarried people under the age of 21 who have at least one U.S. citizen parent;
2. Parents of U.S. citizens, if the U.S. citizen child is over the age of 21;
3. Stepchildren and stepparents, if the marriage creating the stepparent/stepchild relationship took place before the child=s 18th birthday, or
4. Parents and children related through adoption, if the adoption took place before the child reached the age of 16.
Listed below are the sequences that aliens, sponsored by immediate relatives, other relatives or by employers, must follow to obtain permanent residency. The point at which the individual qualifies for residency for tuition purposes is identified.
Aliens Sponsored by Immediate Relatives
(No Quota set by INS)
1) U.S. citizen family member files a Petition for Alien Relative (I-130).
2) (Optional) INS issues a Notice of Action Taken (I-797), indicating the petition has been approved.[5]
3) The sponsored alien files an Application to Register Permanent Residence or Adjust Status (I-485). [Student can be treated as if permanent resident status has been granted.]
4) INS processes the Application.
5) INS issues the Alien Resident Receipt Card.
Aliens Sponsored by Other Relatives
(Subject to Quotas set by INS)
1) U.S. citizen family member files a Petition for Alien Relative (I-130).
2) (Optional) INS issues a Notice of Action Taken (I-797), indicating the petition has been approved.
3) The alien is placed in a queue, based on his/her Apriority date,@ (the date of his petition) and waits for a visa number to become available through the quota system.
4) The priority date reaches the top of the quota queue, and the alien acquires a visa number.
5) The alien files an Application to Register Permanent Residence or Adjust Status (I-485). [Student can be treated as if permanent resident status has been granted.]
6) INS processes the Application.
7) INS issues the Alien Resident Receipt Card.
Aliens Sponsored by Employers
(Subject to Quotas set by INS)
1) U.S. employer files Labor Certification papers with the U.S. Department of Labor.
2) U.S. employer files an Immigrant Petition for Alien Worker (I-140).
3) INS issues a Notice of Action Taken (I-797), indicating the petition has been approved.
4) The alien is placed in a queue, based on his/her “priority date,” (the date of his/her petition) and waits for a visa number to become available through the quota system.
5) The priority date reaches the top of the quota queue, and the alien acquires a visa number.
6) The alien files an Application to Register Permanent Residence or Adjust Status (I-485). [Student can be treated as if permanent resident status has been granted.]
7) INS processes the Application.
8) INS issues the Alien Resident Receipt Card.
_______________
6 In our August 11 memorandum and in an announcement made via the TACRAO list serve on November 14, we indicated that an individual who has filed an I-30 (Petition for Alien Relative) just wait until an I-797 (Notice of Action is Taken) is issued by INS before you can treat him/her as if she has been granted permanent resident status. We have recently found out that INS District Offices do not issue I-797s. Therefore, in order to treat these students fairly, we are CHANGING our requirements and advise you that if a student provides you with a fee receipt that indicates that he or she has been allowed to file an I-485, you may treat the student as if he or she has been granted permanent resident status. All you need to do is check for 12 months’ presence in the state and the establishment of domicile in Texas.
Appendix 2
Nonimmigrant (Temporary) Visa Categories
In the table that follows, a “Yes **@ in the third column indicates a visa classification that under this new policy is now being recognized as eligible to establish a domicile in the US. If a person is eligible to domicile in the United States, the person is eligible to establish residency for tuition purposes in Texas.
NOTE: Changes Have Been Made this Year Regarding O and H-4 Visa Holders
In August 2000 we indicated holders of H-4, O-2 and O-3 visa holders were ineligible to domicile in the United States. In December 2000 we announced that O-2 visa holders and their immediate family members holding O-3 visas are NOT eligible to establish a domicile in the United States. O-1 visa holders and their immediate family members with O-3 visas ARE eligible.
We also stated in December that holders of H-4 visas are eligible to domicile in the United States ONLY IF they are a child of an individual who holds a H-1B visa. THIS WAS AN INACCURATE STATEMENT. Holders of H-4 visas are eligible to domicile in the United States IF they are a dependent (which, by federal definition includes children AND spouses) of H-1B visa holders. These changes and corrections are incorporated into the list of visas provided in the attached Nonimmigrant (Temporary) Visa Categories table.
Questions and Answers Related to O and H-4 Visa Holders
1. When do the changes regarding O and H-4 visa holders go into effect?
For registrations for the spring 2001 term.
2. What if we have H-4 students that we charged nonresident tuition for fall 2000 or spring 2001? CAN we make refunds to them for those semesters?
You are not required to do so, but you MAY if your institution so wishes.
3. What about the O-2 students who got to pay resident tuition this fall or spring, but because of these changes will have to pay nonresident tuition this summer? Are they grandfathered in any way for the future? Do we have to go back and collect additional tuition from them?
Students are not “grandfathered.” O-2 visa holders and the immediate family members of O-2 visa holders simply had the benefit of one low-cost semester (Fall 2000). They were to pay the nonresident rate in spring and future semesters, but you should not charge them additional tuition for Fall 2000 since you acted in accordance with our August 11 memorandum. If you did not charge them the nonresident rate for Spring 2001, you should work with them to collect the additional tuition due for spring.
4. What will the auditors do if we change classifications at midterm?
You will not lose state funding for any hours if you made your determinations and charge students in accordance with the policy memorandum in effect at that time.
| | | |
|Visa Type |Appendix 2 |Eligible to Domicile in the|
| |Nonimmigrant (Temporary) Visa Categories |United States? |
| | | |
|A-1 |Ambassadors, public ministers or career diplomats and their immediate family members |Yes |
| | | |
|A-2 |Other accredited officials or employees of foreign governments and their immediate |Yes |
| |family members | |
| | | |
|A-3 |Personal attendants, servants or employees and their immediate family members of A-1 |Yes ** |
| |and A-2 visa holders | |
| | | |
|B-1 |Business visitors |No |
| | | |
|B-2 |Tourist visitors. Tourists from certain countries are permitted to come to the U. S. |No |
| |without B-2 visa under the visa waiver program | |
| | | |
|C-1 |Foreign travelers in immediate and continuous transit through the United States |No |
| | | |
|D-1 |Crewmen who need to land temporarily in the United States and who will depart aboard |No |
| |the same ship or plane on which they arrived | |
| | | |
|E-1 |Treaty traders |Yes ** |
| | | |
|E-2 |Treaty investors |Yes ** |
| | | |
|F-1 |Academic or language students |No |
| | | |
|F-2 |Immediate family members of F-1 visa holders |No |
| | | |
|G-1 |Designated principal resident representatives of foreign governments coming tot the |Yes |
| |United States to work for an international organization, their staff members and | |
| |immediate family members. | |
| | | |
|G-2 |Other accredited representatives of foreign governments coming to the United States to|Yes |
| |work for an international organization and their immediate family members | |
| | | |
|G-3 |Representatives of foreign governments, and their immediate family members who would |Yes |
| |ordinarily qualify for G-1 or G-2 visas except that their governments are not members | |
| |of an international organization | |
| | | |
|G-4 |Officers or employees of international organizations and their immediate family |Yes |
| |members | |
| | | |
|G-5 |Attendants, servants and personal employees of G-1 through G-4 visa holders and their |Yes ** |
| |immediate family members. | |
| | | |
|H-1B |Persons working in specialty occupations requiring at least a bachelor=s degree or its|Yes ** |
| |equivalent in on-the-job experience, and distinguished fashion models | |
| | | |
|H-2A |Temporary agricultural workers coming to the United States to fill positions for which|No |
| |a temporary shortage of American workers has been recognized by the United States | |
| |Department of Agriculture. | |
| | | |
|H-2B |Temporary workers of various kinds coming to the United States to perform temporary |No |
| |jobs for which there is a shortage of available qualified American workers | |
| | | |
|H-3 |Temporary trainees |No |
| | | |
|Visa Type |Appendix 2 |Eligible to Domicile in the|
| |Nonimmigrant (Temporary) Visa Categories |United States? |
| | | |
|I |Bona fide representatives of the foreign press coming to the United States to work |Yes ** |
| |solely in that capacity and their immediate family members | |
| | | |
|J-1 |Exchange visitors coming to the U. S. to study, work or train as part of an exchange |No |
| |program officially recognized by the United States Information Agency. | |
| | | |
|J-2 |Immediate family member of J-1 visa holders |No |
| | | |
|K-1 |Fiancé(e)s of U. S. citizens coming to the United States for the purpose of getting |Yes |
| |married. | |
| | | |
|K-2 |Minor, unmarried children of K-1 visa holders |Yes |
| | | |
|L-1 |Intracompany transferees who work in positions as managers, executives of persons with|Yes ** |
| |specialized knowledge | |
| | | |
|L-2 |Immediate family member of L-1 visa holders |Yes ** |
| | | |
|M-1 |Vocational or other nonacademic students, other than language students |No |
| | | |
|M-2 |Immediate families of M-1 visa holders |No |
| | | |
|N |Children of certain special immigrants |No |
| | | |
|NATO 1,2,3,4,5 |Associates coming to the United States under applicable provisions of the NATO Treaty |Section 54.057 designates |
| |and their immediate family members |these individuals as |
| | |residents for tuition |
| | |purposes |
| | | |
|NATO 6 |Members of civilian components accompanying military forces on missions authorized |Yes ** |
| |under the NATO Treaty and their immediate family members | |
| | | |
|NATO 7 |Attendants, servants or personal employees of NATO-1 through NATO-6 visa holders and |Yes ** |
| |their immediate family members. | |
| | | |
|O-1 |Persons of extraordinary ability in the sciences, arts, education, business or |Yes ** |
| |athletics | |
| | | |
|O-2 |Essential support staff of 0-1 visa holders |[Yes ** ] No |
| | | |
|O-3 |Immediate family members of 0-1 and O-2 visa holders |O-3 dependents of O-1 |
| | |holders Yes; O-3 dependents|
| | |of O-2 holders, No |
| | | |
|P-1 |Internationally recognized athletes and entertainers and their essential support staff|No |
| | | |
|P-2 |Entertainers coming to perform in the United States through a government-recognized |No |
| |exchange program. | |
| | | |
|P-3 |Artists and entertainers coming to the United States in a group for the purpose of |No |
| |presenting culturally unique performances | |
| | | |
|P-4 |Immediate family members of P-1, P-2 and P-3 visa holders. |No |
| | | |
|Visa Type |Appendix 2 |Eligible to Domicile in the|
| |Nonimmigrant (Temporary) Visa Categories |United States? |
| | | |
|Q-1 |Exchange visitors coming to the United States to participate in international |No |
| |cultural-exchange programs. | |
| | | |
|Q-2 |Immediate family members of Q-1 visa holders |No |
| | | |
|R-1 |Ministers and other workers of recognized religions |Yes ** |
| | | |
|R-2 |Immediate family member of R-1 visa holders |Yes ** |
| | | |
|S-1 |People coming to the United States to supply critical information to federal or state |No |
| |authorities where it has been determined that their presence in the United States is | |
| |essential to the success of a criminal investigation | |
| | | |
|S-2 |People coming to the United States to provide critical information to federal |No |
| |authorities or court, who will be in danger as a result of providing such information,| |
| |and are eligible to receive a reward for the information | |
| | | |
|S-3 |Immediate family members of S-1 or S-2 visa holders |No |
| | | |
|TC |Professional under the Free Trade Agreement. Available only to Canadians under the |No |
| |Free Trade Agreement, prior to the passage of the North Atlantic Free Trade Agreement.| |
| | | |
|TN |Professional under the North American Free Trade Agreement. Is available only to |No |
| |citizens of Mexico and Canada. Professional under the North American Free Trade | |
| |Agreement. Is available only to citizens of Mexico and Canada. Under the North | |
| |American Free Trade Agreement a citizen of a NAFTA county may work in a professional | |
| |occupation in another NAFTA country. | |
|TD |Dependents of Professionals here under the North American Free Trade Agreement. Is |No |
| |available only to citizens of Mexico and Canada. Professional under the North | |
| |American Free Trade Agreement. Is available only to citizens of Mexico and Canada. | |
| |Under the North American Free Trade Agreement a citizen of a NAFTA county may work in| |
| |a professional occupation in another NAFTA country. | |
|V |Spouse or minor child of a legal permanent resident or US citizen whose application |Yes**[6] |
| |for permanent residence is part of the massive backlog of immigration work | |
-----------------------
[1] See Appendix 1 for a description of the sequence of activities and forms used to apply for permanent residence.
[2] Appendix 2 provides a full list of visa types, with an indication of their eligibility to establish a domicile in the United States.
[3] Research is underway regarding the ability of the following groups to have the same privileges as refugees or asylees:
Special Immigrants; and Persons approved for Withholding of Removal or deferral of removal under the Convention Against Torture.
[4] Although entitled the ANicaraguan and Central American Relief Act,@ this program applies to persons from Nicaragua and Cuba AS WELL AS eligible persons from Poland, Czechoslovakia, the former Soviet Union, Rumania, Yugoslavia or former Yugoslavia, Bulgaria, Albania, East Germany, Latvia, Estonia, Lithuania, Guatemala and El Salvador.
[5] In our August 11 memorandum and in an announcement made via the TACRAO listserve on November 14, we indicated an individual who has filed an I-30 (Petition for Alien Relative) must wait until an I-797 (Notice of Action Taken) is issued by INS before you can treat him/her as if she had been granted permanent residence status. We have recently found out that INS District Offices do not issue I-797s. Therefore, in order to treat these students fairly, we are CHANGING our requirements and advise you that if a student provides you with a fee receipt that indicates that he or she has been allowed to file an I-485, you may treat the student as if he or she has been granted permanent resident status. All you need to do is check for 12 months’ presence in the state and the establishment of a domicile in Texas.
[6] V-visa situation was clarified as of March 16. Holders may domicile in the US.
-----------------------
TEXAS HIGHER EDUCATION
COORDINATING BOARD
P.O. Box 12788 Austin, Texas 78711
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