现在是 H1B 第一年,已经工作和缴税快两年。最近想要 Part Time 读一个 Public School 的 Master Degree,但是学校的政策是 H 签证不 qualify In State Tuition。我有什么办法通过法律途径 Argue 或者 Appeal 吗?感谢!
下面是学校回复的原话:
You are classified as a domestic non-resident student. Unfortunately, students that are here on an H visa type are not eligible to be classified as residents for tuition purposes until they have applied for permanent resident status and can provide a copy of their I-485 receipt notice. The H visa is a non-immigrant visa that requires the holder to maintain foreign domicile (as a condition of the H visa). Federal law does permit the holder to have "dual intent" for the limited purpose of applying for permanent residency. To get this benefit, the student must submit an "Application to Adjust to Permanent Resident Status" (form I-485).
This is also reflected in ABOR policy, 4-203-D, which says, "an individual who does not hold a visa that requires the individual to maintain a foreign domicile or that otherwise prohibits establishing domicile in Arizona shall be classified as a resident" if they meet residency classification requirements (as stated in ABOR 4-203). It sounds like you might otherwise qualify for the Independent Student petition, but having an H visa type would preclude us from classifying you as a resident for tuition purposes.