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.
Simon Y. Sandoval-Moshenberg, Esq.
(703) 684-1100
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

parents  no Virginia domicile
 You need to prove that you do have Virginia domicile,
even though your parents cannot
 Undocumented


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) 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.