Establishing Residency in California on an E-2 Visa to UCSB

Hey guys, I have submitted my SIR and SLR to UCSB for the Fall of 2019. I am currently uneasy about the results of my request for residency for tuition purposes. Here is my situation.

I am currently in California under an E-2 visa dependent (Treaty Investor - child). I have been living in California since December 28, 2015. My parents have made California their permanent home and have been paying taxes since our arrival.

We are currently filing for an EB5 (I-526), but have not yet been approved and hence do not have a I-485 to provide the school.

I have attended a California High School for almost three and a half years and will graduate from one.

Should I qualify for in-state tuition? I’m really worried because it will be a deciding factor for whether or not I attend. My parents cannot afford to pay the out-of-state tuition and we can’t get federal aid since I do not have a SSN, but I do have a Tax ID #. If anyone has advice for how I can help out my parents pay for college in this situation. I’d love to know.

To sum it up my 2 questions: Should I qualify for in-state tuition? What ways can I help support my parents financially?

Thanks.

E-2 visa holders are eligible for residency for tuition purposes (note this is not AB-540 qualification based on graduating from a CA high school). See https://www.ucop.edu/general-counsel/_files/ed-affairs/uc-residence-policy.pdf

I assume your parents satisfied the physical presence test (not absent from the state for more than 6 weeks in a one year period) and are filing taxes as CA residents? You are not eligible to work until your status is adjusted. Hopefully that will happen before you turn 21. If not then that may be a problem for remaining in the US.