<p>@Swimcatsmom: ROFL. You just posted what I was thinking. Well, you posted it a bit more politely than I was thinking…</p>
<p>dont be stupid. dont give them your green card at all. just say you are illegal. dream act just passed so you will get financial aid and instate tuition</p>
<p>[California</a> allows college aid to illegal immigrants - Yahoo! News](<a href=“http://news.yahoo.com/california-governor-signs-controversial-dream-act-191902671.html]California”>http://news.yahoo.com/california-governor-signs-controversial-dream-act-191902671.html)</p>
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<p>The OP did not attend high school in California so would not be eligible even if he/she were undocumented.</p>
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<p>ilikepizza, </p>
<p>Character is who you are when no one is watching. What is really ok about giving someone advice to willingly commit fraud? What will your answer be when the student gets dismissed for misrepresentation and loses his green card?</p>
<p>ummm @ ilikepizza i think that’s illegal so… o_o</p>
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<p>As permanent residents the OP’s parents have to physically reside in the U.S. for a minimum number of months a year in order to maintain that status, and because they reside here, I would’ve expected them to fill out tax returns. </p>
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<p>If your parents are still paying for electricity, internet, and rent here in California, then there’s a chance you can find a way to obtain state residency. </p>
<p>Be more assertive and talk to your school’s financial aid office right now to figure out exactly what forms you need to fill out and what documents you need to provide. If you state clearly and politely that your parents are confused as to what criteria defines state residency, I don’t see why the FA office wouldn’t provide you with more information. Don’t offer more on your family’s situation than you need to, but do ask for them to explain.</p>
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<p>That is not correct. If they are overseas for a valid reason they do *not *have to physically reside in the US for a minimum number of months a year. (I am a green card holder) </p>
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A green card holder is legally required to file a US tax return whether they reside here or not (assuming they meet other requirements - income amounts etc). The tax return will show that the income is earned overseas so will prove they do not reside in the US. Also any foreign earnings tax credits claimed on the return will show that they live out of the country.</p>
<p>I know a lot of US citizens who have been working overseas. They are not eligible for instate tuition.</p>
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<p>Good point. That does give it away, unfortunately.</p>
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<p>Really? That’s wonderful news. I always thought that residing overseas consecutively for more than a year means automatic forfeit of the green card.</p>
<p>cherryarrow, the information you’re looking for is all outlined here:</p>
<p>[Establishing</a> California Residence for Tuition Purposes, Office of the Registrar](<a href=“404 - Page Not Found”>404 - Page Not Found)</p>
<p>Although an initial establishment of residency 366 days prior to the term is required, once your parents can proof that they’ve been “physically present” for one year, continuous physical presence is not mandatory as long as they can proof that they have the intention to remain as California residents. Perhaps your parents can work this into their work plans somehow. Good luck with everything.</p>
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No. I had an Argentinian friend married to a US citizen. She had a green card and they lived in England for several years for his job. They did all the right things including filing tax US returns and they did make periodic visits to the states. I think she did have to jump through some hoops one time when she did not re enter the country within a year. But it was never their intent to establish permanent residency overseas and she was able to retain her green card.</p>
<p>On the other hand I have a close friend whose Mom lived in the US for 30+ years and had 2 children who are US citizens. When her (American) husband died, she returned to Japan. She still had financial and family ties in the US but had no intention of returning. She was gone 5 years without returning and did lose her green card. When she decided to return to be close to kids and grandkids and had to reapply.</p>
<p>So it is a fine line.</p>
<p>Yup, lots of hoops. Happydad used to file for a re-entry permit each year on the off chance that we might not travel back here within 12 months. His sister was assigned overseas without enough time to process the re-entry permit (with the new USCIS regulations it now takes a lot more time) and was advised by her immigration lawyer to travel back to the US at least every six months. Keeping the number of days in the US large enough to maintain her legal residence, but small enough to still qualify for the foreign earned income exclusion on her taxes has been a real challenge.</p>
<p>yes they are still, and thank you :)</p>