Residency

I have lived in NJ for 16 years legally, with all the correct paperwork except I do not have a green card. Therefore, I have to pay out of state tuition. If I petition for residency will I have a chance or is that option only fixated on illegals?

You’re living in NJ under some visa (like a J-3 exchange visitor visa, H4 dependent of a H-1B visa holder, diplomatic visa) that allows you to live in the US without being considered a permanent resident.

It looks like NJ is very strict and that you are not considered for in-state tuition if your visa classification is in one of the listed categories:
http://admissions.rutgers.edu/Libraries/Downloads/non-resident-affidavit.sflb.ashx

Some states (like NY) are much more flexible, but this is a state-by-state decision. From New Jersey’s perspective, you’ve been a guest, not a resident.

Have you looked at college options in the country for which you hold a passport?

I hate to ask the obvious question…but if you and your family have been here for 16 years, why haven’t you applied for permanent residency status long before now?

@thumper1 – you’re not eligible for permanent residency consideration if you’re here on certain visa statuses. On e of my students was on a J-3 because of his father’s position at the university, and he was not eligible to apply for permanent residency without returning for several years to his home country.

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1950 SATs
3.445 w gpa
A bunch of extracurriculars


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In another thread you posted that you’re instate for NJ. That’s not really accurate if you wont’ get instate tuition or get accepted thru the domestic application channels.

What are your parents saying about how much they’ll pay?

Does NJ charge instate rates to students who graduate from their HS’s?

edited to add…I see that NJ won’t give instate rates to their HS students if they’re here on Visas. I guess that’s to avoid giving instate rates to people living in NJ while parents work for the UN or whatever.

We have applied for permanent residency, it’s a long process. We r in the last stage, but due to the backlog in the system this stage may take us a good 2-3 years to get a greencard. Therefore, I was wondering whether due to our case, if we spoke to the financial aid services would there be a chance for me to be considered for residency. Since in Rutgers they have released a lot of applications for non-residents.

My top choice is Rutgers but TCNJ has given students like me instate tuition. So if Rutgers does not work out, I will most likely go to tcnj

You have to contact Rutgers about their residency policy. This is something that can change at any time, so you need to get the information directly from them.

Good luck with everything!

I thought NJ did give undocumented students who attended and graduated from NJ high schools in-state tuition. I know they are (or at least they were several years ago) more generous than PA, for example, in offering in-state tuition to students who attended high school within the state. It ought to be spelled out on the Rutgers or TCNJ websites. Otherwise, you should call or e-mail someone in the admissions office.

^But wouldn’t undocumented mean something different than legally in the U.S. on a visa as far as that instate tuition comment?

OP is not undocumented.

The OP will need to scrutinize the website. I might not have understood all the vagaries of NJ’s policies, and they might have changed. We are NJ residents, and our kids attended a private secondary school in PA. I know that several years ago, people in the opposite situation would have been eligible for in-state tuition at NJ public colleges, but the rules were not reciprocal. Rutgers might challenge residency, but I think (unless they’ve changed things) that the OP should qualify as long as they can prove ongoing residency in NJ. Don’t take my word for it, though, please!

Amazing how those who flout immigration rules get rewarded, and those who play by the rules get the stick.

Not sure why you’re saying that, GMTplus7 – why should a child of a post-doc admitted under an exchange visitor visa get in-state tuition when a student from a neighboring state has to pay out-of-state tuition? Why should a diplomat’s child get in-state rates?

There are a lot of countries that don’t provide resident rates for students living in the country in certain visa statuses. This is not unique to NJ.

We’re not talking about people residing in a different state, we’re talking about residents in the state: one set residing in the US legally, and the other residing in the US illegally.

But they’re not residing in the state from a legal perspective – they’re just long-term visitors. In some cases, very long term. Many other countries have similar setups.

If what you’re trying to do is bash undocumented students, I think that belongs in the (now closed) politics forum.

Of course legal visa holders are residing in the state legally; otherwise, they’d be subject to deportation. Colleges just elect to exclude the legally residing aliens from instate rates.

And the people who entered on a tourist visa and overstayed, ostensibly arrived as visitors.

Sure! But how many countries provide resident rates for illegal aliens?

@OP, I don’t usually advise doing something illegal. But in this case, there seems to be only carrots if you are an illegal alien, and only sticks of you are a legal one. I suggest u look at the DACA rules and weigh whether u are better off being illegal.
http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca

Yes in a legal perspective we are Long term visitors which is why this situation sucks. We own a house in NJ and have for past 8 years and the other years we lived in an apartment. The immigration system sucks at the moment so we are under backlog to get a greencard. But we are paying taxes, my parents and I are working, and I plan on going to college in NJ. So it sucks because we can easily prove our ongoing residency but because Rutgers has not released paperwork for students in my situation, only for students under illegal situations I will have to pay out of state most likely (if nothing changes or Financial Aid services do not help) and undocumented students will be able to pay in state. I’m not bashing on undocumented residents; they deserve a future as well. But I’m stating the fact that I’m legal and I’m planning to stay in NJ but I still have to pay double to money. I was wondering if anyone in the same frustrating situation as me has had the luck to get in state in Rutgers.

He wasn’t bashing undocumented. What he said makes sense. I am playing by the rules so the speak and yet individuals who don’t are getting the chance to pay instate tuition. I have been brought up in NJ since I was 1 LEGALLY. Yet in a legal perspective I am considered a visitor when the only difference between me and my classmates is that I was born in a different country. Immigration system sucks. Yes u r right about very long term because even though I feel as if I am an American citizen who has volunteered over 500 hours and learned about the history of this country, I am still considered an outsider.

When did you start the process of applying for permanent residency status? Two years ago? Ten years ago? You have been here on a visa for 16 or more years. It doesn’t take that long to gain permanent residency status.