<p>Dear bclintok, you are the one making things up as you think they supposed to be. I bothered to read the actual forms and statutes which state that ABOR guidelines are based on the AZ statutes, which in turn state they are based on both state and federar law (aka the enumerated rights of the federal government as assigned by the US constitution). We are a country of laws, not street law or jungle law, or do you know who I am law. ASU does give a hoot about the legal classifications and the school is mandated by both state and federal law to follow. That’s also the beauty of our legal system, if someone is ignorant of the law and applies it incorrectly, the affected individual has a legal venue to go and appeal the original decision. </p>
<p>At the end, we find out that the issue was because the OP put his uncle as a guardian. As I said before, the different CC threads about the issue in question rarely have all the facts stated and we can only comment on the limited information presented.</p>
<p>BTW, it does not matter whether the guardian is a resident/citizen of a foreign country in order to be awarded guardianship of a minor. The issue is only which court has jurisdiction and this is determined based on where the child had lived the last six months, and whether there is a standing order from another court that initial custody was determined. That’s in both federal law and the Hague Convention that the USA both signed and ratified so it is the law of the land. The issue here is that his uncle, as an ilegal citizen could not go to court, if he wanted to stay in the USA and not be arrested and deported. If the OP’s parents were not divorced, it did not matter whether his dad supported him financially or not. He could have put the dad’s name as the law assumes that custody is shared equally among married parents. If his parents were never married and neither had never been in a court to establish custody, the mom is assumed by law to have sole physical and legal custody. (Just for the father to sign the birth certificate does not confer upon him any custody rights.) If the OP’s mother had been in the USA legally while residing in AZ, then the OP could have claimed her as his legal guardian and as long as she had not remarried or obtained a job with the Mexican government, then she would have maintained her AZ status, as would the OP because they never established a domicile anywhere else. Also, the ASU form that lists which documents can be used to prove residency and legal status, also state that these are “the most common ways” not that they are the only documents accepted. The form has an option that just requires for the applicant and his resident parent to file an affidavit that they have never established “domicile” anywhere else and have never abandoned their AZ domicile. (From ASU residency guidelines “Absence from Arizona alone will not result in a loss of Arizona residency once established, unless the absence is accompanied by actions which indicate intent to establish a new domicile.”) If the OP had listed the parent and was denied, then he could have appealed the initial decision. </p>
<p>As happymomof1 has suggested, the OP needs to go and see either the residency coordinator to advice him on how to complete the forms, or to a Hispanic student advocacy group to help him. </p>
<p>Masta2ska, if you are denied, you should appeal, not just accept it as the final decision. Always know your rights and read original documents, not how it is summarized and distilled. Frequently there are many exceptions, left and right. Just because nobody had requested the exception to be applied at his status before and the employee has not been familiar with it does not mean that you do not have that right. You did take good steps by registering to vote and obtaining a driver’s licence. They are not absolutely needed, but they do make it easier to prove residency.</p>