Subject: CSPAers may get out-state-tuition refund from 1989!

From: [email-masked] (Mi Mi)
Date: Fri, 12 Nov 93 11:12:37 CST

Just want to probe the possibility that if we CSPAers may get out-state
tuition refund from 1989. 

Ever since President Bush accounced on 6/5/89, that all the Chinese Nationals
would not be forced back to China, we actually had temparory refugee status
to stay here in the U.S.. Like it or not, we were actually pronounced by the
Federal Government as refugees, although many of us would not like to accept
that. But, it clearly gave us another purpose to stay in the U.S., other
than "sole educational purpose", thus granted us the in-state-tuition
status. 

I believe we have a very strong legal ground to fight for the money back.

Any discussions and comments are welcomed.

For more information on this topic, please see the postings from
David Zhang, from CUNYVM.CUNY.EDU. We had telephone conversations on 
this topic, and it was very informative.

Mi Mi Sr.

Lads-Net Committee

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From: [email-masked] (Mi Mi)
Date: Fri, 12 Nov 93 21:01:27 CST

I just searched my schools library. In US Document Section, I found
"United States Supreme Court Digest". In volume 4, pp 418-419, 
Colleges and Universities, there are several cases.

U.S. Conn. 1973, Vlandis v. Kline, 93 S. Ct. 2230, 412 US 441, 
37 Lawyer's Edition 2d. pp 63

U.S. Md. 1982, Toll v. Moreno, 102 S Ct. 2977

I spent two hours on searching and photocopying. Most of time was spent
in waiting for the turn to use copy machine.

State is entitled to charge out-state-tuition if and only if the student's
sole purpose to stay in that state is educational. Clearly we had other
purpose which was described by E.O 12711. Period. (Vlandis v. Kline)

The second ruling is more complex, I will try my best to describe it to
you. It concerns a group of non-immigrant aliens, whoes purpose of staying
in that state is described by the first case, AND, all the tax treaties
still APPLY.

We need more study on this case. It is our money.  It is our right. 
Nobody will praise you if you do not want your money back. It is 
granted by United State Supreme Court. Law is on our side.

Thanks to all who answered my postings. I suggest we set up
a discussion group on this topic. If we are more prepared (and I
am sure we can) for the argument, we can present them to the school
authorities, and they will refund our out-state-tuition. I do not 
intent to sue my school. That is all.

I would appreciate it very much, if Wu Jun can set up a separat account
for our discussion purposes.

Mi Mi Sr.