Subject: in-state residency

From: [email-masked] (Xiaozhong Wang)
Date: Fri, 28 Jan 94 10:08:14 CST

> Dear Mi Mi Sir:
> Would you forward this letter to ladnet for me since I have troubls to post it.
> 
> Dear Folks:
> My wife is a Lad. and her request for in-state residency status was 
> denied by the admission  officer and president in a public college.
> The reason is that her application of PR is not granted. Now she like
> to appeal to State Board of Education which provided the in-state
> policy and if denied again we will bring this to the court.
> 
> My main argument is following.
> In 1978 for the Case Elkins v. Moreno , 435 U.S. 647
> The Supreme Court of the United States ruled that the University 's 
> in-states policy should apply to those aliens who can seek their
> permanent domiciles in the United States , (i.e. who are exempt from
> having a foreign permanet residence requirement by the Congress , in this
> particular case G-4 visa holders do not have such requirement set by 
> Congress ) .
> 

I think a more strong argument is residency by marriage.  Depending on the
public college's policy, most of them have a special provision on this.  The
root of this policy is, again the 1976? decision of the supreme court
against University of Conn.  Some of them may still require the spouse be a
permanent resident, but most of them don't.  I have seen a catology of a
public University in Illinois state that the spouse of a state resident,
regardless of nationality, will be considered as in-state resident for the
purpose of tuition determination.

> I am not quite clear the difference between ordinary lawsuit and 
> class action lawsuit? Any comment on this subject, such as legal
> fee, qualified lawyers, which court ( small claim
> court ? ), are wellcome.
> 
Don't know much of the process, but it will definately not be in a small
claim court. 

> Thank for your attention.
> 
> R.DING
> [email-masked]
>

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From: Heshun Chen <[email-masked]>
Date: Sat, 29 Jan 94 17:18:09 CST

> > Thank for your attention.

It seems to me different state (maybe state-university) has totally
different policy on in-state residency tuition determination.  I know The
University of Kansas can allow in-state tuition to spouse of foreign
TAs, RAs. While the University of Iowa require a granted permenant resident
have lived in Iowa for more than 1 year without being a full-time student. I
have interest to pursue this issue (LAD in-state tuition) in Iowa later this
year. Anyone has any experiense, advise, or willing to work together will
be appreciated very much.   
Thanks a lot. 
H.C.