Can I Study as an In-State Student While an I-485 Is Pending on an F-1 Visa?
As an international student on an F-1 visa studying in the U.S., navigating the complexities of in-state tuition can be quite challenging. This article will provide you with the necessary guidance and insights regarding your eligibility to study as an in-state student while your I-485 application is pending.
Eligibility Criteria
When you are studying on an F-1 visa, whether you can qualify for in-state tuition largely depends on your residency status and the specific state laws. In many cases, your eligibility is determined by the residency status of your parents, rather than your own status. However, the requirements can vary from state to state.
Florida Residency Requirements
Florida is one of the states where your eligibility for in-state tuition is contingent upon your parents' residency status. If your parents are Florida residents and have either U.S. citizenship (U.S. C)
Enrollment and Tuition Status
It is important to note that even if your parents are Florida residents, you will only be eligible for in-state tuition if your I-485 application is approved. During the pendency of your I-485, you will still be considered an international student and will be charged at the international student tuition rate. This is a common practice across many U.S. states.
Documentation and EAD
If your I-485 is pending, you may be eligible for an Employment Authorization Document (EAD) conditional on the approval of your application. However, this does not grant you the right to attend public institutions as an in-state student. The school retains the final decision on residency and the EAD alone is not sufficient evidence to prove residency.
Previous Experiences and State Variations
Some international students who previously attended public institutions on F-1 visas have later become U.S. citizens, indicating that the path to in-state tuition is often complex and depends on individual circumstances. Previous experiences can vary, and there are no guarantees that what worked for one student will work for another.
Conclusion
Ultimately, the decision about your eligibility for in-state tuition is made by the school, and they may require additional documentation such as an approval notice from USCIS. If you are a dependent and your parents are Florida residents, you might be eligible for in-state tuition. However, this is not a certainty, and you should plan to pay the international student rate.
Remember, the key is to ensure you have all the necessary forms and documents ready and to submit them on time. For the most accurate information, it is recommended to consult with your university's international student advisor or the state-specific requirements online.