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Q: International Student in California, resident fee / a US resident (green card) ( Answered,   0 Comments )
Subject: International Student in California, resident fee / a US resident (green card)
Category: Miscellaneous
Asked by: greencard-ga
List Price: $50.00
Posted: 18 Dec 2005 00:53 PST
Expires: 17 Jan 2006 00:53 PST
Question ID: 607032
Hi, I'm an international student attending a Community College in California.
I've been attending college since sep, 2003, and paying a
non-residential (internationl student) fees since then, which amounts
to about $3000 per semester. Is there any way that I can pay a
resident fees.  I'm still going to continue going to the community
school for another year and a half or two years. Then I'm planning to
go to a pharmacy school.  I'm also going to stick in another more IMP
question. How can I become a US resident (permenant resident)get the
green card)? The closest relative I have here in the states is my
uncle. He also has a small business (comapany). I'm also proficient in
four languages (does not include spanish). I do know that an uncle is
not considered close relative, so I'm not sure if he can adopt me in
any possible way ? If not, is there any way do become a resident
through work, or any other possible way ??
Subject: Re: International Student in California, resident fee / a US resident (green card)
Answered By: wonko-ga on 15 Jan 2006 11:29 PST
Unless your visa status allows for immigration, you do not qualify for
California residency because you cannot legally establish a US
domicile in California.  In the event you change your status to one
allowing for permanent residency, then you could qualify for resident
fees if you can demonstrate three years of financial independence.

"Q: How is California residency determined?
A: The admissions officer of each community college determines student
residency status, according to state laws and regulations that specify
the residency standards. The legal definition of California residency
requires at least one year of physical presence in this state, coupled
with the capability and the intent to make California your permanent
home. However, if you have initially been classified as a nonresident,
you will be required to demonstrate that you have been financially
independent for at least three years before being reclassified as a

"Frequently Asked Questions-Colleges" State of California (2004)

"Noncitizens may be considered for resident classification in
California except when holding a valid nonimmigrant visa (F1, J1,
etc.) that does not allow establishment of U.S. domicile. The lawful
right to be present in the U.S. is not the same as the legal ability
to establish domicile."

"Guide to State Residency Requirements -- California" The College
Board (2001)

Applying for permanent residency is a complicated process.  Many
different options exist, depending upon your country of origin,
education, and employment opportunities.  I have provided links below
to the relevant sections of the US Citizenship and Immigration
Services web site, the agency that controls the process.

Your uncle does not appear to be a sufficiently close family member to
qualify you for an immigrant visa as you suspected.  Conceivably he
might be able to adopt you, but the law requires you to be under 18
years of age.  Given that he has a business, however, and your plan to
study pharmacy, your best bet may be to pursue a visa petition filed
by a United States employer.  This could potentially be your uncle or
a company desiring to employ you as a pharmacist.  Your chances of
being approved would appear to improve with the amount of education
you have received.  Another route is to enter the Diversity Visa
Lottery if your country of origin has a low rate of immigration to the
United States.

Because of the complexities of applying for permanent residency, I
encourage you to consult with a qualified immigration attorney after
reviewing the materials I have provided below.




"Eligibility Information: Who May Apply to Become a Lawful Permanent
Resident While in the United States?" U. S. Citizenship and
Immigration Services

"How Do I Get an Immigrant Visa Number?" U. S. Citizenship and
Immigration Services

"Application Procedures: Becoming a Permanent Resident While in the
United States" US Citizenship and Immigration Services

"How Do I Apply for Immigrant Status Based on Employment?"  US
Citizenship and Immigration Services

"Immigration through the Diversity Lottery" US Citizenship and
Immigration Services

"Child Citizenship Act of 2000 Takes Effect" China Connection
(April/May, 2001)
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