Simon Y. Sandoval-Moshenberg, Esq. (703) 684-1100

1. DACA and In-State Tuition in Virginia Information accurate as of May 19, 2014. This presentation is intended to provide general legal information and is not a substitute for legal advice. Each case is different, and you should consult a qualified immigration attorney if you have questions about your own DACA status. Notario publicos are not attorneys and are not qualified to give you legal advice. Simon Y. Sandoval-Moshenberg, Esq. (703) 684-1100

2. April 29, 2014: Atty. Gen. Herring

3. Who can qualify for in-state? Had DACA for one full year prior to first day of class

4. You need to APPLY for in-state tuition. No-one’s tuition status will be upgraded automatically.

5. Qualifying for In-State Tuition in VA Need to prove: • Student has eligible legal status • DACA for one year prior to the start of classes • Student has Virginia domicile • “Present, fixed home . . . Intends to stay indefinitely.” • Clear and convincing evidence to rebut presumption that student shares parents’ domicile • Undocumented parents  no Virginia domicile • You need to prove that you do have Virginia domicile, even though your parents cannot

6. New students: Apply for in-state tuition status along with application to college. • Continuing students: Need to apply to change domicile (tuition) status. • Go to registrar’s office, tell them you’ve had DACA for over a year and want to apply for in-state, fill out the form they give you, attach the documents they tell you to attach.

12. How to answer the questions? • “Visa Type,” “Citizenship,” etc: “DACA” • “Expiration date:” “DATE, but indefinitely renewable.” • “Parents provide over half of your financial support?” • “Are you receiving federal financial aid?” • “Why did you initially move to Virginia? • “To live here permanently” – GOOD answer • “To get an education” – BAD answer • “Do you presently intend to remain indefinitely?”

13. What documents to attach? • Rule #1: Give them whatever they ask for. • Rule #2: If you don’t have something they ask for, given them something else, and explain why you don’t have what they asked for.

14. Examples of documents to attach • Proof of DACA: Copy of I-797C Notice of Action; work permit with (c)(33) code • Proof of Virginia domicile: • VA high school transcript or diploma • VA state tax returns • VA driver’s license / car registration • Lease or title to house, or letter from landlord/parents • Cell phone bills, bank statements • PAYSTUBS All of these documents should go back one year

15. Optional: Brief one-page personal statement *(NOVA does not want) My name is Simon Sandoval-Moshenberg. My parents brought me to Virginia when I was four years old, to live permanently. I went to school in Virginia, and most of my family and friends are in Virginia. I am involved in the following community activities in Virginia / I am a member of the following churches, community organizations, etc... I work at XXX job in Virginia, and pay Virginia state taxes. (OR: This is my first year working, and I am having VA state taxes withheld.) I consider Virginia my only home and plan to remain here indefinitely after graduation.

16. NOVA: “Notarized letter from parents stating exact date you moved to VA” To Whom It May Concern: I write to confirm that my son/daughter, NAME, moved to Virginia on DATE. Sincerely, PARENT’S NAME. • Can notarize at bank; need ID • No need to pay a notariopublicoto prepare the letter – you can do this yourself.

17. Undocumented parents? • Answer all questions honestly, including questions about parents’ legal status. Schools will not report to ICE/law enforcement • “Legal status” – None. • “Why did you move to VA?” – “To live here permanently.” • “Employment” – Include all, even if off-the-books

18. MD driver’s license? • If you (DACA student) have, or ever had, a Maryland driver’s license, RETURN IT TO THE MARYLAND DMV IMMEDIATELY. • Don’t just throw it out / toss it in a drawer. • Answer all questions honestly . . . But there’s no need to volunteer information that you aren’t asked. • “Do you have a driver’s license? If so, from what state?”

19. DEADLINES MATTER. • Each school has its own deadline for each semester. • If deadline is approaching, FILE SOMETHING – even if just the form and a copy of your DACA approval – you can add documents later.

20. What if my in-state tuition request is still pending as of the first day of classes? • What to do if denied? • Check your mail every day. • Deadlines are short, and extremely strict. • FILE YOUR OWN APPEAL before the deadline. • Each school has its own appeal form – different form from original application • Call Legal Aid Justice Center, (703) 778-3450… but don’t wait to hear back from us before you appeal.

21. FAFSA?

22. Other statuses? • Green card, TPS, A, E, G, H-1B, H-4, K, L, P, R, T, U, asylum, refugee, withholding of removal, pending I-485 • www.schev.edu/students/vadomicileguidelines.asp • DACA renewal? • 4 months prior to expiration • Bring renewal receipt, and new DACA approval, to registrar’s office to update your file

23. Q: I haven’t yet applied for DACA, can I still apply for DACA? • A: YES • Do it now! Don’t wait until you graduate high school – because you will have to wait about 1½ years (½ year processing time, then one year with DACA status) before you can qualify for in-state tuition.

24. Questions? Special thanks to Jorge Velasquez (George Mason U. ‘14, Mason DREAMers) for designing this presentation.