Access to Higher Education for Immigrant Students in

Access to Higher Education for Immigrant Students in Texas HB 1403/SB 1528 Shared with permission by David Johnston 1

HB 1403 (in a nut shell) ¡ In 2001, Texas was the first state to pass a law that allowed certain immigrant students the opportunity to be classified as ‘Texas’ residents for tuition purposes! ¡ Requirements of the law l l ¡ Live 3 years in Texas before you graduate or receive your GED. Complete Affidavit stating the student will file an application for permanent residency at the earliest opportunity available to him/her. Benefits l l In-state tuition Texas Financial Aid 2

Additional SB 1528 Changes l Applies to all students. Any student who has lived in Texas 3 years can establish domicile. l Parents no longer have to have worked in state. l All colleges must use the same core residency questions and affidavit! l Once a Texas resident, always a Texas resident (transferring between colleges). 3

What is NEW about SB 1528 for immigrant students (The Good)? Parents no longer have to have lived in Texas (HB 1403) Immigrant students who had started college before fall 2001, can now take advantage of SB 1528. 4

Biographical Information Question 8 (new question)! (e) If you are not a citizen or permanent resident are you a foreign national here with a visa eligible to domicile in the United States or are you a refugee, Asylee, Parolee or here under Temporary Protective Stats? (If you select an option below, please submit a copy of your Notice of Action I-797 C, or a copy of your current visa. ) If so, indicate which: 5

AFFIDAVIT ¡ ¡ ¡ ¡ ¡ ¡ Chart III AFFIDAVIT STATE OF TEXAS § § COUNTY OF ________ § Before me, the undersigned Notary Public, on this day personally appeared _________________________________, known to me, who being by me duly sworn upon his/her oath, deposed and said: 1. My name is ____________________________. I am ___ years of age and have personal knowledge of the facts stated herein and they are all true and correct. 2. I graduated or will graduate from a Texas high school or received my GED certificate in Texas. 3. I resided in Texas for three years leading up to graduation from high school or receiving my GED certificate. 4. I have resided or will have resided in Texas for the 12 months prior the census date of the semester in which I will enroll in __________________ (college/university). 5. I have filed or will file an application to become a permanent resident at the earliest opportunity that I am eligible to do so. In witness whereof, this ______day of ____________, __________________ (Signature) _________________ (Printed Name) __________________ (Student I. D. #) SUBCRIBED TO AND SWORN TO BEFORE ME, on the __________ day of ____________________, to certify which witness my hand official seal. _________________ Notary Public in and for the State of Texas 6

The Most Important Questions on a Texas College or University Application. 32) Residency Claim: (a) Of what state are you a resident? ___Texas___ 7

32) Residency Claim (b) Did you or will you have lived in Texas the 36 months leading up to high school graduation or completion of the GED? STUDENTS ANSWER YES. If they moved to Texas, worked a year and then attended high school for two years, they can still answer yes to this question. IF THEY ANSWER NO TO THIS QUESTION, THEY WILL BE CLASSIFIED AS OUT-OF-STATE. 8

32) Residency Claim (c) When you begin the semester for which you are applying, will you have lived in Texas for the previous 12 months? STUDENTS ANSWER YES. Generally a college will have the year cut off the second week in September (this is their official report date to the State). IF THEY ANSWER NO TO THIS QUESTION, THEY WILL BE CLASSIFIED AS OUT-OF-STATE. 9

College Applications 10

Community Colleges Students can apply to a community college@ F www. applytexas. org (or) F the local community college website (www. hccs. edu) 11

Houston Community College (www. hccs. edu) Ø Students that apply to HCCS should use the HCCS website (www. hccs. edu). 12

Why use HCCS’s Application? Ø The HCCS application provides students without social security numbers with Ø Ø Ø a student ID (for identification) and a personal ID (for registering). SB 1528 students who apply using the Texas Common Application for HCCS Ø Ø will receive only an application ID. The student will have to go to the admission office and ask for their student ID and P-ID 13

Public Universities ¡ ¡ ¡ Texas Common Application (online) Applytexas. org All public universities and community colleges 14

Does SB 1528 apply to PRIVATE SCHOOLS? (Yes & No). ¡ Private schools do not have in-state and out-of-state tuition. They have one tuition rate for all students! ¡ Immigrant students under SB 1528, are eligible for the Texas Equalization Grant (Texas Grant for private schools) & they can qualify for athletic scholarships. (OLLU = boy’s soccer!) ¡ Since immigrant students are NOT eligible for federal Pell Grants and Stafford Loans, they are often unable to cover the cost. Exceptions would be l l l Wealthy family members Soccer scholarships Academic scholarships (very high SAT scores) 15

Which Private Schools Accept Immigrant Students l HBU & Rice (NO) l University of St. Thomas, OLLU, Norte Dame (most Catholic schools) 16

Documents Colleges Require! 17

Affidavit or Proof of Immigration Status ¡ To separate true international students from immigrant students, colleges need documentation. l Immigrant students with an immigration process provide a (green card, notice of action, or work authorization card). l Immigrant students with no immigration process sign an affidavit (a statement) that they have lived in Texas three years and have either graduated from a Texas high school or received their GED. 18

AFFIDAVIT ¡ ¡ ¡ ¡ ¡ ¡ Chart III AFFIDAVIT STATE OF TEXAS § § COUNTY OF ________ § Before me, the undersigned Notary Public, on this day personally appeared _________________________________, known to me, who being by me duly sworn upon his/her oath, deposed and said: 1. My name is ____________________________. I am ___ years of age and have personal knowledge of the facts stated herein and they are all true and correct. 2. I graduated or will graduate from a Texas high school or received my GED certificate in Texas. 3. I resided in Texas for three years leading up to graduation from high school or receiving my GED certificate. 4. I have resided or will have resided in Texas for the 12 months prior the census date of the semester in which I will enroll in __________________ (college/university). 5. I have filed or will file an application to become a permanent resident at the earliest opportunity that I am eligible to do so. In witness whereof, this ______day of ____________, __________________ (Signature) _________________ (Printed Name) __________________ (Student I. D. #) SUBCRIBED TO AND SWORN TO BEFORE ME, on the __________ day of ____________________, to certify which witness my hand official seal. _________________ Notary Public in and for the State of Texas 19

Filling out the affidavit (Don’t)! ¡ Students without a social security are given a different student ID# by each college. l l l Don’t confuse the application ID# with a student ID#. Don’t allow students to use their state ID! Don’t allow student to use the tax ID#. 20

Filling out the affidavit (ID#) l HCCS will provide the ID at the end of the application. l Universities will mail the ID several weeks after students apply. (sometimes students have to call and ask for this). 21

Notary ¡ High schools should have someone in the building who can notarize for free. Students should ask their l l ¡ Campus secretary or registrar Athletic departments and truancy offices also have documents that need to be notarized. State laws sets the cost of a document being notarized at $5. 00. 22

Sending Documents ¡ If the college is in Houston, recommend handing in personally the (fee waiver, transcript, and immigration status) to the office of admission. ¡ If the colleges is outside of Houston, mail the (fee waiver, transcript, and immigration status) together to the office of admission. 23

Documents & Classified as “out-of-state”? ¡ If a student is classified as an out-ofstate after she has submitted her documents, then she need to call or go to the office of admission and say, I need to speak with the person in charge of residency determination. 24

The Big Surprise v Sometimes immigrant students won’t find out they are classified incorrectly until they pay their tuition. v Worse, sometimes immigrant students will go a year before they realize they are paying more. It’s important to make them aware of what an in-state student pays. v v v HCCS = $164 (in-district)/ $300 (out-of-district) / $400 (out-of-state) UHD = $450 (in-state) & over a $1000 for out-of-state UH = $750 (in-state) & over a $1000 for out-of-state. 25

Paths to Citizenship l Petition by immediate family member, who is a U. S. citizen (chain immigration). l Categories: status is granted to a group of people by Congress; option to become permanent resident. l Lotto: each countries receives a limited number of visas that are randomly drawn. l Marriage: more complicated than in the past, especially if entered the country after 2001, without proper authorization. 26

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