Does Georgia Tech consider H4 visa dependent as in state, if lived & paid taxes in Georgia?

For the purpose of tuition will I be considered in-state student by Georgia tech if I am on H4 dependent visa, if I have been studying in Georgia since elementary school and my parents have been paying state taxes.
Looking for guidance from someone who had been admitted to GTech who is in visa, or personally know someone in similar situation.

You applied as an international student correct? Then it’s likely you do not qualify for in-state tuition:

Noncitizens

“Noncitizens initially shall not be classified as “in-state” for tuition purposes unless there is evidence to warrant consideration of in-state classification. Lawful permanent residents, refugees, asylees, or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification. International students who reside in the United States under nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile are not eligible for in-state classification.”

https://catalog.gatech.edu/financial/tuition/tuition-classification/

I would contact GT and verify the situation, they will give you the correct information. Good luck.

https://admission.gatech.edu/international/visa-process

Board of Regents Policy Manual | 4.3 Student Residency | University System of Georgia says that “International students who reside in the United States under non-immigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification.”

Please contact GT about this. A dependent under an H4 Visa may well qualify for in state tuition. What did your financial aid letter say? The office of admission or office of international admission or the financial aid office (email them don’t call) should be able to answer this for you.

However an H-4 who is a dependent of an H-1B visa holder is allowed to have dual intent and therefore may “abandon a foreign domicile”. So I believe that section does not apply to OP’s situation. See IMMIGRANT INTENT AND THE DUAL INTENT DOCTRINE

In particular note the part which states: “While the requirement to maintain an unabandoned foreign residence abroad never applied to L nonimmigrants, §205(e) of IMMACT 90 eliminated the foreign residence requirement for H-1 nonimmigrants.”

There is a distinction between H-1 and H-2/H-3, so you need to know which category applies to your parent. There may also be a facts and circumstances inquiry if for example your family still owns a home abroad and spends substantial time there. Another problem will arise if you transition to the F-1 student visa because your parents won’t get a green card before you turn 21 and you can’t get derivative status through them any longer. Then you might be caught by this rule.

You may need to appeal any denial of instate tuition and perhaps consult an immigration lawyer (you really do have to start planning for when you turn 21 and age out of status). But the university should be familiar with this situation.

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Thanks a lot for the inputs.

It looks like its an open for interpretation thing and would depend on how the university interprets it. I know in California universities anyone who does their schooling there qualifies for in-state.

I am still a sophomore, about to be a junior, just started looking at the schools. I believe being in the green card queue since 5 years with I-140 approved shows the intent to be a citizen.

I was wondering there would have been quite a lot of kids/parents in similar situations so thought of asking. I will try to write to the office of admission to find out.

Any other inputs most welcome.

Thanks

There are lots of states where graduation from high school after enough years of attendance qualifies for in-state tuition, though many states exclude those on non-immigrant visas and/or DACA/dreamer status. Texas is probably the least restrictive in this respect, since international students are included (as well as citizens, permanent residents, and DACA/dreamers).

However, it does not appear that Georgia has any such provision, even for citizens or permanent residents.

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Just wanted to update the thread, just in case someone else refers to it in future.

I wrote to the admission counsellors of UGA & GT. Based on the email conversation, it seems the summary is that by default I would be considered out of state (international) student but I can apply for non resident student waiver which is most likely going to be approved if I provide the residency document & tax returns.

I was provided the link to University System of Georgia policy manual whose link I am not able to put here

this section on this seems specific to my situation, rest I will come to know only when I go through the process.

Non-Citizens

A. Dependent Students
Non-citizen dependent students providing clear and convincing evidence that the student’s parent or U.S. court-appointed legal guardian relocated to the state of Georgia to accept full-time, self-sustaining employment and entered the state in a valid, employment-authorized status. The relocation must be for reasons other than enrolling in an institution of higher education and appropriate steps to establish domicile in the state must be taken. The employment upon which the relocation was based must be held at the time the waiver is awarded. Additionally, the non-citizen dependent student must provide clear evidence that the parent, or U.S. court-appointed legal guardian, is taking legally permissible steps to obtain lawful permanent resident status in the United States.

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In case someone sees this thread & has been through this process please update

@csscholar Were you able to get in-state tuition fee. What support documentation was needed to submit?

My dd has a friend who has lived in GA since 4 hrs old. The student dual enrolled and qualified for instate tuition as a freshman.

Since the OP has not been online since April, I am closing this thread.