Information accurate as of May 28, 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.

1. Simon Y. Sandoval-Moshenberg, Esq. (703)
684-1100
DACA and In-State Tuition in
Virginia
Info rm atio n accurate as o f May 1 9 , 20 1 4. This pre se ntatio n is
inte nde d to pro vide g e ne ralle g alinfo rm atio n and is no t a
substitute fo r le g aladvice . Each case is diffe re nt, and yo u sho uld
co nsult a q ualifie d im m ig ratio n atto rne y if yo u have q ue stio ns
abo ut yo ur o wn DACAstatus. No tario publico s are no t atto rne ys
and are no t q ualifie d to g ive yo u le g aladvice .

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

3. Who can qualify for in-state?
Had DACA for one full yearpriorto 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 yearpriorto 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. (O R: This
is m y first ye ar wo rking , and Iam having VA
state taxe s withhe ld. ) 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 notario publico to 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.as
p
 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.