Legal Question in Immigration Law in New Jersey

I have been living in New Jersey and a tax payer for the last 8 years. I am in H1 visa have filed for I-485 in July 2007 in EB3 category.My son who has EAD is going to Rutgers state university from sept 2008 and the university is charging non resident fee citing the following. Can I challenge the clause?

"Other noncitizens who are in the United States on temporary visas (not permitted to establish a legal domicile in the U.S.), such as B, C, D, F, H, I, J, K, L, M, O, R, TD, TN, and NATO classifications, or holders of the Employment Authorization Card, are classified as nonresidents for tuition assessment regardless of how long they have been residing in New Jersey."

The clause says H1 Visa (not permitted to establish a legal domicile in the U.S.). But H1 visa holders are allowed to file for green card and I already filed.


Asked on 3/30/10, 3:22 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

You filed the application for adjustment of status, but you are not a permanent resident yet. When your and your dependents' I-495 WILL BE approved at some point in the future, then you all will become residents. Until then, you are non-residents with pending applications for adjustment of status.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

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Answered on 4/04/10, 3:57 pm


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