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2005 SESSION

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HB 1598 Tuition, state; alien students eligibility.

Introduced by: Vincent F. Callahan, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

In-state tuition; legal alien students.  Grants in-state tuition to a student holding a valid student or other temporary visa if the student's parent is a legal alien holding a valid permanent or temporary visa who has, for at least one year immediately prior to the date of alleged entitlement for in-state tuition charges, resided in Virginia, been employed full-time and paid individual income taxes to Virginia. Such student shall be eligible for in-state tuition charges only if the alien parent claims him as a dependent for income tax purposes, as evidenced by claiming him as a dependent on an individual or joint return.

However, such student does not have the capacity to intend to remain in Virginia indefinitely and, therefore, shall be ineligible for Virginia domicile required for any other benefits conferred in Title 23.

Current law provides that an alien holding an immigration visa or classified as a political refugee may establish eligibility for in-state tuition in the same manner as any other student, but also states that, absent congressional intent to the contrary, any person holding a student or other temporary visa shall not have the capacity to intend to remain in Virginia indefinitely and, therefore, shall be ineligible for Virginia domicile and for in-state tuition charges.


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