Are non-U.S. citizens capable of establishing “in-state” classification?
A. Non-U.S. citizens may qualify for in-state classification when they have been granted the status of lawful permanent resident by the U.S. Immigration Service and are physically present in Colorado for 12 continuous months or if they are otherwise lawfully present in the United States. Generally, time in Colorado during which a person has student immigration status, such as F1 or J1, cannot be included in the one-year period. Unemancipated minors with student immigration status may qualify through their parents so long as the parents do not have student visas.
Non-U.S. citizens are legally capable of establishing domicile where they have been granted the status of lawful permanent residents by the U.S. Immigration Service. Immigrants may claim, and seek to prove, eligibility for in-state tuition rates as Virginia domicile as any citizen of the United States. The burden is on the student to establish, clearly and convincingly, his or her domicile in Virginia for the requisite one-year period.
