Whether in-state tuition applies while waiting under F-4
I have a question related to obtaining U.S. citizenship and tuition. I had a family-based immigration petition filed for me in upper elementary school (I believe it’s F4). For various reasons, my green card process has reportedly slowed down recently, and I’m still waiting — now that I’m an adult (currently 22 in U.S. age), I’d like to know if I can still get my green card, and whether being in the middle of a pending green card application qualifies me for NYS residency status, and thus in-state tuition at my school.
A senior in my program has an older sibling who is a citizen and filed a petition for them, and even though they haven’t received their green card yet, I heard they’re getting in-state tuition. I’d like to know if I could get the same.
As for whether you can still get your green card, we think that depends on how the sponsorship process concludes.
As for NY residency status, you’ll need to ask the school directly. Some schools don’t consider immigration status at all, while others require at least green card holder status.
For tax purposes, staying just 3 or 6 months can qualify you as a resident, but under immigration law, only a green card holder is considered a resident. So please check with the school on this. Even if the person you know isn’t a green card holder, if they hold a lawful visa (status), work, and pay taxes, they may also meet residency requirements in that sense.