[Oacrao-l] Documented Foreign Nationals --- In-State Classification

[Dela Cruz, Jr., Jose]

OACRAO members:

I hope this correspondence finds you doing well.  Recently, we have received questions regarding the eligibility of documented foreign nationals for in-state classification.  So, the purpose of this e-mail is to provide clarification relating to documented foreign nationals residing in Oklahoma or having graduated from an Oklahoma high school.  In speaking with OSRHE general counsel, it is determined documented foreign nationals are not eligible for in-state classification.

OSRHE policy section 3.17.3.E states that unless residency has been established in another state, an individual, who resided in Oklahoma at the time of graduation from an Oklahoma high school and has resided in the state with a parent or legal guardian for two years prior to graduation from high school, will be eligible for in-state status.  However, this does not apply to documented foreign nationals.

OSRHE policy section 3.17.5 states that documented foreign nationals are eligible for in-state classification if they become lawful permanent residents, have resided in Oklahoma for at least 12 consecutive months, and meet domicile requirements as set forth in this policy.  Our understanding is that OSRHE policy section 3.17.5 has precedence over 3.17.3.E and 3.17.8; therefore, documented foreign nationals are not eligible for in-state classification.  Documented foreign nationals may be eligible for an out-of-state tuition waiver in accordance with institutional policies.

The OSRHE general counsel provided the following justifications for his opinion:

·       A visa holder is a non-immigrant that is lawfully present in the U.S. under specific conditions and for a limited period of time;
·       A visa holder must apply at a U.S. Embassy or Consulate in his/her home country and, in most cases, must present convincing evidence that s/he has such strong ties (family, present or future employment, etc.) to his/her home country and that s/he will return to the home country after his/her course of study in the U.S. is completed (for example, four years of undergraduate study) or work contract/agreement has expired;
·       In most cases, a visa holder must also show that there is sufficient money available from his/her home country to support him/her during his/her entire course of study in the U.S. (this includes living expenses, not just educational expenses).

By making the above assertions at the U.S. Embassy or Consulate, an applicant is making an official record that s/he is not now, and does not intend to be, a resident of Oklahoma, which is, in most cases, required to be eligible for in-state classification.


I understand the OSRHE Academic Affairs Procedures Handbook<http://www.okhighered.org/state-system/policy-procedures/part3.shtml> has conflicting guidance [e.g., question 12 of the procedures handbook].  We are in the process of updating several sections of the handbook including this particular guidance statement.


As always, please let me know if you have any questions.

Cheers,
José




José Dela Cruz
Coordinator -- Academic Affairs Projects
Oklahoma State Regents for Higher Education

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