[Oacrao-l] Residency Status of Student Question

[Beauchamp, Stephanie]

Colleagues,

We have been contacted by a student requesting clarification on the in-state student status policy.  The student is an F-1 visa holder who is now married to an Oklahoma resident and lives and works in Oklahoma.  Additionally, they have a pending Adjustment of Status (Form I-485) indicating their intent to become a permanent resident.

Our legal counsel and I are discussing our policy and definitions as it relates to this student's question and wondered how this actually plays out at institutions.

3.18.2.F states that "[e]ach spouse in a family shall establish his or her own status on a separate basis. Exceptions include the following: when an out-of-state status individual marries a person with in-state status, the out-of-state individual may be considered in-state after documentation of the marriage and proof of domicile are satisfied without the 12-month domiciliary waiting period, and as provided in this policy.

The policy specifically states, "out-of-state status individual".  Our definitions do not include a definition for "out-of-state status student" but only provides a definition of “out-of-state” - status means an individual does not meet in-state requirements defined in this policy.  We do have a definition for “Documented Foreign National”  which is a person who was born outside the jurisdiction of the United States (U.S.), is a citizen of a foreign country, and has not become a naturalized U.S. citizen under U.S. law but has entered the U.S. by way of legal documentation such as a visa.
My questions are:

  1.
For the student above, would your institution reclassify the student as in-state?
  2.
Do we need to add a definition that distinguishes out-of-state to refer to U.S. states and territories and not international students?

Feel free to email me directly with your response.  I appreciate your help and insight.


Stephanie Beauchamp, Ed.D.

Interim Vice Chancellor for Academic and Student Affairs

655 Research Parkway, Suite 200

Oklahoma City, OK 73104-3603

•405.225.9399 | •sbeauchamp at osrhe.edu<mailto:sbeauchamp at osrhe.edu> |www.okhighered.org<http://www.okhighered.org/>



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