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ADDENDUM ADescriptions and Domicile Eligibility Status for Various Categories of AliensReferenced in the Guidelines for Determining Domicile and Eligible forIn-State Tuition RatesThe following tables list the various types of legal status or documentation that an “Alien” – or aperson who is not a United States citizen or national – might possess. If the student claims thedocument was lost, they can provide an I-797 Receipt Notice indicating that a replacementdocument has been requested.A status of “Eligible” means the document holder is eligible to establish domicile. A status of“Ineligible” means the document holder does not possess the legal ability to establish domicile inVirginia.EligibilityStatusDescriptionAdjustment Applicants – (to Permanent Resident)EligibleI-797An alien who has individually filed an application forReceiptAdjustment of Status, as evidenced by an I-797 Receipt Notice,Noticeand the application remains pending with USCIS. Domicile canbe established no earlier than the official Receipt Date listed onthe I-797 document (the actual mailing date of the I-797 is notrelevant).AsyleesEligibleSee textAsylees are generally granted asylee status in the UnitedStates for an indefinite period of time without domiciliaryrestrictions. The person is provided a legal determination ofasylee status issued by an immigration judge. To be eligible toestablish domiciled, the request must be approved.A-10 – Withholding of RemovalEligible“A-10” StampA grant of withholding of removal will allow the AttorneyonGeneral to withhold removal of “an alien to a country if theEmploymentAttorney General decides that the alien's life or freedom wouldAuthorizationbe threatened in that country because of the alien's race,Cardreligion, nationality, membership in a particular social group, orpolitical opinion.” INA §241(b)(3)(A). There are a fewenumerated bars to such a grant, but if an alien meets thestandards for a grant of withholding of removal, the law forbidsthe deportation or removal of such alien (whose life or freedomwould be threatened in his or her home country on the groundscited above). Id. Thus foreign nationals granted withholding ofremoval can stay in the United States "indefinitely."Additionally, aliens in this status are also granted employmentauthorization pursuant to their status. 8 C.F.R. § Sec.274a.12(a)(10) – withholding granted employmentauthorization.GovernmentInformation8 CFR209.2(a)(1)8 CFR241(b)(3)(A)

Domicile Guidelines - Addendum ALegalization (Amnesty) programEligibleI-688 or I-688A The Immigration Reform and Control Act provides forthe legalization of aliens who establish that they werein the United States illegally as of January 1, 1982, andmaintained continuous residence thereafter.Holders of Form I-688A or I-688 are eligible to receivein-state tuition rates upon the requisite showing ofVirginia domicile for the one-year period.The standards for adjustment to permanent resident status fora special group of agricultural workers (SAWs) who worked inseasonal agricultural services between May 1, 1985, and May1, 1986, are even more liberal than for the main legalizationprogram. Applications for in-state status from SAWs who havebeen issued Form I-688 should be analyzed in the samemanner as legalized t ResidentEligibleI-551 CardorI-551 Stampin PassportA parolee is an alien, appearing to be inadmissible to theinspecting officer, allowed into the United States for urgenthumanitarian reasons or when that alien’s entry is determinedto be for significant public benefit. Parole does not constitute aformal admission to the United States. It confers temporarystatus only and requires parolees to leave when the conditionssupporting their parole cease to exist. Types of paroleesinclude deferred inspection, advance parole, port-of-entryparole, humanitarian parole, and public interest parole. Conditional Permanent ResidentEligibleI-551 Card orI-551 Stampin Passport orI-797ReceiptNotice ifapplicableA “permanent resident” has been granted the privilegeof residing permanently in the United States as animmigrant in accordance with the immigration laws.Even if the card has expired, the status does not;however, the student should have either an I-797Receipt Notice for I-90 (Application to ReplacePermanent Resident Card) or a stamp in the passport.A “conditional resident” has been granted the privilege orresiding “conditionally” in the United States as an immigrantin accordance with immigration laws.A person, and that person’s children, may acquirepermanent resident status through marriage to a UnitedStates citizen or lawful permanent resident. In order todiscourage fraudulent applications based on shammarriages, the Immigration and Naturalization Service,pursuant to the Immigration and Nationality Act, is nowissuing two-year “conditional” Alien Registration ReceiptCards (Form I-551) to such persons. These differ from theregular Form I-551 only insofar as there is an expirationdate on the back. During the last 90 days of the two-yearperiod, the couple must appear before the USCIS and file apetition to remove the condition, swearing under oath thatthe marriage was and is valid, and that it was not enteredinto for the purpose of procuring an alien’s entry as animmigrant.STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA2

Domicile Guidelines - Addendum A In these cases, the institution should assume that theconditional basis will be removed and analyze the alien asa lawful permanent resident; however, the institution shouldverify at the appropriate time that the conditional basis ofthe alien’s permanent resident status has in fact beenremoved. If permanent residence status is terminated byImmigration (which will occur if the United StatesCitizenship and Immigration Service (USCIS)) finds that themarriage was fraudulent), the institution may reconsider thestudent’s application for in-state status to determinewhether it was fraudulent.If expiration date has passed, then student should presenta receipt notice showing that they have petitioned to havethe conditions lifted. I-797 Receipt Form for form I-751(application for removal of conditions).RefugeesEligiblePassport orI-94 withrefugeedesignationRefugees are generally admitted into the United States for anindefinite period of time without domiciliary restriction. A refugeecarries a passport or I-94 endorsed to show refugee status.Although some of the I-94s may have an expiration date, e.g. oneyear, they are usually renewed indefinitely until the person adjuststo permanent resident status.Temporary Protected StatusEligibleSee text An alien who is a national of a foreign state designated for Temporary Protected Status (TPS) by the United Statesgovernment.While in TPS, the United States shall not remove the alienfrom the United States during the period in which suchstatus is in effect. The person is provided officialgovernment documentation indicating TPS approval.INA Section2448 CFR 244UndocumentedIneligibleAbsence ofvalid currentlegal status An “undocumented alien” is one who (i) entered the UnitedStates without inspection; (ii) is the subject of exclusion ordeportation proceedings; or (iii) was admitted as anonimmigrant and has failed to maintain the nonimmigrantstatus in which the alien was admitted or to which it waschanged under or to comply with the conditions of anystatus.Though each carries its own nuance, the following phrasesare considered equivalent for purposes of determiningeligibility to establish domicile: “illegal alien,” “alien withoutlegal status,” “alien unlawfully present,” and “alien out ofstatus.”STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA3

Domicile Guidelines - Addendum ANonimmigrant Classifications and VisasAll nonimmigrant visas below must be verified via Visa Stamp in the applicant’s Passport or onan I-94 Card.The document showing their admission status is the Arrival-Departure Record (Form I-94), which isusually stapled into the passport. This form normally contains the nonimmigrant visa categoryunder which the alien is admitted and an expiration date.The nonimmigrant visa is a stamp placed on one of the pages of the alien's passport. It is useful todistinguish between the nonimmigrant visa and Form I-94. A visa does not guarantee entry; itmerely allows a person to board a plane whose destination is the United States and to apply foradmission at the border. Form I-94 determines whether the alien will be admitted and how long hewill be permitted to stay. When the expiration dates of the visa and the I-94 are different, the I-94controls.Though each of the following classifications is technically nonimmigrant and usually carries anexpiration date, Congress does allow some to form “dual intent.” This allows some classificationsto legally have the intent to remain in the United States indefinitely and, therefore, establishdomicile. A status of “Eligible” means the visa holder is eligible to establish domicile. A status of“Ineligible” means the visa holder does not possess the legal ability to establish domicile in Virginia.VisaEligibilityStatusDescriptionForeign Government OfficialsEligibleA-1Ambassador, public minister, career, diplomatic or consular officerwho has been accredited by a foreign government recognized dejure by the United States and who is accepted by the President orby the Secretary of State, and the members of the alien’simmediate family.EligibleA-2Other foreign government officials or employees who have beenaccredited by a foreign government recognized de jure by theUnited States, who are accepted by the Secretary of State, andmembers of their immediate family.EligibleA-3Attendants, servants, or personal employees of A-1 and A-2, andmembers of their immediate family.GovernmentInformationINA Section101(a)(15)(A)(i)8 CFR 214.2(a)INA Section101(a)(15)(A)(ii)8 CFR 214.2(a)INA Section101(a)(15)(A)(iii)8 CFR 214.2(a)VisitorsB-1B-2IneligibleAn alien having a residence in a foreign country which he has nointention of abandoning and who is visiting the United Statestemporarily for business or temporarily for pleasure.INA Section101(a)(15)(B)8 CFR 214.2(b)Aliens in TransitC-1C-1DC-2C-3IneligibleAn alien in immediate and continuous transit through the UnitedStates, or an alien who qualifies as a person entitled to pass intransit to and from the United Nations Headquarters District andforeign countries.STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIAINA Section101(a)(15)(C)212(d)(8)4