My uncle is an employee at my university and I am his nephew. He asked the human resources of the university whether I am eligible to receive tuition benefits because I am his nephew. They said, as long as he claimed me as a dependent child in his income tax form, I am eligible to receive free tuition. I am an international student and my authorization to stay in United States was given to me by the U.S immigration because of the university letter saying that I can receive free tuition up to 8 semesters. I only used 2 yet. However, now the university is saying that they can鈥檛 offer me tuition benefits form my uncle鈥檚 employee benefits anymore because they say they made a mistake in the beginning about my eligibility to tuition benefits. So if they can鈥檛 give it anymore as they promised, i will have to leave the country. Can I take any legal actions and reclaim my tuition benefits under this situation?Legal advice, please help, I鈥檓 college student (updated)?
Unfortunately, the university is correct, but everything is not lost.
You need to first look at the logic, because that's what a judge will do in court, if the university and you disagrees and you want to hustle legally.
The logic behind not offering tuition benefits to Intl student is that those students are non-immigrant. They signed papers staying they will go back to their country after their studies. Some of them do, some don't, but we assume they desire to leave.
The tuition benefits are paid for by the american middle-class worker's tax. It is paid so that those students who make it through school, will turn around and be productive people in our society, will marry our sisters and not be deadbeat, will raise our nephews, teach our children, or heal our friends.
In your case, once you get paid and get your diploma with our tax, you are leaving us stranded and going back to your country.
One good aspect about your case is the college paid for your tuition so it's not directly taxpayers money. Legally, it's their money, so they can choose to stop. They will owe you something, at the very least, they will have to give you sufficient notice so you can find other arrangements, otherwise, you getting deported over their mistake, is going to be a good immigration lawyer's lunch case.
However, also be careful, a judge can order your uncle to repay the back amount if you lose. Of course no one knows who will lose.
Let's talk about solutions.
This society is first about money.
Your uncle should take out a loan in a bank, and deposit it in your bank (unless he has enough money for whatever college you pick) Then, you go real quick, register in a college that you can afford with that loan, or your uncle's money. The immigration wants the college to provide proof that you can support your studies, so that loan beefing up your uncle's account will look good on an affidavit of support.
Third, transfer. Get an I-20 from the new college and transfer other documents to the new college or univ., as an Intl student, it's done everyday. Just tell your current college that you don't like them, and/or for personal reasons that they don't need to worry about, you are transfering as an international student. There is a defined process for that already and the intl student advisor will be aware of it. If they don't do it, then a lawyer will happily take some of your money and send them some certified letters. Once done, go to that college and take at least your minimum load of hours religiously.
Speed is the key here, you need to transfert as fast as possible, for two reasons.
First if you miss one semester, you are really out of status and you are automatically reported to the DHS by a computer system. No way to legally go back to school until you apply for an I-something for reinstatment, you go see an immigration judge, etc... you see, a terrible gamble in this post 9-11 america.
Second transfering quickly into a college you can afford will take the case ';out of the jurisdiction'; of your current college, so to speak, so no need to leave or any story like that, you are not their student anymore.
Also, legally speaking, you DO NOT have to leave the country until a judge says so. You WILL be out of status if things don't go well and you end up missing a semester. You might need to get a lawyer then, but the key right now, is picking up another college that you can afford, and proving that you can afford it, with your uncle support (Bank statement, transfer of funds to the college etc) and getting their I-20, and transfering.
It would not hurt to go over the college tuition policy over and over, and to read the tax laws on claiming a foreign dependant, and the college policy for intl student.
Remember, the college should have, or should have not given you the money, the laws on there are going to be plenty, so let's all be careful.
Also remember, if things get too heated, and you guys cannot sleep at night, seriously shop and speak to a good established regular lawyer, and an immigration lawyer. To the most, it should cost you a couple of thousands dollars, and you will make that in a heardbeat if you get to stay here, so a lawyer, at that time, will be the best investment possible. Believe me, EVERYBODY in america, from college officers to immigration judge and petty police officers... everybody respect lawyers and take them way more seriously, and people are less likely to give you not-well-thought answers.
Good luck...
UPDATE: I just read the details on your other posts. If you are about to graduate and will risk losing hours, then have you uncle take out a loan and pay for the time being or pay for it yourself, then you guys can try to get the money back. But please, do make sure you graduate firstLegal advice, please help, I鈥檓 college student (updated)?
You can if you have evidence that you already recieved tuition benefits.
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