Deferred Action for Childhood Arrivals (DACA)

IMPORTANT NOTICE: Students must submit renewals for DACA status to USCIS 120-150 days before expiration to prevent potential loss of DACA status and non-compliance with Virginia domicile requirements. (See USCIS guidance “III. Renewal of DACA” for more information.)

 

The Office of the Attorney General for the Commonwealth of Virginia published an opinion on April 29, 2014, regarding the ability of students who have been approved by the U.S. Department of Homeland Security under the Deferred Action for Childhood Arrivals (DACA) to qualify for in-state tuition charges at Virginia’s public colleges and universities.

Here are some key points regarding the Attorney General’s opinion:

  • The opinion does NOT automatically grant in-state tuition charges to all DACA students.
  • The opinion does NOT mean that all DACA students will be able to show they are eligible for in-state tuition charges, even if they lived in Virginia for more than one year.
  • The opinion is NOT retroactive. If a student was previously denied due to their DACA status, the student cannot get their previous decision reversed.  Those who might have qualified, but did not appeal, are invited to request a review of their status prospectively.

Like all other students who are U.S. citizens and who maintain an eligible visa status, DACA students must demonstrate their eligibility for in-state tuition. To qualify for in-state tuition charges in Virginia, DACA students:

  •  Must be in an approved DACA status for at least one year;
  • Must be accepted by a Virginia college or university;
  • Must not have had an educational reason for moving to Virginia; and
  • Must have a present, fixed and indefinite domicile in Virginia in accord with the statutory factors for in-state tuition.

 

 

Disclaimer

This web site and accompanying materials have been prepared by the George Mason University Office of the University Registrar for informational purposes only, and may not be construed as "Legal Advice" or an official determination of eligibility for in-state tuition by the Office of the University Registrar.

Because this web site is not intended to be a determination of eligibility for in-state tuition, the reader should not rely on any information provided in this website as such.

It is incumbent on the student to apply for change in domiciliary status on becoming eligible for such change. Changes in domiciliary status shall only be granted prospectively from the date such application is received.