DACA, Undocumented, and Pending Asylum


On January 20, 2021, President Biden issued a memorandum directing the Secretary of Homeland Security, in consultation with the Attorney General, to take appropriate action to preserve and fortify DACA, consistent with applicable law.  

For more information see USCIS Consideration of Deferred Action for Childhood Arrivals (DACA)


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.

To qualify for in-state tuition charges in Virginia, DACA students:

Undocumented Students and Pending Asylum

Undocumented students, those pending Asylum, or other students who are not eligible for in-state tuition by establishing domicile, may qualify through the Tuition Equity Provision for High School Completers or other Virginia exception.

More information and the Tuition Equity Provision and other exceptions can be found at the State Council of Higher Education for Virginia ADDENDUM C: Summary of In-State or Reduced Tuition Provisions


Print Friendly, PDF & Email


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.