[mc32]

A question I would have, if I were an international student living in say, California, is why would I pay tuition as a legal immigrant on say a F-1 visa, but if I came in illegally, I would have a chance at getting a subsidy[1]? Could they just pretent to be illegal for the subsidy and then when done just go home on your F-1. It's not like the school would check or even less ask the feds about status.

[1]https://students.ucsd.edu/finances/fees/residence/ab540.html

[sjf]

You can't get an F1 visa without the school knowing, they are sponsoring the visa.

[mc32]

Couldn't you go AWOL and then register as undocumented? Or why not be able to register for Non-Resident Tuition Exemption? Wouldn't that be discriminatory in some sense?

[dragonwriter]

> Couldn't you go AWOL and then register as undocumented? . Well, you can't qualify for DACA without a time machine, so you'd need to estsblish eligibility under AB 540 by spending three years as a California resident attending a California high school to qualify. Having done this, you wouldn't have to pretend to be undocumented, since you'd pretty certainly lose your F-1 status. So, you'd potentially be eligible for in-state tuition—but also potentially eligible for deportation. Plus, unlike an actual good-standing F-1, you’ll have a lot harder time ever getting legal status in the US.

> Wouldn't that be discriminatory in some sense?

Of course it would; every status distinction made in law is “discriminatory in some sense.”

The relevant issue is does it fail to meet the legal standard of legitimacy of purpose and adaptation to that purpose applicable to the basis and nature of discrimination.

[dragonwriter]

> why would I pay tuition as a legal immigrant on say a F-1 visa

No such thing as a “legal immigrant on an F-1 visa”, as an F-1 is a non-immigrant visa and F-1s are non-resident aliens legally prohibited from establishing a US domicile.

> if I came in illegally, I would have a chance at getting a subsidy

The only people who came in illegally who can be considered residents for UC tuition purposes—as stated on the page you link—are those who are qualified for and have been granted status under DACA (a policy established in 2012), which means you had to be brought over as a child under 16, and must have lived in the US since 2007, or those that have attended 3 years of California high school.

> Could they just pretent to be illegal for the subsidy and then when done just go home on your F-1. It's not like the school would check or even less ask the feds about status

Yes, if you claim to be in DACA status, the state will check your DACA status. If you claim to be an undocumented student that attended three years of California high school, they will check your high school records. If you are a foreign student on an F-1, neither one of those is going to work.

[mc32]

I concede it look like DACA has some time requirements most F-1 students would not satisfy (in addition to the entry age req)

Still a non insignificant amount came here on non-immigrant visas also (tourist visas).

In any event, there may be some meat for a class action by international students who may not want to pay the "full-fare" price they pay, given otherwise international students (on expired tourist visas) are eligible for state subsidy.

[dragonwriter]

> I concede it look like DACA has some time requirements most F-1 students would not satisfy (in addition to the entry age req)

Well, plus if you are in a legal status, you aren't eligible for DACA, plud DACA has been closed to new applicants, so literally no one can qualify for it newly now.

> Still a non insignificant amount came here on non-immigrant visas also (tourist visas).

So?

> In any event, there may be some meat for a class action by international students who may not want to pay the "full-fare" price they pay, given otherwise international students (on expired tourist visas) are eligible for state subsidy.

International students (including a very restricted set of undocumented ones) who are residents are eligible for a state subsidy; residency is, however, incompatible with certain immigration statuses that are nonetheless compatible with study, including F-1.

[mc32]

If I were an international student, that's the incongruence I would challenge right there: "residency is, however, incompatible with certain immigration statuses that are nonetheless compatible with study, including F-1."

I'd say give me the same benefits -or at least in-state tuition.

[dragonwriter]

> I'd say give me the same benefits -or at least in-state tuition.

So, you'd declare your intent to establish permanent residency in the State (and therefore the US)?

That sounds a lot like having immigration intent, which can be a basis for revoking your F-1 status.

Not being a resident is the deal you sign on for with F-1 status. If you'd rather take your chances immigrating illegally, spending three years attending California high school, and then trying to go to UC on in-state tuition as a deportable undocumented immigrant when you are qualified to instead get an F-1, well, sure, you can try. No sane person with the option is going to choose that, though. An F-1 with non-resident tuition is a much better deal.

[tanilama]

> is why would I pay tuition as a legal immigrant on say a F-1 visa, but if I came in illegally

You need a bank statement in order to get your I20.