Q: Does getting a non-resident tution waiver affect residency due to tax status and prior government benefits?

Greetings! I reside in Texas and am presently an international student enrolled at the University of Texas Arlington. I obtained a non-resident tuition waiver from the university through a scholarship, as mandated by Texas law. My future plans involve applying for a green card/residency post my graduate studies. I've come across information suggesting that having received a waiver may hinder residency applications, given concerns about not being considered a full-fledged taxpayer and having already benefited from the U.S. government.

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Receiving a non-resident tuition waiver at a university in Texas, like the one you have at the University of Texas Arlington, typically does not directly affect your residency status for immigration purposes. These waivers are granted based on scholarship criteria and are not considered public benefits under the U.S. immigration laws.

When applying for a green card or permanent residency, the U.S. Citizenship and Immigration Services (USCIS) evaluates various factors, including your financial independence, employment history, and whether you've received public benefits that are relevant under the public charge rule. However, educational scholarships and waivers like yours are generally not considered in this assessment.

It's important to maintain a clear record of your financial resources and how you have supported yourself during your studies in the U.S. This information can be valuable when demonstrating your self-sufficiency during your residency application process.

If you have concerns about how your scholarship or waiver might impact your future immigration applications, it's advisable to consult with an immigration attorney. They can provide specific guidance tailored to your situation and help ensure that your residency application is handled effectively.

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