Generally, F-1 holders are not qualified for in-state tuition. But if there is a family member is the H-1 holder who is qualified for the state residency or citizen, permanent resident, refugee, asylee, etc, the spouse or kid whose status is F1 may be qualified for instate tuition.
But, different state may treat this in different way. I live in Alabama, F-1 holders (spouse and kid) can pay instate tuition as long as the H-1 holder in the family is qualified for the residency.
I just copy some information here for your reference from the website: http://www.gpc.edu/~gpcisaa/F1faq.htm#feewaiver
F1 FAQsFrequently Asked Questions
What is “F1 status”
How do I get F1 status?
What is the difference between an “F1 visa” and “F1 status”
My visa has expired. Do I need to go back to my home country?
Can I work in the United States?
Is it possible to work off-campus as well?
When can I take a legal vacation?
Can I get in-state tuition status?
Related Links
How do I get a Social Security Number?
How do I get a Georgia Driver’s License?
Answers
What is “F1 status”
Having F1 status means that the US government has given you permission to be in the United States for the purpose of studying in a high school, college, or university.
How do I get F1 status?
There are two ways of obtaining F1 status – obtaining an F1 visa at a US embassy or consulate outside the United States and then legally entering the US at an official Port of Entry, or by petitioning for a “Change of Status” with the Bureau of Immigration and Customs Enforcement while inside the United States.
What is the difference between an “F1 visa” and “F1 status”
A visa is basically a simple “written permission” to enter the United States for a specific purpose. There are many types of visas, i.e. “B2” for tourists. The visa allows you to pass through US immigration at the airport. Once you go through immigration at the “Port of Entry” (the airport or border crossing where you enter the United States), the immigration official will stamp your “I-94” Arrival and Departure record – the little white card they give you in the airplane before landing. The I-94 says what status the immigration official has given you (usually the status is the same as the visa type), and states how long you may remain in the United States. F1 status students usually have “D/S” written on their I-94 card. This means “Duration of Status”, and indicates that you have permission to stay in the United States as long as you are following the rules regarding your status. For example, if you have “F1 D/S” written you your I-94, you may remain in the United States as long as you are studying full time, and are following all the regulations for persons in F1 status.
In summary, a visa is permission land at the airport and go to the immigration counter. Status is what you have AFTER the immigration officer admits you to the United States.
My visa has expired. Do I need to go back to my home country?
A visa is nothing more than permission to land. After you have an I-94 marked “F1 D/S”, the visa stamp is rather unimportant. If your visa has not expired, it means that you have permission to land in the United States again if you leave for a short period of time. If your visa is expired and you leave the United States, you will need to obtain a new visa before you may return. IF YOU DO NOT LEAVE THE UNITED STATES. AN EXPIRED VISA IS NOT IMPORTANT. Your I-94 card is more important than your visa while you are inside the United States.
Can I work in the United States?
Students in F1 status may work up to 20 hours per week ON-CAMPUS (at Georgia Perimeter College) with a few restrictions. First, you must get approval from a counselor in the office of International Student Admissions and Advising. You must find your own job on campus (many students find work in the Libraries, in the bookstore, or as a student worker in one of the many offices on campus). International Student Admissions and Advising cannot assist you with finding a position.
It is possible to work off-campus as well?
Yes, but there are more restrictions:
You must get approval from the Bureau of Immigration and Customs Enforcement. This often takes several months. Counselors in International Student Admissions and Advising will assist you with the approval process. To get authorization, you have to do the following:
· You must have been in F1 status for at least nine (9) months
· You must provide evidence that you are suffering from an UNFORSEEN economic hardship that requires you to work in order to continue studying.
· You must pay an application fee of $175.00
Off-campus work authorization means that you may work a MAXIMUM of 20 hours per week while school is in session, and a maximum of 40 hours per week when school is out of session.
When can I take a legal vacation?
F-1 students must be registered full-time (12 credit hours) in both Fall and Spring semesters in order to maintain status. The only optional semester at GPC is the Summer semester.
However, students who BEGIN studies at Georgia Perimeter College in the Summer Semester MUST REGISTER FOR AT LEAST 12 CREDIT HOURS DURING THE FIRST SUMMER SEMESTER. Students beginning Summer Semester are not eligible for a legal vacation until the next Summer Semester.
Students may take any semester off IF THEY ARE OUTSIDE THE US FOR THE US DURING THAT SEMESTER. In that case, the student must
· Get their I-20 signed out by one of the international student advisors in ISAA BEFORE THEY DEPART THE US, and
· Remain outside the US for less than five months, and
· Present a new I-94 form to ISAA when they return. Students will not be able to register for classes until a new I-94 has been received by ISAA.
Can I get in-state tuition status?
In-state tuition is available only to students who:
· Are in the US in a status that allows permanent residence in the US (citizen, permanent resident, refugee, asylee, etc…), and
· Who have been constantly residing in the State of Georgia for at least one year, and
· Who have filed a Georgia State tax return for the last year, and
· Who have been legally working in Georgia for one year.
They may also qualify if their spouse, parent, or legal guardian also meet the criteria listed above.
As a general rule, students in F1 status do not meet the criteria for in-state tuition, because F1 status is a “non-immigrant” status, and that doesn’t allow permanent residence in the United States.
It is possible for an F1 student to receive a waiver of out-of-state tuition, which will allow a student to pay the in-state tuition rate.
But, different state may treat this in different way. I live in Alabama, F-1 holders (spouse and kid) can pay instate tuition as long as the H-1 holder in the family is qualified for the residency.
I just copy some information here for your reference from the website: http://www.gpc.edu/~gpcisaa/F1faq.htm#feewaiver
F1 FAQsFrequently Asked Questions
What is “F1 status”
How do I get F1 status?
What is the difference between an “F1 visa” and “F1 status”
My visa has expired. Do I need to go back to my home country?
Can I work in the United States?
Is it possible to work off-campus as well?
When can I take a legal vacation?
Can I get in-state tuition status?
Related Links
How do I get a Social Security Number?
How do I get a Georgia Driver’s License?
Answers
What is “F1 status”
Having F1 status means that the US government has given you permission to be in the United States for the purpose of studying in a high school, college, or university.
How do I get F1 status?
There are two ways of obtaining F1 status – obtaining an F1 visa at a US embassy or consulate outside the United States and then legally entering the US at an official Port of Entry, or by petitioning for a “Change of Status” with the Bureau of Immigration and Customs Enforcement while inside the United States.
What is the difference between an “F1 visa” and “F1 status”
A visa is basically a simple “written permission” to enter the United States for a specific purpose. There are many types of visas, i.e. “B2” for tourists. The visa allows you to pass through US immigration at the airport. Once you go through immigration at the “Port of Entry” (the airport or border crossing where you enter the United States), the immigration official will stamp your “I-94” Arrival and Departure record – the little white card they give you in the airplane before landing. The I-94 says what status the immigration official has given you (usually the status is the same as the visa type), and states how long you may remain in the United States. F1 status students usually have “D/S” written on their I-94 card. This means “Duration of Status”, and indicates that you have permission to stay in the United States as long as you are following the rules regarding your status. For example, if you have “F1 D/S” written you your I-94, you may remain in the United States as long as you are studying full time, and are following all the regulations for persons in F1 status.
In summary, a visa is permission land at the airport and go to the immigration counter. Status is what you have AFTER the immigration officer admits you to the United States.
My visa has expired. Do I need to go back to my home country?
A visa is nothing more than permission to land. After you have an I-94 marked “F1 D/S”, the visa stamp is rather unimportant. If your visa has not expired, it means that you have permission to land in the United States again if you leave for a short period of time. If your visa is expired and you leave the United States, you will need to obtain a new visa before you may return. IF YOU DO NOT LEAVE THE UNITED STATES. AN EXPIRED VISA IS NOT IMPORTANT. Your I-94 card is more important than your visa while you are inside the United States.
Can I work in the United States?
Students in F1 status may work up to 20 hours per week ON-CAMPUS (at Georgia Perimeter College) with a few restrictions. First, you must get approval from a counselor in the office of International Student Admissions and Advising. You must find your own job on campus (many students find work in the Libraries, in the bookstore, or as a student worker in one of the many offices on campus). International Student Admissions and Advising cannot assist you with finding a position.
It is possible to work off-campus as well?
Yes, but there are more restrictions:
You must get approval from the Bureau of Immigration and Customs Enforcement. This often takes several months. Counselors in International Student Admissions and Advising will assist you with the approval process. To get authorization, you have to do the following:
· You must have been in F1 status for at least nine (9) months
· You must provide evidence that you are suffering from an UNFORSEEN economic hardship that requires you to work in order to continue studying.
· You must pay an application fee of $175.00
Off-campus work authorization means that you may work a MAXIMUM of 20 hours per week while school is in session, and a maximum of 40 hours per week when school is out of session.
When can I take a legal vacation?
F-1 students must be registered full-time (12 credit hours) in both Fall and Spring semesters in order to maintain status. The only optional semester at GPC is the Summer semester.
However, students who BEGIN studies at Georgia Perimeter College in the Summer Semester MUST REGISTER FOR AT LEAST 12 CREDIT HOURS DURING THE FIRST SUMMER SEMESTER. Students beginning Summer Semester are not eligible for a legal vacation until the next Summer Semester.
Students may take any semester off IF THEY ARE OUTSIDE THE US FOR THE US DURING THAT SEMESTER. In that case, the student must
· Get their I-20 signed out by one of the international student advisors in ISAA BEFORE THEY DEPART THE US, and
· Remain outside the US for less than five months, and
· Present a new I-94 form to ISAA when they return. Students will not be able to register for classes until a new I-94 has been received by ISAA.
Can I get in-state tuition status?
In-state tuition is available only to students who:
· Are in the US in a status that allows permanent residence in the US (citizen, permanent resident, refugee, asylee, etc…), and
· Who have been constantly residing in the State of Georgia for at least one year, and
· Who have filed a Georgia State tax return for the last year, and
· Who have been legally working in Georgia for one year.
They may also qualify if their spouse, parent, or legal guardian also meet the criteria listed above.
As a general rule, students in F1 status do not meet the criteria for in-state tuition, because F1 status is a “non-immigrant” status, and that doesn’t allow permanent residence in the United States.
It is possible for an F1 student to receive a waiver of out-of-state tuition, which will allow a student to pay the in-state tuition rate.
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