Verification of Lawful Presence
During the October 2010 meeting, the Board of Regents approved two new policies: Policy 4.1.6, Admission of Persons Not Lawfully in the United States, and Policy 4.3.4, Verification of Lawful Presence. We understand that there are many questions regarding these policies and how they will impact student admission and their classification as in-state or out-of-state for tuition purposes. The purpose of this web page is to answer those questions and to provide information that will help students know what to expect when applying to college.
Policy 4.1.6 - Admission of Persons Not Lawfully Present in the United States
Policy 4.1.6 states the following:
A person who is not lawfully present in the United States shall not be eligible for admission to any University System institution which, for the two most recent academic years, did not admit all academically qualified applicants (except for cases in which applicants were rejected for non-academic reasons).
At this time, the following institutions fall under Policy 4.1.6:
- Georgia College and State University
- Georgia Institute of Technology
- University of Georgia
Students applying to one of the universities listed above will be required to provide verification of their lawful presence in the United States before their admission to the university can be finalized.
Policy 4.3.4 - Verification of Lawful Presence
Policy 4.3.4 states the following:
Each University System institution shall verify the lawful presence in the United States of every successfully admitted person applying for resident tuition status, as defined in Section 7.3 of this Policy Manual, and of every person admitted to an institution referenced in Section 4.1.6 of this Policy Manual.
Any student requesting to be classified as an in-state student for tuition purposes will be required to provide verification of their lawful presence in the United States in order to be classified as an in-state student.
FREQUENTLY ASKED QUESTIONS
There are a number of ways for a student’s lawful presence in the United States to be verified. In some instances, the student will not need to submit any additional documentation. For example, if the student completes the Free Application for Federal Student Aid (FAFSA), and the U.S. Department of Education determines that the student is eligible to receive federal student aid, then the student may not need to submit additional documentation as the U.S. Department of Education verifies lawful presence before awarding aid.
In other situations, a student may need to provide documentation of lawful presence, such as a copy of their U.S. birth certificate (certified copy), Georgia driver’s license (issued after January 1, 2008 and without the “Limited Term” notation), United States passport, or Permanent Resident Card, as proof of lawful presence. Students should contact their college or university to learn more about what documentation they may need to submit.
In order for a student to be admitted to one of the universities falling under Policy 4.1.6 (those listed above), the university must verify that the student is lawfully present in the United States. If a student applying to one of these universities chooses not to submit lawful presence documentation requested by the university, then the student’s admission will not be finalized.
In order for a student to be considered for in-state tuition at any University System of Georgia institution, the college or university must verify that the student is lawfully present in the United States. If a student chooses not to submit requested lawful presence documentation, then the student will not be eligible for consideration for in-state tuition.
In order to be classified as an in-state student, students must meet the lawful presence verification requirement AND show that they meet the Georgia residency requirements as outlined in Policy 4.3.2, Classification of Students for Tuition Purposes. Students who are verified to be lawfully present will be classified as out-of-state if they do not also meet the Georgia residency requirements.
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