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My husband has been attending NC State for several years as a PhD student. We moved to NC from out of state, but have lived at the same address in Raleigh ever since we moved into town. Recently, hubby applied for in-state residency and was denied. The reason for denial is "confidential." Thus we don't really know how to proceed with an appeal and were thinking that having an attorney assist in the appeals process would be very helpful. Please note that we are not looking for advice on how to achieve a favorable residency classification.
Can anyone recommend a lawyer here in town who is familiar with how to appeal an unfavorable residency decision from a university? It would be a bonus if we could find someone who is familiar with challenging these decisions at NC State in particular. Thanks in advance y'all!
...been attending NC State for several years as a PhD student.
...applied for in-state residency and was denied.
...don't really know how to proceed with an appeal...
Yeah, they could be more specific in their statement... but an appeal of what?
Based on the published residency criteria do you believe you qualify?
• establishment of domicile (legal residence) and physical presence in North Carolina for at least 12 months
• residence has been maintained for at least 12 continuous months prior to the start of the term
• intent to make North Carolina a permanent home of indefinite duration
• evidence supporting that one is not in the state solely for the purpose of attending an institution of higher education
Seems odd. Don't mean to hijack the thread, but I'm curious to know how you would even go about appealing if they won't tell you why it was denied...you don't know what to argue. What does the residency officer say about it?
Here is the appeal procedure, and if that fails here is some info on appealing to the state level. Other info is in this manual.
• intent to make North Carolina a permanent home of indefinite duration
• evidence supporting that one is not in the state solely for the purpose of attending an institution of higher education
My guess is these are the sticking points although how they would discern this is beyond me.
My husband absolutely thinks he qualifies. We feel that submitting further evidence that my husband is not in NC solely for educational purposes is in order. But we also feel that having some legal counsel would be beneficial as far as properly filling out the form and submitting additional evidence.
I think what it boils down to is that my husband was told by various people in his department that getting in-state residency would be a breeze for him since we have been here for several years, receive no financial assistance from any outside sources, we are married, we are older (~40s), we have a local bank account, we have NC IDs, all of our property is here in NC, and on and on. So he submitted all that was requested in the on-line application, and any additional information that was requested (photocopies of tax returns, NC identification, paystub etc.). Now that we know that they are nitpicking, we think that a write up of why my husband chose NC State over the other universities he was admitted to would make a stronger case, but there again, some legal assistance would help.
Thanks for the feedback and would like to reiterate that we are looking for attorney recommendations as well to assist us. Thanks everyone!
My guess is these are the sticking points although how they would discern this is beyond me.
Exactly. This is what we think as well. My husband didn't realize that he would need to write a novella proclaiming his passionate reasons for moving to NC over and above the opportunity to attend a great program in his field.
...been attending NC State for several years as a PhD student.
Based on this limited info provided by the OP...
I'm inclined to suspect the other two factors I quoted are what is at issue:
Quote:
establishment of domicile (legal residence) and physical presence in North Carolina for at least 12 months (and) residence has been maintained for at least 12 continuous months prior to the start of the term.
But the semester term in question is the FIRST semester that the OP enrolled for (not the current one).
Whatever the intent for the future may be aren't a part of that.
hth
ps: I went through this a few years ago when my son went to Cal Poly.
He was certain he would qualify after a year of residency. He was wrong.
We had the same issue with our daughter in 1990 after we moved here from New Orleans in 1989.
Some little snot in the admissions office rejected us even though we met all requirements.
The fool told me a lease was not proof of intent to stay. My landlord differed on that.
I got the name of the officer in charge of appeals at that time. A call to him explaining my residency worked it out. Sent him what proof he wanted, and my daughter was granted in-state without a formal appeal.
Might try this yourself before wasting legal fees.
I got the name of the officer in charge of appeals at that time. A call to him explaining my residency worked it out. Sent him what proof he wanted, and my daughter was granted in-state without a formal appeal.
Might try this yourself before wasting legal fees.
Good idea. I'll have my husband look into that option.
We've tried looking for attorneys with this specialty and haven't had any luck. So again, if anyone knows of a lawyer in Raleigh with expertise in this area, please fill us in. Thanks again!
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