[RO] Clarification on subsection (f) - H, E, and L visa holders

[Alison Bazeley]

Hi all,

With regard to subsection (f) of the residency law, can anyone here clarify whether the one year is prior to the start of the program as a whole (like the affidavit) or whether is one year prior to the quarter of application?

RCW: (f) Any person who has lived in Washington, primarily for purposes other than postsecondary education, for at least one year immediately before the date on which the person has enrolled in an institution, and who holds lawful nonimmigrant status pursuant to 8 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L), or who holds lawful nonimmigrant status as the spouse or child of a person having nonimmigrant status under one of those subsections, or who, holding or having previously held such lawful nonimmigrant status as a principal or derivative, has filed an application for adjustment of status pursuant to 8 U.S.C. Sec. 1255(a);

WAC: (f) Has resided in Washington primarily for purposes other than educational for at least one year immediately prior to commencement of the first day of the semester or quarter for which the student has registered at any institution, and who has met any of the following:
(i) Holds lawful nonimmigrant status pursuant to 8 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L);
(ii) Holds lawful nonimmigrant status as the spouse or child of a person having nonimmigrant status under 8 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L); or
(iii) Holds or previously held lawful nonimmigrant status pursuant to 8 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L) as a principal or derivative and has filed an application for adjustment of status pursuant to 8 U.S.C. Sec. 1255(a);

Thanks!

p.s. If anyone is wondering when this would be used instead of the affidavit, I'm looking at the potential eligibility of an H4 visa holder who moved here for the spouse's job, started school within their first year in the state (not affidavit eligible), and is funded by their out-of-state parent (therefore dependent and not RQ eligible).

ALISON BAZELEY
Residency Officer, Residence Classification Office
Office of the University Registrar, University of Washington - Seattle Campus
Please visit our website for more information on submission procedures and office hours.
http://registrar.washington.edu/students/residency/

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