In-State Tuition Battles for College Students

Congruence Law, P.C. Helps Students Secure Fair Access to In-State Tuition

For many students, the difference between in-state and out-of-state tuition isn’t just a number—it’s the difference between pursuing a degree or putting their future on hold. But colleges and universities sometimes deny in-state tuition status unfairly, relying on rigid policies, outdated rules, or misunderstandings of family situations.

Whether you’re a dependent student with two households, an undocumented graduate of a public high school, or an adult who just moved and is building a life, you may be entitled to in-state tuition under federal, state, or institutional law.

At Congruence Law, P.C., we help students and families challenge wrongful residency decisions and fight for access to affordable higher education.

Who Qualifies for In-State Tuition?

Each state sets its own rules, but common eligibility factors include:

➤ Domicile. You (or your parent/guardian) must have established legal residence with intent to remain in the state for a specified period—usually 12 months prior to the start of the term.

➤ Dependency. If you are claimed as a dependent, your residency is typically based on your parent or guardian’s residence.

➤ Graduation from a state high school. Many states (and institutions) offer in-state tuition to students who attended and graduated from local public schools, regardless of immigration status.

➤ Special categories. Military families, undocumented students (under DREAM Acts), emancipated minors, and returning residents may qualify under exceptions.

Common Reasons Students Are Wrongfully Denied

• Recent move or shared custody interpreted as out-of-state

• Undocumented status or pending DACA application

• Gap year or break in enrollment resets the residency “clock”

• Parent lives in another state but student has lived locally for years

• Lack of “intent to remain” documentation, despite strong community ties

What We Do at Congruence Law, P.C.

We represent students facing unjust tuition classifications and residency disputes. Our services include:

• Challenging tuition classification decisions through appeals to university officials or state agencies

• Gathering evidence of domicile and intent, such as leases, employment, voter registration, or taxes

• Filing administrative or legal complaints where residency policies violate equal protection or due process

• Advocating for undocumented or mixed-status families navigating state DREAM Act eligibility

• Advising families on how to preserve eligibility during transitions, gaps in enrollment, or custody shifts

We focus on results—helping students regain access to affordable tuition so they can stay enrolled and complete their education.

What Colleges Say—and How We Push Back

“You haven’t lived here long enough.”→ The “residency clock” often starts when a parent moves, not when documents are processed.

“You took a break from school, so your status reset.”→ State law may protect students who return promptly or maintain continuous residence.

“You’re not a U.S. citizen.”→ Many states and institutions allow in-state tuition for undocumented or DACA students under separate laws.

“You didn’t file your taxes here.”→ Tax filings are helpful, but not the sole factor in establishing domicile.

Pitfalls to Avoid

• Not appealing tuition decisions. Many students assume they can’t fight back. There are clear appeal processes—use them.

• Delaying documentation. Start gathering proof of residency as early as possible—before applying.

• Using the wrong address on official forms. Inconsistencies can undermine your claim.

• Assuming a parent’s move won’t affect your classification. Talk to counsel before major transitions.

Why Choose Congruence Law, P.C.

We believe access to public higher education shouldn’t be blocked by paperwork, outdated policies, or bureaucratic resistance. Whether you’re a freshman, a transfer student, or a nontraditional learner trying to return, we’ll help you navigate the system and fight for your rights.

If your in-state tuition application has been denied or delayed, contact us today:

education@congruencelaw.com or at 202-630-8141

Let us help you turn rejection into relief—and make college affordable again.