[TACRAO] Listserv Residency Inquiry

Brown, Mike mbrown at utdallas.edu
Mon Oct 7 12:28:30 CDT 2019

Hi Kim,

At UT Dallas we do not accept this form as proof of having applied for PR.  The I-140 reads as an approval for an employer to have a person apply for adjustment of status.  The notes at the bottom of the  instructions for filling out the form and text on the approval make it plain that the petition approval is not a grant of PR and that the person has to apply for an adjustment of status after the I-140 is approved:

NOTE: Petition approval is the first step towards permanent residence. However, approval does not in itself grant
permanent residence or employment authorization. USCIS will provide you with information about the requirements for
the alien to receive an immigrant visa or adjust status after Form I-140 is approved.

This is supported by the requirement for eligibility to establish domicile from the TAC 21.24(d)(7): a person who has filed for adjustment of status to that of a person admitted as a Permanent Resident under 8 United States Code 1255, or under the "registry" program (8 United States Code 1259), or the Special Immigrant Juvenile Program (8 USC 1101(a)(27)(J)) and has been issued a fee/filing receipt or Notice of Action by USCIS.

Of course, if the student has been classified as a resident at another Texas institution of higher education in one of the last two long academic semesters, they are entitled to be determined as in-state without requiring submission of any other documentation, unless they have provided information that indicates a change in status is appropriate (TAC 21.26).



Mike Brown
Assistant Registrar
Office of the Registrar
The University of Texas at Dallas
www.utdallas.edu<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.utdallas.edu_&d=DwIFAg&c=oqyuZuih6ykib6aKiBq22_bich4AVfYGoLertJN0bEc&r=5cwyr3ZZzjmRsIsXglBYqQ&m=qEKzonAXCUciHGhOGXDykP8PDGmLHZ_lzPNFUIzIn-c&s=kwZ5m4nA8whoM24Ea6G_wKyEf0po8DxN2oY1o03GR3o&e= > | mbrown at utdallas.edu

Important Note: This document may contain personal information from a student's educational records.  If so, it is protected by the Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and may not be re-released without consent of the eligible student.

From: tacrao-bounces at tamuc.edu <tacrao-bounces at tamuc.edu> On Behalf Of Wells, Kimberley
Sent: Monday, October 7, 2019 9:27 AM
To: 'tacrao at tamuc.edu' <tacrao at tamuc.edu>
Subject: [TACRAO] Listserv Residency Inquiry

We have an F1 students who has given us a copy of their approved I-797, Notice of Action for I-140, Immigrant Petition for Alien Workers. We typically only allow students to establish residency if we have the I-797 for I-485. Do you all accept an approved I-797 for I-140 as documentation to establish residency?

The student mentioned they we previously treated as a resident at their last institution.

Kim Wells
University of North Texas
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