A student, accompanied by their spouse, moved to New Jersey to start full-time at a university; as a result, paid

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Customer: A student, accompanied by their spouse, moved to New Jersey to start full-time at a university; as a result, paid out-of-state tuition based on New Jersey Admin Code 9A:5-1.1. However, the student was told by university staff during the admissions process that she could update them with her residency/domicile status after 12 months to switch to in-state tuition.
JA: Has the student talked to a NJ lawyer about this?
Customer: No
JA: What steps has the student taken so far?
Customer: Spoke to the office of the registrar to provide updated documents such as a 12-month lease agreement, New Jersey car registration, spousal full-time employment, domicile status via USCIS letters (because she is a permanent resident), and spousal voter registration. This was all in support of the student and their spouse establishing domicile in New Jersey.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The student is independent (tax status) and lives with their spouse who has taken up full-time employment in the metroplex. Moreover, provided evidence of a marriage certificate.

Answered by Elizabeth in 50 mins 5 months ago

Elizabeth

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Elizabeth

35308 Satisfied customers

10+ years of experience

Elizabeth

10+ years of experience

35308 Satisfied customers

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Elizabeth, Expert

Welcome and thank you for using Just Answer. My name is ***** ***** I'm the attorney who will be assisting with your legal question. So I can best help, is the school honoring the change to in state status?

Customer

No, it was denied after providing documentation of proof for establishing domicile in the State and emphasizing the fact that the the student is not a dependent reliant on a guardian, but rather a full-time student married whose spouse who moved as well to establish residency and has full-time work

Elizabeth, Expert

The purpose was just to establish residency for the schooling correct?

Customer

Correct. My wife is the student and I received a full-time offer, so we moved to NJ with the intention that I would start my career and she would finish school full-time. Of course, we did not meet the initial "12 month residency requirment preceeding enrollment;" however, we wanted to updated our status after the 12 month work to prove that she did not just move here for school. Therefore, we proceeding with gathering the appropriate documents, but was immediately denied.

Customer

Sorry for typos

Elizabeth, Expert

You do have the right to appeal their decision.Did you file it? Also, did you have their promise you could apply again in writing?

Customer

We do not have a promise in writing.We did not file an appeal yet because they said if we did, then the decision would be final; therefore, we wanted to obtain additional information and clarity as to why before moving forward with an unclear process, then learn of being denied with a final decision which would cause more headache. They want us to appeal without any clear reason as to why she was denied or at least provide a remedy to the problem after we provided all of our documentation.... the office of registrar simply stated "the requirements are on the website," alluding to the NJ admin code 9A:5-1.1Additionally, we were told verbally during admissions onboarding via webinar that we could update our residency status; however, as we found out recently, 12 months later, we were immediately denied without a coherent answer as to why. So, we also felt deceived and misled about the requirements.

Customer

This is a public institution if that makes any difference.

Elizabeth, Expert

I don't understand why they told you that you could update. The law specifically says you have to live there 12 months before enrolling. the clock stops once you enroll.

Customer

from your professional experience - do you believe there could be a remedy beyond filing an appeal? I believe the biggest problem I am facing is what we were told in the very beginning, which again, feels like we were misled because the intention was to switch over to in-state tuition after 12 months given that she is not in NJ only for school, when I fact, I moved here and established domicile to work and she is my spouse.Is there no remedy or is this just an unfortunate circumstance in which we should just file an appeal at the most and nothing else?

Elizabeth, Expert

There is something called promissory estoppel/detrimental reliance. The issue would be you have to show they told her she could file again.

Customer

Unfortunately, I think that is the problem. I asked my spouse if she had evidence of correspondence and we do not. It was told to us via a webinar call from someone in the financial aid office. In hindsight, the financial aid office would not have been the best person to provide that type of information, but we heard it from a specific individual and know their name, but there is no obvious proof

Elizabeth, Expert

You would also have to sue them to enforce it.

Customer

Fair enough - and not to get too specific - but how would you see something like this playing out given that a situation like this relies on a burden of proof that we lack.

Elizabeth, Expert

Given you're also essentially fighting the state, them winning unfortunately.

Elizabeth, Expert

I do apologize as I’m coming up on the end of my night, but I’m happy to continue further tomorrow

Customer

No problem. Thank you for your time

Elizabeth, Expert

You're very welcome.

Customer

I realized that my answer to your second question was wrong. We did not move to NJ solely for education purposes

Customer

I do not know your availability; therefore, I just reworded my question and submitted a similar one given the initial confusion. Nonetheless, I'm unsure if it changes much?

Elizabeth, Expert

Apologies, I'm online now.

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