by Dick Hall-Sizemore

Virginia law provides that a student attending a public institution of higher education shall be eligible for in-state tuition, regardless of citizenship or immigration status if the following conditions are met:
- Attended high school for at least two years in the Commonwealth;
- Graduated from a public or private high school; completed a home school program; or passed the GED (or equivalent) exam.
- Student, or parents or guardians, filed Virginia income tax returns for at least two years prior to enrollment.
โNotwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.โ
In other words, if the son or daughter of an undocumented immigrant can qualify for in-state tuition at the University of Virginia based on their residence in the Commonwealth, the state must allow a student from Arkansas, New Hampshire, etc. to attend the University on the same basis.
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