I guess I'd have to say that it all started in 1996... I went into the International Student Advising Office at San Jose State University (SJSU) to ask some questions about finishing my degree in the U.S... I was told that since I would be a regular student after one year (a resident, I was told) on my TD, I could just fill out a regular application and see the academic advisors for resident students. I wouldn't need to deal with International Student Services. I was relieved.

I should've known it was too good to be true. In December of 1997, when I finally completed one year of residence on my TD visa, I finished my SJSU application. I had to wait a couple of weeks for the girl who determines resident status to come back from vacation. This was Jillana Hart. She was very nice, very candid, and helpful. She didn't know the answer. She talked to her supervisor, who said that the "TD" visa is classified non-resident for tuition purposes. I was exempt from establishing residency.

Exempt from establishing residency at a school we paid our taxes for in the state in which we reside? This was just too much. When we found this all out, I was a few days into our Christmas (late) vacation in Canada. I let my mood ruin the rest of the trip, really.

I tried to call Olivia Sanchez, the CSU residence specialist, on the phone. After a few minutes of someone else relaying my messages to her, she finally spoke directly to me. She was very mean, very rude, and upset me. She refused to give me any solid information for which to base my appeal on. She wanted off the phone.

I got back and started my letter of appeal to be sent to the main offices for the CSU system, in Long Beach. My appeal was to be directed at Olivia Sanchez and I sent copies to the legal counsel for SJSU and the legal counsel who specializes in residence matters.

California Education Code section 68062(h) says I can establish residency so long as the Immigration and Nationality Act doesn't exempt me from doing so. I found this all out a few days after my January 13th, 1997, appeal to Olivia Sanchez.

The Immigration and Nationality Act doesn't exempt me, a TD, from establishing residency. Now I'm confused. I sent Olivia an addition to my original appeal, January 20th. There's an eight week backlog and classes for the semester started this week. I missed the start of the semester.

A friend gave me a contact at SFSU. I was also told by another Bayareaite that they were told that after one year they would be a resident at SFSU. I called. I got voice mail.

Deciding not to stop there this January 22nd, I called CSU Hayward and talked to someone. I decided not to be my usual aggressive and demanding self. I put on a soft, upset and confused voice as best I could. The lady I spoke to, Jane (I believe), was really nice. She looked up the TD in her resources and found that I could not establish residency. I explained my situation and the conflict between what the Education Code says and what the INA says. She tried to find her boss, Maria, but Maria was in a meeting. She forwarded me to Maria's voicemail, where I left a message. I'm waiting for a call back. I've been quite honest about the fact that I don't plan to attend Hayward, I just need the information. I have also told them that Olivia Sanchez was rude on the telephone to me and refused to be of any help.

So anyways, Maria called me. She was really nice, but said that Olivia is the one who hands down the rules to everyone and that there was absolutely nothing she could do. Now I wait.

February 12th, the letter hit my mailbox. I was responded to by Linda MacAllister, legal counsel at CSU. At least it wasn't the legal assistant Olivia. I was denied in my appeal. She kept saying that because I could not be a permanent resident, I could not establish residency. However, California Education Code says "resident" not permanent resident. The Immigration and Nationality Act sees resident as meaning where you live, not your intent. I'm appealing again.

Sometimes I wonder what terrible thing I did to deserve this. It's May now and CalState considers the case closed. I won't be able to go to school, and I don't have any fight left.