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Seren v. Douglas, 30 Colo.App. 110, 489 P.2d 601

Facts

Gunacan Seren entered the United States in August 1967 on a student visa, which expired in April 1968. After his visa expired, he remained in Colorado as a non-student resident and paid state income tax. Following his marriage to a U.S. citizen in July 1968, he was granted a petition for an immigrant visa and subsequently received lawful permanent resident status on January 20, 1970. Seren sought to be classified as an in-state student for tuition purposes, which the University initially denied.

Gunacan Seren entered the United States in August 1967 on a student visa, which expired in April 1968.

Issue

Whether Gunacan Seren was capable of forming the intent required by Colorado state statute to establish domicile as an in-state student for tuition purposes after his student visa expired.

Whether Gunacan Seren was capable of forming the intent required by Colorado state statute to establish domicile as an in-state student for tuition purposes after his student visa expired.

Rule

The classification of 'in-state student' requires a student to have been domiciled in Colorado for one year or more immediately preceding registration, and domicile is defined as a person's true, fixed, and permanent home where they intend to remain.

The classification of 'in-state student' requires a student to have been domiciled in Colorado for one year or more immediately preceding registration, and domicile is defined as a person's true, fixed, and permanent home where they intend to remain.

Analysis

The court found that Seren was under a legal disability to form the requisite intent to establish domicile while he was a nonimmigrant alien on a student visa. However, once his visa expired, this legal disability was removed, allowing him to form the necessary intent to establish a domicile in Colorado. The court determined that Seren had indeed established such intent, as he had resided in Colorado and intended to remain there permanently.

The court found that Seren was under a legal disability to form the requisite intent to establish domicile while he was a nonimmigrant alien on a student visa.

Conclusion

The Court of Appeals affirmed the District Court's order, concluding that Seren was entitled to classification as an in-state student for tuition purposes.

The Court of Appeals affirmed the District Court's order, concluding that Seren was entitled to classification as an in-state student for tuition purposes.

Who won?

Gunacan Seren prevailed in the case because the court found that he had established the necessary intent to be classified as an in-state student after the expiration of his student visa.

Gunacan Seren prevailed in the case because the court found that he had established the necessary intent to be classified as an in-state student after the expiration of his student visa.

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