Virginia Code Title 23.1. Institutions of Higher Education;  Other Educational and Cultural Institutions § 23.1-505.1. Eligibility for in-state tuition and state financial assistance programs

Notwithstanding § 23.1-502 or any other provision of law to the contrary, any student who (i) attended high school for at least two years in the Commonwealth and either (a) graduated on or after July 1, 2008, from a public or private high school or program of home instruction in the Commonwealth or (b) passed on or after July 1, 2008, a high school equivalency examination approved by the Secretary of Education;  (ii) has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least two years prior to the date of registration or enrollment;  and (iii) registers as an entering student or is enrolled in a public institution of higher education or private institution of higher education in the Commonwealth, is eligible for in-state tuition regardless of citizenship or immigration status, except that students with currently valid visas issued under 8 U.S.C. § 1101(a)(15)(F), 1101(a)(15)(H)(iii), 1101(a)(15)(J) (including only students or trainees), or 1101(a)(15)(M) are not eligible.  All such students shall be afforded the same educational benefits, including access to financial assistance programs administered by the Council, the State Board, or a public institution of higher education, as any other individual who is eligible for in-state tuition pursuant to § 23.1-502.  Information obtained in the implementation of this section shall only be used or disclosed to individuals other than the student for purposes of determining such educational benefits.

Any non-Virginia student granted in-state tuition pursuant to this section shall be counted as a Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.