Rules and Regulations for Determining Residence Status
Section
21.727.����������� Authority
and Purpose.
21.728.����������� Definitions.
21.729.����������� Effective
Date of Subchapter.
21.730.����������� Determination
of Resident Status.
21.731.����������� Information
Required to Establish Resident Status
21.732.����������� Continuing
Resident Status.
21.733.����������� Reclassification
Based on Additional or Changed Information.
21.734.����������� Errors
in Classification.
21.735.����������� Waivers
that Permit Nonresidents to Pay Resident Tuition.
21.736.����������� Residence
Determination Official.
21.727.������ Authority and Purpose.
Texas Education Code, Section 54.075, requires the Board to
adopt rules to carry out the purposes of Texas Education Code, Subchapter B,
concerning the determination of resident status for tuition purposes.
21.728.������ Definitions.
The following words and terms, when
used in this subchapter, shall have the following meanings, unless the context
clearly indicates otherwise:
(1)��� Census
date � the date in an academic term for which an institution is required to
certify a person�s enrollment in the institution for the purposes of
determining formula funding for the institution.
(2)��� Coordinating
Board or Board � the
(3)��� Core
Residency Questions � the questions promulgated by the Board and set forth
in Revised Chart II, which is incorporated into this subchapter for all
purposes, to be completed by a person and used by an institution to determine
if the person is a
(4)��� Dependent
� a person who:
(A)�� is less than 18 years of age and has not been
emancipated by marriage or court order; or
(B)�� is eligible to be claimed as a dependent of a
parent of the person for purposes of determining the parent�s income tax
liability under the Internal Revenue Code of 1986.
(5)��� Domicile
� a person�s principal, permanent residence to which the person intends to
return after any temporary absence.�
(6)��� Eligible for Permanent Resident Status
� a person who has filed an I-485 application for permanent residency and has
been issued a fee/filing receipt or notice of action.
(7)��� Established
a domicile in Texas � a person has established a domicile in Texas if he or
she has met the conditions shown in Section 21.730 (d) of this title (relating
to Determination of Resident Status).
�������
(8)��� Eligible
Nonimmigrant � a person who has been issued a type of nonimmigrant visa by
the USCIS that permits the person to establish a domicile in the
(9)��� Gainful
employment � activities intended to provide an income to a person or allow
a person to avoid the expense of paying another person to perform the tasks (as
in child care or the maintenance of a home).�
A person who is self-employed, employed as a homemaker, or who is living
off his/her earnings may be considered gainfully employed for purposes of
establishing residency, as may a person whose primary support is public
assistance.
(10)� General Academic Teaching Institution � The University of Texas at
Austin; The University of Texas at El Paso; The University of Texas of the Permian
Basin; The University of Texas at Dallas; The University of Texas at San
Antonio; Texas A&M University, Main University; The University of Texas at
Arlington; Tarleton State University; Prairie View A&M University; Texas
Maritime Academy (now Texas A&M University � Galveston); Texas Tech
University; University of North Texas; Lamar University; Lamar State College --
Orange; Lamar State College -- Port Arthur; Texas A&M University --
Kingsville; Texas A&M University -- Corpus Christi; Texas Woman�s University;
Texas Southern University; Midwestern State University; University of Houston;
University of Texas -- Pan American; The University of Texas at Brownsville;
Texas A&M University -- Commerce; San Houston State University; Texas State
University -- San Marcos; West Texas A&M University; Stephen F. Austin
State University; Sul Ross State University; Angelo State University; and The
University of Texas at Tyler, and as defined in Texas Education Code, Section
61.003(3).
(11)� Institution or institution of higher education � any public
technical institute, public junior college, public senior college or
university, medical or dental unit, or other agency of higher education as
defined in Texas Education Code, Section 61.003(8).
(12)� Legal guardian � a person who is appointed guardian under the Texas Probate Code, Chapter 693, or a temporary or successor guardian.
(13)� Maintain a residence � to physically reside in a location.� The maintenance of a residence is not interrupted by a temporary absence from the state, as provided in Section 21.730 (e) of this title (relating to Determination of Resident Status).
(14)� Managing conservator � a parent, a competent adult, an authorized agency, or a licensed child-placing agency appointed by court order issued under the Texas Family Code, Title 5.
��
(15)� Nonresident tuition � the amount of tuition paid by a person who
does not qualify as a Texas resident under this subchapter unless such person
qualifies for a waiver program under Section 21.735 of this title, (relating to
Waivers that Permit Nonresidents to Pay Resident Tuition).�
(16)� Parent � a natural or adoptive parent, managing or possessory
conservator, or legal guardian of a person.�
The term does not include a step-parent.
(17)� Possessory conservator � a natural or adoptive parent appointed by
court order issued under the Texas Family Code, Title 5.
(18)� Private high school � a private or parochial school accredited by
an accrediting agency that is recognized and accepted by the Texas Private School
Accreditation Commission.� The term does
not include a home school.
(19)� Public technical institute or college � the Lamar Institute of
Technology or any campus of the Texas State Technical College System.
(20)� Regular semester � a fall or spring semester, typically consisting
of 16 weeks.
(21)� Residence � a person�s home or other dwelling place.
(22)� Residence Determination Official � the primary individual at each
institution who is responsible for the accurate application of state statutes
and rules to individual student cases.�
(23)� Resident tuition � the amount of tuition paid by a person who
qualifies as a
(24)� Temporary absence � absence from the State of
(25)� United States Citizenship and Immigration Services (USCIS) � the
bureau of the U.S. Department of Homeland Security that is responsible for the
administration of immigration and naturalization adjudication functions and
establishing immigration services policies and priorities.
21.729.������ Effective Date of this Subchapter.
Each institution shall apply these rules beginning with
enrollments for the Fall Semester, 2006.
21.730.������ Determination of Resident Status.
(a)� The following persons shall be classified as
(1)� a person who:
(A) graduated from a public or accredited private
high school in this state or, as an alternative to high school graduation,
received the equivalent of a high school diploma in this state, and
(B) maintained a residence continuously in this
state for:
(i)�� the thirty-six months immediately preceding
the date of graduation or receipt of the diploma equivalent, as applicable; and
(ii)� the 12 months preceding the
census date of the academic semester in which the person enrolls in an
institution.
(2)� a person who:
(A) established a domicile in this state not less
than 12 months before the census date of the academic semester in which the
person enrolls in an institution; and
(B) maintained a residence continuously in the
state for the 12 months immediately preceding the census date of the academic
semester in which the person enrolls in an institution.
(3)� a dependent whose parent:
(A) established a domicile in this state not less
than 12 months before the census date of the academic semester in which the
person enrolls in an institution; and
(B) maintained a residence continuously in the
state for the 12 months immediately preceding the census date of the academic
semester in which the person enrolls in an institution.
(b)� The following non-U. S. citizens may establish
a domicile in this state for the purposes of subsection (a)(2) or (3) of this
section:
(1)� a Permanent Resident;
(2)� a person who is eligible for permanent
resident status, as defined in Section 21.728(6) of this title (relating to
Definitions);
(3)� an eligible nonimmigrant that holds one of the
types of visas listed in Chart I and incorporated into this subchapter for all
purposes;
(4)� a person classified by the USCIS as a Refugee,
Asylee, Parolee, Conditional Permanent Resident, or Temporary Resident;
(5)� a person holding Temporary Protected Status,
and Spouses and Children with approved petitions under the Violence Against
Women Act (VAWA), an applicant with an approved USCIS I-360, Special
Agricultural Worker, and a person granted deferred action status by USCIS;
(6)� a person who has filed an application for
Cancellation of Removal and Adjustment of Status under Immigration Nationality
Act 240A(b) or a Cancellation of Removal and Adjustment of Status under the
Nicaraguan and Central American Relief Act (NACARA), Haitian Refugee Immigrant
Fairness Act (HRIFA), or the Cuban Adjustment Act, and who has been issued a
fee/filing receipt or Notice of Action by USCIS; and
(7)� a person who has filed for adjustment of
status to that of a person admitted as a Permanent Resident under 8 United
States Code 1255, or under the �registry� program (8 United States Code 1259),
or the Special Immigrant Juvenile Program (8 USC 1101(a)(27)(J)) and has been issued a fee/filing
receipt or Notice of Action by USCIS.
(c)� The domicile of a dependent�s parent is
presumed to be the domicile of the dependent unless the dependent establishes
eligibility for resident tuition under subsection (a)(1) of this section.
(d)� A domicile in
(e)� The temporary absence of a person or a
dependent�s parent from the state for the purpose of service in the U.S. Armed
Forces, Public Health Service, Department of Defense, U.S. Department of State,
as a result of an employment assignment, or for educational purposes, shall not
affect a person�s ability to continue to claim that he or she is a domiciliary
of this state.� The person or the
dependent�s parent shall provide documentation of the reason for the temporary
absence.
(f)�� The temporary presence of a person or a
dependent�s parent in Texas for the purpose of service in the U.S. Armed
Forces, Public Health Service, Department of Defense or service with the U.S.
Department of State, or as a result of any other type of employment assignment
does not preclude the person or parent from establishing a domicile in Texas.
21.731.������ Information Required to Initially
Establish Resident Status.
(a)� To initially establish resident status under
Section 21.730 of this title, (relating to Determination of Resident Status), a
person shall provide the institution with a completed set of Core Residency
Questions as set forth in Revised Chart II, which is incorporated into this
subchapter for all purposes.�
(b)� An institution may request that a person
provide documentation to support the answers to the Core Residency
Questions.� A list of appropriate
documents is included in Revised Chart IV, which is incorporated into this
subchapter for all purposes.� In
addition, the institution may request documents that support the information the
student may provide in Revised Chart II, Section H.
(c)� If a person who establishes resident status
under Section 21.730(a)(1) of this title is not a Citizen of the United States
or a Permanent Resident, the person shall, in addition to the other requirements
of this section, provide the institution with a signed affidavit, stating that
the person will apply to become a Permanent Resident as soon as the person
becomes eligible to apply.� The affidavit
shall be required only when the person applies for resident status and shall be
in the form provided in Chart III and incorporated into this subchapter for all
purposes.
(d)� An institution shall not impose any
requirements in addition to the requirements established in this section for a
person to establish resident status.
21.732.������ Continuing
Resident Status.
(a)� Except
as provided under subsection (c) of this section, a person who was enrolled in
an institution for any part of the 2006 state fiscal year and who was
classified as a resident of this state under Subchapter B, Chapter 54, Texas
Education Code, in the last academic period of that year for which the person
was enrolled is considered to be a resident of this state for purposes of this
subchapter, as of the beginning of the fall semester, 2006.
(b)� Except
as provided by subsection (c) of this section, a person who has established
resident status under this subchapter is entitled to pay resident tuition in
each subsequent academic semester in which the person enrolls at any
institution.
(c)� A
person who enrolls in an institution after two or more consecutive regular
semesters during which the person is not enrolled in a public institution shall
submit the information required in Section 21.731 of this title, (relating to
Information Required to Establish Resident Status), and satisfy all the
applicable requirements to establish resident.
21.733.������ Reclassification
Based on Additional or Changed Information.
(a)� If
a person is initially classified as a nonresident based on information provided
through the set of Core Residency Questions, the person may request
reclassification by providing the institution with supporting documentation as
described in Revised Chart IV, which is incorporated into Section 21.731(b) of
this title (relating to Information Required to Initially Establish Resident
Status).
(b)� A
person shall provide the institution with any additional or changed information
which may affect his or her resident or nonresident tuition classification
under this subchapter.
(c)� An
institution may reclassify a person who had previously been classified as a
resident or nonresident under this subchapter based on additional or changed
information provided by the person.�
(d)� Any
change made under this section shall apply to the first succeeding semester in
which the person is enrolled, if the change is made on or after the census date
of that semester.� If the change is made
prior to the census date, it will apply to the current semester.
21.734.������ Errors
in Classification.
(a)� If
an institution erroneously permits a person to pay resident tuition and the
person is not entitled or permitted to pay resident tuition under this
subchapter, the institution shall charge nonresident tuition to the person
beginning with the semester following the date that the institution discovers
the error.�
(b)� Not
later than the first day of the following semester, the institution may notify
the person that he or she must pay the difference between resident and
nonresident tuition for each previous semester in which the student should not
have paid resident tuition, if:
(1)� the
person failed to provide to the institution, in a timely manner after the
information becomes available or on request by the institution, any information
that the person reasonably should know would be relevant to an accurate
classification by the institution under this subchapter information; or
(2)� the
person provided false information to the institution that the person reasonably
should know could lead to an erroneous classification by the institution under
this subchapter.
(c)� If
the institution provides notice under subsection (b) of this section, the
person shall pay the applicable amount to the institution not later than the
30th day after the date the person is notified of the person�s liability for
the amount owed.� After receiving the
notice and until the amount is paid in full, the person is not entitled to
receive from the institution a certificate or diploma, if not yet awarded on
the date of the notice, or official transcript that is based at least partially
on or includes credit for courses taken while the person was erroneously
classified as a resident of this state.�
(d)� If
an institution erroneously classified a person as a resident of this state
under this subchapter and the person is entitled or permitted to pay resident
tuition under this subchapter, that person is not liable for the difference
between resident and nonresident tuition under this section.
(e)� If
an institution erroneously classifies a person as a nonresident and the person
is a resident under this subchapter, the institution shall refund the
difference in resident and nonresident tuition for each semester in which the
student was erroneously classified and paid the nonresident tuition rate.
21.735.������ Waiver Programs for Certain Nonresident
Persons.
A person who is classified as a nonresident under the
provisions of this section shall be permitted to pay resident tuition, if the
person qualifies for one of the following waiver programs:
(1)� Economic
Development and Diversification Program.
(A) A
nonresident person, (including a Citizen, a Permanent Resident of the U.S., a
person who is eligible to be a Permanent Resident of the U.S., and an eligible
nonimmigrant) whose family has been transferred to Texas by a company under the
state's Economic Development and Diversification Program, and a person�s spouse
and children shall pay resident tuition as soon as they move to Texas, if the
person provides the institution with a letter of intent to establish Texas as
his/her home.� A person who moves to
(B) After
the family has maintained a residence in
(C) A
current list of eligible companies is maintained on the Coordinating Board web
site at www.collegefortexans.com.
(2)� Program
for Teachers, Professors, their Spouses and Dependents.
(A) A
nonresident person (including a Citizen, Permanent Resident of the U.S., a
person who is eligible to be a Permanent Resident of the U.S., and an eligible
nonimmigrant) employed as a teacher or professor at least half time on a
regular monthly salary basis (not as hourly employee) by an institution shall
pay resident tuition at any institution in the state and the spouse and
dependent children of the nonresident person shall also pay resident
tuition.�
(B) This
waiver program is applicable only during the person�s periods of
employment.�
(C) If
a spouse or dependent child of the teacher or professor attends an institution
other than the employing institution, the employing institution shall provide a
letter to the spouse or child�s institution verifying the employment of the
teacher or professor.
(3)� Program
for Teaching Assistants and Research Assistants, their Spouses and
Dependents.�
(A) A
nonresident person (including a Citizen, Permanent Resident of the U.S., a
person who is eligible to be a Permanent Resident of the U.S., and an eligible
nonimmigrant) employed by an institution as a teaching or research assistant on
at least a half-time basis in a position related to his/her degree program
shall pay resident tuition at any institution in this state and the spouse and
dependent children of the nonresident person shall also pay resident
tuition.�
(B) The
employing institution shall determine whether or not the person�s employment
relates to the degree program.
(C) If
a spouse or dependent child of the teacher or professor attends an institution
other than the employing institution, the employing institution shall provide a
letter to the spouse or child�s institution verifying the employment of the
teaching or research assistant.
(D) This
waiver program is applicable only during the person�s periods of
employment.�
(4)� Program
for Competitive Scholarship Recipients.
(A) A nonresident
person (including a Citizen, Permanent Resident of the U.S., a person who is
eligible to be a Permanent Resident of the U.S., and an eligible nonimmigrant)
who receives a competitive scholarship from the institution is entitled to pay
resident tuition.
(B) In order for the
person to be eligible for this waiver program, the competitive scholarship
must:
(i)�� total at least
$1,000 for the period of time covered by the scholarship, not to exceed 12
months; and
(ii)� be awarded by a
scholarship committee authorized in writing by the institution's administration
to grant scholarships that permit this waiver of nonresident tuition; and�
(iii) be awarded
according to criteria published in the institution�s paper or electronic
catalog, available to the public in advance of any application deadline; and
(iv) be awarded under
circumstances that cause both the funds and the selection process to be under
the control of the institution; and
(v)� permit awards to
both resident and nonresident persons.
(C) The scholarship
award shall specify the semester or semesters for which the scholarship is
awarded and a waiver of nonresident tuition under this provision shall not
exceed the semester or semesters for which the scholarship is awarded.���
(D) If the scholarship
is terminated for any reason prior to the end of the semester or semesters for
which the scholarship was initially awarded, the person shall pay nonresident
tuition for any semester following the termination of the scholarship.�
(E) The total number of
persons receiving a waiver of nonresident tuition in any given semester under
this provision shall not exceed 5 percent of the students enrolled in the same
semester in the prior year in that institution.
(F) If the scholarship
recipient is concurrently enrolled at more than one institution, the waiver of
nonresident tuition is only effective at the institution awarding the
scholarship. An exception for this rule exists for a nonresident person who is
simultaneously enrolled in two or more institutions of higher education under a
program offered jointly by the institutions under a partnership agreement. If
one of the partnership institutions awards a competitive scholarship to a
person, the person is entitled to a waiver of nonresident tuition at the second
institution.
(G) If a nonresident
person is awarded a competitive academic scholarship or stipend under this
provision and the person is accepted in a clinical biomedical research training
program designed to lead to both a doctor of medicine and doctor of philosophy
degree, he or she is eligible to pay the resident tuition rate.
(5)� Programs
for Lowered Tuition for Individuals from Bordering States or
(A) Programs that
Require Reciprocity. Waivers of nonresident tuition made through each of the
following three programs for persons from states neighboring
(i)�� Persons residing
in
(ii)� Persons residing
in
(iii) Persons residing
in counties or parishes of
�
(iv) If a person or a
dependent child�s family moves to
(B) Programs That Do
Not Require Reciprocity. Persons who reside in another state may pay a lowered
nonresident tuition not less than $30 per semester credit hour above the
current resident tuition rate when they attend a general academic teaching
institution located within 100 miles of the Texas border if:
(i)�� the governing
board of the institution approves the tuition rate as in the best interest of
the institution and finds that such a rate will not cause unreasonable harm to
any other institution; and
(ii)� the Commissioner
approves the tuition rate by finding that the institution has a surplus of
total educational and general space as calculated by the Board�s most current
space projection model.� This obligation
to obtain the approval of the Commissioner is continuing and approval to
participate in this waiver program must be obtained at least every two years.
(C) Programs for
Residents of
(i)�� An unlimited
number of residents of Mexico who have demonstrated financial need and attend a
general academic teaching institution or a component of the Texas State
Technical College System, if the institution or component is located in a
county adjacent to Mexico, Texas A&M University�Corpus Christi, Texas
A&M University�Kingsville, the University of Texas at San Antonio, or Texas
Southmost College shall pay resident tuition.
(ii)� A limited number
of residents of Mexico who have financial need may attend a general academic
teaching institution or campus of the Texas State Technical College System
located in counties not adjacent to Mexico and pay resident tuition� This waiver program is limited to the greater
of two students per 1000 enrollment, or 10 students per institution.
(iii) An unlimited
number of residents of Mexico who have demonstrated financial need and register
in courses that are part of a graduate degree program in public health
conducted by an institution in a county immediately adjacent to Mexico shall
pay resident tuition.
(6) Program for the
beneficiaries of the Texas Tomorrow Fund.�
A person who is a beneficiary of the Texas Tomorrow Fund shall pay
resident tuition and required fees for semester hours paid under the prepaid
tuition contract.� If the person is not a
(7) Program for Inmates
of the Texas Department of Criminal Justice. All inmates of the Texas
Department of Criminal Justice shall pay resident tuition.��
(8) Program for Foreign
Service Officers. A Foreign Service officer employed by the U.S. Department of
State and enrolled in an institution shall pay resident tuition if the person
is assigned to an office of the U.S. Department of State that is located in
(9) Program for
Registered Nurses in Postgraduate Nursing Degree Programs. �An institution may permit a registered nurse
authorized to practice professional nursing in Texas to pay resident tuition
and fees without regard to the length of time that the registered nurse has
resided in Texas, if the nurse:
(A) is enrolled in a program
designed to lead to a master's degree or other higher degree in nursing; and
(B) intends to teach in
a program in
(10)�� Programs for
Military and Their Families. Members of the U.S. Armed Forces, Army National
Guard, Air National Guard, Army, Air Force, Navy, Marine Corps or Coast Guard
Reserves and Commissioned Officers of the Public Health Service, and their
Spouses or Dependent Children.
(A) Assigned to Duty in
(B) After Assignment to
Duty in
�
(C) Out-of-State
Military.� A spouse and/or dependent
child of a member of the U.S. Armed Forces, or of a Commissioned Officer of the
Public Health Service who is stationed outside of Texas shall pay resident
tuition if the spouse and/or child moves to this state and files a statement of
intent to establish residence in Texas with the institution that he or she
attends.
(D) Survivors.� A spouse and/or dependent child of a member
of the U.S. Armed Forces, or of a Commissioned Officer of the Public Health
Service who died while in service, shall pay resident tuition if the spouse
and/or child moves to
(E) Spouse and
Dependents who Previously Lived in
(i)�� filed proper
documentation with the military or Public Health Service to change his/her
permanent residence to Texas and designated Texas as his/her place of legal
residence for income tax purposes; and
(ii)� registered to
vote in
(iii) has satisfied a
least one of the following requirements for the 12 months prior to the first
day of the relevant semester:
(I)�� ownership
of real estate in
(II)� registration
of an automobile in
(III) execution of a currently-valid will deposited with a county clerk in
(F) Honorably
Discharged Veterans. A former member of the U.S. Armed Forces or Commissioned
Officer of the Public Health Service and his/her spouse and/or dependent child
shall pay resident tuition for any semester beginning prior to the first
anniversary of separation from the military or health service,� if the former member:
(i)�� had,
at least one year preceding the census date of the term or semester, executed a
document with U.S. Armed Forces or Public Health Service that is in effect on
the census date of the term or semester and that changed his/her permanent
residence to Texas and designated Texas as his/her place of legal residence for
income tax purposes; and
(ii)� had
registered to vote in
(iii) provides documentation that the member has, not less than 12 months
prior to the census date of the term in which he or she plans to enroll, taken
1 of the 3 following actions:
(I)�� purchased real
estate in
(II)� registered an
automobile in
(III) executed a
currently-valid will that has been deposited with a county clerk in
(G) NATO
Forces.� Non-immigrant aliens stationed
in
(H) Radiological
Science Students at
(11) Program for the Center for
Technology Development and Transfer.�
Under agreements authorized by Texas Education Code, Section 65.45, a
person employed by the entity with whom the University of Texas System enters
into such an agreement, or the person�s spouse or child, may pay resident
tuition when enrolled in a University of Texas System institution.
(2)� attend at least one training or workshop
provided by the Coordinating Board regarding these rules and the applicable
statutes in each state fiscal year.
Visa |
Nonimmigrant (Temporary) Visa Categories
|
Eligible to Domicile in the |
A-1 |
Ambassadors, public ministers or
career diplomats and their immediate family members |
Yes |
A-2 |
Other accredited officials or
employees of foreign governments and their immediate family members |
Yes |
A-3 |
Personal attendants, servants or
employees and their immediate family members of A-1 and A-2 visa holders |
Yes |
B-1 |
Temporary visitor for business |
No |
B-2 |
Temporary visitor for
pleasure� |
No |
C-1 |
Foreign travelers in transit
through the |
No |
C-1D |
Combined transit and crewmen visa |
No |
C-2 |
Person in transit to UN
Headquarters under �11 (3), (4), or (5) of the Headquarter Agreement. |
No |
C-3 |
Foreign government official,
members of immediate family, attendant or personal employee in transit |
No |
C-4 |
Transit without Visa.� See TWOV |
No |
D-1 |
Crewmember departing on same
vessel of arrival |
No |
D-2 |
Crewmember departing by means
other than vessel of arrival |
No |
E-1 |
Treaty traders, spouse and
children |
Yes |
E-2 |
Treaty investors, spouse and
children |
Yes |
F-1 |
Academic student |
No |
F-2 |
Spouse or child of F-1 |
No |
F-3 |
Academic students who are Canadian
or Mexican citizens, who commute across the border to study full-time or
part-time in the |
No** |
G-1 |
Principal resident representative
of recognized foreign member government to international organization, and
members of immediate family. |
Yes |
G-2 |
Other accredited representatives
of recognized foreign member governments to international organization and
their immediate family members |
Yes |
G-3 |
Representatives of non-recognized
or nonmember government to international organization, and members of
immediate family |
Yes |
G-4 |
International organization officer
or employee, and their immediate family members |
Yes |
G-5 |
Attendants, servants and personal
employees of G-1, G-2, G-3 or� G-4 visa
holders and their immediate family members |
Yes |
H-1B |
Specialty Occupations, DOD
workers, fashion models |
Yes |
H-1C |
Nurses going to work for up to
three years in health professional shortage areas |
No |
H-2A |
Temporary agricultural workers |
No |
H-2B |
Temporary workers, skilled and
unskilled |
No |
H-3 |
Trainee |
No |
H-4 |
Spouse or child of H-1, H-2 or H-3
visa holders |
H-4 dependents of H-1B Yes; all other H-4 dependents, no |
I |
Visas for foreign media
representatives |
Yes |
J-1 |
Visas for exchange visitors |
No |
J-2 |
Spouse or child of J-1 visa
holders |
No |
K-1 |
Fianc�(e) |
Yes |
K-2 |
Minor child of K-1 |
Yes |
K-3 |
Spouse of a |
Yes |
K-4 |
Child of a K-3 (LIFE Act) |
Yes |
L1-A |
Executive, managerial |
Yes |
L1-B |
Specialized knowledge |
Yes |
L-2 |
Spouse or child of L-1 |
Yes |
M-1 |
Vocational or other nonacademic
students, other than language students |
No |
M-2 |
Immediate families of M-1 visa
holders |
No |
M-3 |
Vocational students who are
Canadian or Mexican citizens, who commute across the border to study
full-time or part-time in the |
No** |
N-8 |
Parent of alien classified as SK-3
�Special Immigrant� |
Yes |
N-9 |
Child of N-8, SK-1, SK-2, or SK-4
�Special Immigrant� |
Yes |
NATO 1 |
Principal Permanent Representative
of |
Yes |
NATO 2 |
Other representatives of Member
State; Dependents of Member of a Force entering in accordance with the
provisions of NATO Status-of-Forces agreement; Members of such a Force if
issued visas |
Yes |
NATO 3 |
Official clerical staff
accompanying Representative of Member State to NATO or immediate member |
Yes |
NATO 4 |
Official of NATO other than those
qualified as NATO-1 and immediate family |
Yes |
NATO 5 |
Expert other than NATO officials
qualified under NATO-4, employed on behalf of NATO and immediate family |
Yes |
NATO 6 |
Members of civilian component who
is either accompanying a Force entering in accordance with the provisions of
the NATO Status-of-Forces agreement; attached to an Allied headquarters under
the protocol on the Status of International Military headquarters set up
pursuant to the North Atlantic Treaty; and their dependents |
Yes |
NATO 7 |
Attendants, servants or personal
employees of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5 or NATO-6, or immediate |
Yes |
O-1 |
Extraordinary ability in the
sciences, arts, education, business,�
athletics |
Yes |
O-2 |
Essential support staff of 0-1
visa holders |
No |
O-3 |
Immediate family members of 0-1
and O-2 visa holders |
O-3 dependents of O-1 holders Yes;
O-3 dependents of O-2 holders, No |
P-1 |
Individual or team athletes |
No |
P-2 |
Artists and entertainers in
reciprocal exchange programs |
No |
P-3 |
Artists and entertainers in
culturally unique programs |
No |
P-4 |
Spouse or child of P-1, P-2 and
P-3. |
No |
Q-1 |
International cultural-exchange
visitors |
No |
Q-2 |
Irish Peace Process Cultural and
Training Program (Walsh Visas) |
No |
Q-3 |
Spouse or child of Q-2 |
No |
R-1 |
Religious workers |
Yes |
R-2 |
Spouse or child of R-1 |
Yes |
S-5 |
Informant of criminal organization
information |
No |
S-6 |
Informant of terrorism information |
No |
T-1 |
Victim of a severe form of
trafficking in persons |
Yes |
T-2 |
Spouse of a T-1 |
Yes |
T-3 |
Child of a T-1 |
Yes |
T-4
|
Parent of a T-1 visa holder (if
the child is under 21 years of age) |
Yes |
TC |
No longer issued.� TN issued in its place. |
No |
TD |
Spouse or child accompanying TN |
|
TN |
Trade visas for Canadians and
Mexicans in NAFTA |
No |
TPS
|
Temporary Protected Status |
Yes |
TWOV
|
Passenger or Crew |
No |
U-1 |
Victim of certain criminal
activity |
Yes |
U-2 |
Spouse of a U-1 |
Yes |
U-3 |
Child of a U-1 |
Yes |
U-4
|
Parent of a U-1 visa holder (if
the child is under 21 years of age). |
Yes |
V-1 |
Spouse of Legal Permanent Resident (LPR) who is the
principal beneficiary of a family-based petition (I-130) which was filed
prior to |
Yes |
V-2 |
Child of Legal Permanent Resident
(LPR) who is the principal beneficiary of a family-based petition (I-130)
which was filed prior to |
Yes |
V-3 |
Derivative
child of a V-1 or V-2 visa holder
|
Yes |
** Please note:� these
international, commuting students may be eligible for a waiver of nonresident
tuition under Texas Education Code �54.060(b).
Revised Chart II
Core Residency Questions
Texas
Higher Education Coordinating Board rule 21.731 requires each student applying
to enroll at an institution to respond to a set of core residency questions for
the purpose of determining the student�s eligibility for classification as a
resident.�
����
PART A.���
Student Basic Information.� All
Students must complete this section.
Name:��� �������������������������������������������������������������� ����� Student ID Number: ��������������������������
�������������������������������������
Date of Birth:�
������������������������������������������������������
���� �
PART B.���
Previous Enrollment.� For all
students.
1.�
During the 12 months prior to the term for which you are applying, did
you attend a public college or university in
�������������� Yes� ������������No�
___
��������������
�������������� If
you answered �no�, please continue
to Part C.
�������������� If
you answered �yes�, complete questions 2-5:
2. �What
3.�
In which terms were you last enrolled? (check all that apply)
�������������� ___� fall, 200__�������������������� ___� spring, 200__
4.�
During your last semester at a
�������������� ___
resident (in-state)����� ___ nonresident
(out-of-state)���� ������������������� ___ unknown���
5.�
If you paid in-state tuition at your last institution, was it because
you were classified as a resident or because you were a nonresident who
received a waiver?
�������������� ___
resident������������� ����������� ___ nonresident with a waiver� ������������������ ��___ unknown
IMPORTANT:� If you were enrolled at a
PART C.��� Residency Claim.�
Are you a resident of
����������� If
you answered yes, continue to Part
D.
����������� If
you answered no, complete the following question and continue to Part I.
����������������������� Of what state or country
are you a resident? __________________
����������� If you are uncertain, continue to Part D.
PART D.� Acquisition of High
School Diploma or GED.�
|
Yes |
No |
1. a.� Did you graduate from
high school or complete a GED in TX? |
|
|
1. b.� If you graduated from
high school, what was the name and city of the school? |
|
|
2.� Did you live in TX the 36
months leading up to high school graduation or completion of the GED? |
|
|
3.� When you begin the semester
for which you are applying, will you have lived in TX for the previous 12
months? |
|
|
4.� Are you a |
|
|
Instructions to Part D.:
�
If
you answered �no� to question 1a or 2 or 3, continue to Part E.
�
If
you answered �yes� to all four questions, skip to Part I.
�
If
you answered �yes� to questions 1, 2 and 3, but �no� to question 4,
complete a copy of the Affidavit in Chart III, provided as an
Attachment to this form, skip to Part I
of this form, and submit both this form and the affidavit to your institution.
1.�
Do you file your own federal income tax as an independent tax payer?�� Yes___����������� No
___
2.�
Are you claimed as a dependent or are you eligible to be claimed as a
dependent by a parent or court-appointed legal guardian? Yes___��� No ___�
(To be eligible to be claimed as a
dependent, your parent or legal guardian must provide at least one half of your
support.� A step-parent does not qualify
as a parent if he/she has not adopted the student.)
3.�
If you answered �No� to both questions above, who provides the majority
of your support?
����������� Self___����������� parent or guardian___ other:�
(list)______________________
Instructions to Part E.�
� If you answered �yes� to question 1,
continue to Part F.
� If you answered �yes� to question 2,
skip to Part G.
� If you answered �no� to 1 and 2 and
�self� to question 3, continue to Part F.
� If you answered �no� to 1 and 2 and
�parent or guardian� to question 3, skip to Part G.
� If you answered �no� to 1 and 2 and
�other� to question 3, skip to Part H
and provide an explanation, and complete Part I.
PART F.� Questions for students who answered �Yes� to
Question 1 or �Self� to Question 3 of PART E.
|
Yes |
No |
Years |
|
Visa/Status |
|
||||||
1.�
Are you a U.S. Citizen? |
|
|
|
|
|
|
||||||
2.�
Are you a Permanent Resident of the |
|
|
|
|
|
|
||||||
3.�
Are you a foreign national whose application for Permanent Resident
Status has been preliminarily reviewed? (You should have received a
fee/filing receipt or Notice of Action (I-797) from USCIS showing your I-485
has been reviewed and has not been rejected). |
|
|
|
|
|
|
||||||
4.�
Are you a foreign national here with a visa or are you a Refugee,
Asylee, Parolee or here under Temporary Protective Status?� If so, indicate which. |
|
|
|
|
|
|
||||||
5.�
Do you currently live in |
Yes |
No |
|
|
|
|
||||||
6.� a.� If you currently live in ���� b.� What is your main purpose for being in the
state?� If for reasons other than those
listed, give an explanation in Section H. |
|
|
Months |
Years |
|
|
||||||
Go to College [��
] |
Establish/maintain a home [��
] |
Work Assignment [��
] |
|
|||||||||
7.�
If you are a member of the U.S. military, is What state is listed as your
military legal residence for tax purposes on your Leave and Earnings
Statement? |
Yes |
No |
|
|
|
|
||||||
State |
|
|
|
|
||||||||
|
Yes |
No |
|
|||||||||
8.�
Do any of the following apply to you? (Check all that apply) a.�
Hold the title to real property (home, land) in If yes, date acquired:
________________________ b.�
Own a business in If yes, date acquired:
________________________ c.Hold a state or
local license to conduct a business or practice a profession in TX? If yes, date acquired:
________________________ |
|
|
|
|||||||||
|
|
|
||||||||||
|
|
|
||||||||||
9.�
For the past 12 months, have you: (Check all that apply)� a. been gainfully employed in TX? b.�
received services from a social service agency that provides services
to homeless persons? |
|
|
|
|||||||||
|
|
|
||||||||||
10.� Are you married to a person who could
answer �yes� to any part of question 8 or 9? a..� If yes, indicate which question could be
answered yes by your spouse: b.� How long have you been married to the |
|
|
||||||||||
Question: |
||||||||||||
Months |
Years |
|||||||||||
Skip Part G and Continue to Part
H.
PART G.� Questions for students who answered �Parent�
or �Legal Guardian� to Question 3 of PART E.
|
Yes |
No |
Years |
|
Visa/Status |
||
1.�
Is the parent or legal guardian upon whom you base your claim of
residency a |
|
|
|
|
|
||
2.�
Is the parent or legal guardian upon whom you base your claim of
residency a Permanent Resident? |
|
|
|
|
|
||
3.�
Is this parent or legal guardian a foreign national whose application
for Permanent Resident Status has been preliminarily reviewed?� (He or she should have received a fee/filing
receipt or Notice of Action (I-797) from the USCIS showing his or her I-485
has been reviewed and has not been rejected) |
|
|
|
|
|
||
4.�
Is this parent or legal guardian a foreign national here with a visa
or a Refugee, Asylee, Parolee or here under Temporary Protective Status?� If so, indicate which. |
|
|
|
|
|
||
5.�
Does this parent or legal guardian currently live in |
|
|
|
|
|
||
6.�
a.� If he or she is currently
living in ���
b.� What is your parent�s or
legal guardian�s main purpose for being in the state?� If for reasons other than those listed,
give an explanation in Section H. |
|
|
Months |
Years |
|
||
Go to College [��
] |
Establish/maintain a home [��
] |
Work Assignment [��
] |
|||||
7.�
If he or she is a member of the U.S. military, is What state is listed as his or her
military legal residence for tax purposes on his or her Leave and Earnings
Statement? |
|
|
|
|
|
||
State |
|
|
|
||||
|
Yes |
No |
8.�
Do any of the following apply to your parent or guardian? ���
(Check all that apply) a.� Hold the title to real property (home,
land) in If yes, date
acquired: ________________________ b.� Own a business in If yes, date acquired:
________________________ c.�� Hold a state or local
license to conduct a business or practice a profession in TX? If yes, date
acquired: ________________________ |
|
|
|
|
|
|
|
|
|
|
|
9.�
For the past 12 months, has your parent or guardian: (Check all that
apply)� a. been gainfully
employed in TX? b.� received services from a social service
agency that provides services to homeless persons? |
|
|
|
|
|
10.� Is your parent or legal
guardian married to a person who could answer �yes� to any part of question 8
or 9? a.� If yes, indicate which question could be
answered yes by your parent or guardian�s spouse: b.� How long has your parent or guardian been
married to the |
|
|
Question: |
||
Months |
Years |
I understand that officials
of my college/university will use the information submitted on this form to
determine my status for residency eligibility.�
I authorize the college/ university to verify the information I have
provided.� I agree to notify the proper
officials of the institution of any changes in the information provided.� I certify that the information on this
application is complete and correct and I understand that the submission of
false information is grounds for rejection of my application, withdrawal of any
offer of acceptance, cancellation of enrollment and/or appropriate disciplinary
action.
Signature:� ������������������������������������������������________���� �������� Date:� ________________
Chart III
AFFIDAVIT
STATE OF
����������������������������������������������������������������������� �
COUNTY
OF ________________���������������� �
Before me,
the undersigned Notary Public, on this day personally appeared
__________________________________________________________________,
known to
me, who being by me duly sworn upon his/her oath, deposed and said:
1.�
My name is ________________________________________________________.� �������������I am ___ years of age and have
personal knowledge of the facts stated herein and they are all true and
correct.
2.�
I graduated or will graduate from a
3.�
I resided in
4.�
I have resided or will have resided in
5. I have filed or will file an
application to become a permanent resident at the earliest opportunity that I
am eligible to do so.
In witness whereof, this ____________day of
_______________________, _________.
___________________________________
����������������������������������������������������������������������� (Signature)
����������������������������������������������������������������������� _________________________________
����������������������������������������������������������������������� (Printed
Name)
___________________________________
����������������������������������������������������������������������� (Student
I.D.#)
SUBCRIBED
TO AND SWORN TO BEFORE ME, on the ___________________ day of
________________________________________,
___________________________, to certify which witness my hand and official
seal.
__________________________________
����������������������������������������������������������������������� Notary
Public in and for the State of
Documentation to Support Domicile
and Residency
The
following documentation may be requested by the institution in order to resolve
issues raised by responses to the Core Residency Questions.� The listed documents may be used to establish
that the person is domiciled in
Part A Documentation
that can Support the Establishment of a Domicile and
Demonstrate the Maintenance of a Residence in for the
12 Months Prior to the Census Date of the Term in Which the Person Enrolls |
1.�
An employer�s statement of dates of employment (beginning and current
or ending dates) that encompass at least 12 months.� Other documents that show the person has
been engaged in activities intended to provide an income to a person or allow
a person to avoid the expense of paying another person to perform the tasks
(as in child care or the maintenance of a home) may also be used, as well as
documents that show the person is self-employed, employed as a homemaker, or
is living off his/her earnings, or through public assistance.� Student employment, such as work-study, the
receipt of stipends, fellowships or research or teaching assistanceships do
not qualify as a basis for establishing a domicile. 2.�
For a homeless person, written statements from the office of one or
more social service agencies located in |
Part B Documentation, which (if accomplished and
maintained for the 12 months prior to the census date of the term in which
the person enrolls and if accompanied by at least ONE type of document listed
in Part C), can Support the Establishment of a Domicile and
Demonstrate the Maintenance of a Residence in Texas for 12 Months |
1.� Title to real property in 2.�
Marriage Certificate with documentation to support that spouse is a
domiciliary of 3.�
Ownership of business in 4.� State or local licenses to conduct a
business or practice a profession in this state. |
Part C Documents
that May be Used to Demonstrate Maintenance
of a Residence for 12 Months These
documents do not show the establishment of a domicile.� They only support a person�s claim to have
resided in the state for at least 12 months.�
Activities in Part A and B of this Chart may be used to establish a
domicile. |
1.� Utility bills for the 12 months preceding
the census date; 2.� A 3.�
A transcript from a 4.�
A 5.�
Cancelled checks that reflect a 6.�
A current credit report that documents the length and place of
residence of the person or the dependent�s parent. 7.�
8.�
Pay stubs for the 12 months preceding the census date; 9.�
Bank statements reflecting a 10.� Ownership of real property with copies of
utility bills for the 12 months preceding the census date. 11.� Registration or verification from licensor,
showing 12.� Written statements from the office of one
or more social service agencies, attesting to the provision of services for
at least the 12 months preceding the census date. 13.� Lease or rental of real property, other
than campus housing, in the name of the person or the dependent�s parent for
the 12 months preceding the census date. |