F1 visa holders are not eligible to domicile in the US per the US Immigration office, therefore, a student holding an F1 visa would not be eligible to apply for in-state residency for tuition purposes.
The student and parent must hold a current immigration status that is eligible to domicile in the United States.
The residency of a minor or dependent for non-U.S. citizens is based on one of the following circumstances:
- The student and parent must hold a current immigration status that is eligible to domicile in the United States.
- The residence of the parent who has claimed or is eligible to claim the dependent for federal income tax purposes both at the time of enrollment and for the tax year preceding enrollment;
- The residence of the parent or court-appointed legal guardian with whom the dependent or minor has physically resided for the 12 months prior to enrollment;
- The residence of the parent or court-appointed legal guardian who has joint or single custody of the child, if that individual is not delinquent on the payment of child support; or
- The residence of the person to whom custody was granted by court order (e.g., divorce decree, child custody actions, guardianship or adoption proceedings), provided custody was granted at least 12 months prior to the student's enrollment and was not granted for the purpose of obtaining status as a resident student.
The parent or court-appointed legal guardian must have resided in Texas for at least 12 consecutive months immediately preceding the student's enrollment and must meet the criteria indicative of a fixed intention to reside permanently in Texas as listed below. The parent or court-appointed legal guardian must show proof of gainful employment for the previous 12 months. Gainful employment is defined as employment that is sufficient to provide at least one-half of the individual's tuition and living expenses or represents an average of at least 20 hours per week. The student will be required to complete a set of Core Residency Questions and provide supporting documentation that meets the below criteria:
- Proof of the parent's physical residence in Texas for the previous 12 consecutive months; and
- Proof of the establishment and maintenance of domicile in Texas for a period of 12
consecutive months. Although not conclusive or exhaustive, the following factors occurring
throughout a consecutive 12-month period prior to the census date of the semester
in which a person seeks to enroll may lend support to a claim regarding his/her intent
to establish domicile in Texas:
- Significant gainful employment in Texas that represents at an average of at least twenty hours per week or is sufficient to provide at least one-half of the individual's tuition and living expenses
- Sole or join-marital ownership of residential real property in Texas that is their primary residence
- Ownership and customary management of a business entity in Texas without the intention of liquidation for the foreseeable future
- Marriage to a person who has resided and maintained domicile (see above items) in Texas
Below is the Documentation to Support Domicile and Residency PDF. For examples of documentation that may help substantiate establishment of domicile, see Part A. For examples of documentation that may help substantiate physical residence in Texas, please see Part B.
In addition to the documentation required, both the parent and the student must present the appropriate immigration status documentation.
The dependent student may not be classified as a resident for tuition purposes unless the student and the parent hold a current immigration status that is eligible to domicile in the United States and has resided in Texas a minimum of 12 consecutive months. The following non-U.S. Citizens who are eligible to establish a domicile in Texas under the law and can obtain Texas residency, if they meet the basic residency requirements, are listed below: (Appropriate document will be required.)
- Permanent Residents (I-551) or document showing extension of this card
- Holder of the I-766 card that has not expired
- Holder of the I-688, I-688a or I-699b card that has not expired
- Letter from INS showing approval under the visa diversity (lottery) program
- Notice of Action (I-797) showing approved, or letter from INS showing grant of deferred action status
- Copy of fee receipt issued by INS when the petition was filed
- Holder of the I-485 - The application to register Permanent Residence or adjust status
- Refugees, Asylees, Parolees, Conditional Permanent Residents (holding I-551 cards which have not expired), Temporary Residents (holding I-688, I-688a, or I-688b cards which have not expired)
- Holder of one of the following visa types (A-1, A-2 who is a dependent of A-1, A-3, E-1, E-2, G-1, G-2, G-3, G-4, G-5, H-1B, I, K-1, K-2, K-3, K-4, L-1, L1-a, L1-b, L-2, NATO 1-7, O-1, O-3 who is a dependent of O-1, R-1, R-2, T-1, T-2, T-3, T-4, U-1, U-2, U-3, U-4, V-1, V-2, V-3
- F1 visa holders are not eligible to domicile in the US per the US Immigration office, therefore, a student holding an F1 visa would not be eligible to apply for in-state residency for tuition purposes.
To begin the process of applying for Residency Reclassification, submit an Ask Now question through the Scrappy Says website. A Residency Counselor will follow up with you on next steps in the process.
It is the student's responsibility to determine if the above guidelines are in effect when applying for residency.
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