Non-U.S. Citizen Basing Residency on Self

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.

A non-U.S. citizen is entitled to classification as a resident for tuition purposes through one of several ways:

High School Graduation in Texas

To be classified as a resident based on graduating from a Texas high school, the person must meet the below criteria and provide supporting evidence:

  1. Graduate from a high school in Texas
  2. Physically reside in Texas for 36 consecutive months immediately preceding high school graduation
  3. Physically reside in Texas for 12 consecutive months immediately preceding the census date of the semester in which the student enrolls in a Texas public college or university

Establishment and Maintenance of Domicile

To be classified as a resident based on being an independent who has established and maintained domicile in Texas, the person must provide the following:

  1. Proof of physical residence in Texas for the previous 12 consecutive months; and
  2. 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:
    1. 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
    2. Sole or join-marital ownership of residential real property in Texas that is their primary residence
    3. Ownership and customary management of a business entity in Texas without the intention of liquidation for the foreseeable future
    4. Marriage to a person who has resided and maintained domicile (see above items) in Texas

Waivers

Students who may not meet the above requirements to be reclassified as a resident for tuition purposes may still qualify for a tuition waiver to pay the in-state tuition rate. Further information on tuition waivers can be found via the Student Accounting website: https://sfs.unt.edu/waivers-and-exemptions

The student may not be classified as a resident for tuition purposes unless he/she holds 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.

Special note to students who are undocumented and who do not have college work prior to Fall 2001: Please contact the Office of Admissions for additional information. You may qualify for Texas residency under HB 1403. SB 1528

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.

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.

Go to Scrappy Says website.

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