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 if that person:

  • Graduated from a Texas public or accredited private high school, and
  • Resided in Texas the 36 months immediately preceding the date of graduation or receipt of the diploma equivalent, and
  • Resided in Texas the 12 consecutive months preceding the census date of the academic semester in which the person enrolls in an institution; and
  • Provides the institution an affidavit stating that the individual will file an application to become a permanent resident at the earliest opportunity he/she is eligible to be classified as resident for tuition purposes. or
  • An independent individual who moves into the state and is gainfully employed within the State of Texas for a period of 12 consecutive months prior to enrolling in an institution of higher education. 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. Employment with the University in any of our student based positions does not count toward gainful employment. These positions include receipt of stipends, work study, fellowships, and research or teaching assistantships. or
  • An independent individual who holds the title to real property (home, land) in Texas, or
  • An independent individual who owns a business in Texas, or
  • An independent individual who holds a state or local license to conduct business or practice a profession in Texas.

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

The student will be required to complete a set of Core Residency Questions and provide supporting documentation (see below). For additional types of documentation to support domicile, please see Part B in the Documentation to Support Domicile and Residency PDF below.

Suggested Supporting Documents for Non-U.S. Citizen Basing Residency on Self

Please note that the above are some suggested documents and is not intended to be an exhaustive list.  Additional documentation may be required to complete proof of residency.

  • Visa or other government documentation
  • Apartment lease
  • Paystubs from previous 12 months indicating at least one half of individual’s tuition and fees or at least 20 hours per week
  • Title/Deed of real property acquisition
  • Business license or proof of business ownership
  • License to conduct business or practice a profession in Texas
  • Residency Affidavit

For more information, please contact a Residency Counselor in the Registrar’s Office, Eagle Student Services Center, Room 209, 940-369-5197, as soon as possible to make certain that you understand the guidelines outlined below or to obtain additional information.

It is the student's responsibility to determine if the above guidelines are in effect when applying for residency. In-state reclassification is not granted on a retroactive basis.

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