Residence for Tuition Purposes: Noncitizens and Aliens

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An alien adult (at least 18 years of age) student may establish residence for tuition purposes in California if he or she is a permanent resident or other immigrant, or is a nonimmigrant who is not precluded from establishing a domicile in the U.S.

Eligible Alien

An eligible alien is a noncitizen whose immigration status allows him or her to establish a domicile in the U.S. Nonimmigrants who are not precluded from establishing a domicile in the U.S. include those who hold valid visas of the following types: A, E, H-1, H-4, I, K, L, O-1, O-3, and R. To be eligible for consideration as a resident, an eligible alien must meet the physical presence requirement (366 days in California) on a visa that does not preclude him or her from establishing residence, meet the financial independence requirement, and meet the intent requirement.

Nonimmigrant Alien

A nonimmigrant alien is a person admitted to the U.S. for a temporary period of time and for a specific purpose. Resident status is not available to aliens whose presence in California is solely for educational purposes, or to those aliens who hold the following types of visas: B-1, B-2, C, D-1, D-2, F-1, F-2, H-2, H-3, J-1, J-2, M-1, M-2, O-2, P, Q, TN, and TD NAFTA.

An adult alien who entered the U.S. with one of these visa types, who is in the process of adjusting his or her status to permanent resident shall not be precluded from establishing residence in California if he or she:

• properly filed an application for a change of status more than one year prior to the residence determination date (RDD) and provides an acknowledgement of receipt of the I-485, a USCIS receipt notice indicating a proper fee was paid for the filing of the I-485, or an employment authorization document with provision of law 274a.12(c)(9), and
• remains on a current, valid immgration status while waiting for a decision on his or her permanent residence application, and
• has received one of the following:
  • approved Petition to Classify Status of Alien Relative
  • approved preference petition
  • approved labor certification

             or

• is legally present and has properly filed a Request for Asylum (I-589) one year prior to the RDD (to verify proper filing, one must present acknowledgment of receipt for the I-589 and an employment authorization document with provision of law 2741.12(c)(8) that has not expired)

Once an alien has acquired a status that entitles him or her to establish residence in California for tuition purposes, he or she must fulfill the same criteria as a U.S. citizen in order to be classified as a resident for tuition purposes. Those criteria are the combination of more than one year of physical presence, intent, and financial independence. Once residence is established, it must be maintained for more than one year immediately prior to the RDD.

Minor Alien

A minor alien may be eligible for California residence for tuition purposes if the parent with whom he or she resides has lived in California for more than one year immediately prior to the RDD, and during that time the parent has demonstrated intent to remain permanently in California.

Resident status is not available to a minor alien if the parent with whom the minor resides holds one of the following visas: B-1, B-2, C, D-1, D-2, F-1, F-2, H-2, H-3, J-1, J-2, M-1, M-2, O-2, P, Q, TN, or TD NAFTA.

A minor alien whose custodial parent entered the U.S. with one of these visa types may be eligible for residence if:

• the parent has properly filed an application for adjustment of status to permanent resident more than one year prior to the RDD and provides an acknowledgement of receipt of the I-485, a USCIS receipt notice indicating a proper fee was paid for the filing of the I-485, or an employment authorization document with provision of law 274a.12(c)(9), and
• the parent and student remain on a current, valid immgration status while waiting for a decision on the parent's permanent residence application, and
• the parent has received one of the following:
  • approved Petition to Classify Status of Alien Relative
  • approved preference petition
  • approved labor certification

             or

• the parent is legally present and has properly filed a Request for Asylum (I-589) one year prior to the RDD (to verify proper filing, one must present acknowledgment of receipt for the I-589 and an employment authorization document with provision of law 2741.12(c)(8) that has not expired)