Establishing Residency
Individuals can establish residency for tuition purposes via several different options. One option is through high school graduation and the other options are based on establishment and maintenance of a domicile and the intent to establish residency in Texas.
Residency Through High School Graduation in Texas:
To establish residency through high school graduation, a person must:
1. Graduate from a high school in Texas or receive a GED in Texas; and
2. Physically reside in Texas for the 36 consecutive months immediately prior to high school graduation; and
3. Physically reside in Texas for the 12 consecutive months immediately prior to the census date of the semester in which the student enrolls in a Texas public college or university
If you are neither a US Citizen nor have issued a Permanent Resident card issued from U.S. Citizenship and Immigration Services (USCIS), you must also submit a copy of the Affidavit of Intent to become a permanent resident stating that you will apply for permanent residency when you are eligible to do so.
If you do not meet all three of the above listed criteria, you must wait until you have met all of the above criteria before you can change your residency status or you can see if you meet one of the other options.
Residency by Establishing and Maintaining a Domicile:
This option for establishing residency in Texas is available to:
- Citizens or permanent residents of the US (Non-citizens and non-permanent residents may also use this option if they have an application for permanent residency on file with the US Citizenship and Immigration Service for at least 1 year without being denied.)
- International students who hold an eligible visa or immigration status to domicile in the U.S.
Dependent Individuals:
The residency for tuition purposes of a student who is not independent is based upon that of the parent or court-appointed legal guardian who claims that student as a dependent for federal income tax purposes or provides more than half that student's financial support, regardless of the length of time the student has resided in Texas. If the parent or court-appointed legal guardian of a dependent student meets the criteria of having established residency for tuition purposes, the dependent student is eligible to pay resident tuition. Parents and legal guardians qualify for Texas Residency by following the same criteria as independent individuals listed above.
Students are not able to obtain residency through family members, sponsors, or individuals who are not their biological or adoptive parent, or court-appointed legal guardian, even if that person claims them on taxes or provides the majority of their financial need.
Independent Individuals:
If you filed as an independent (or filed jointly with your spouse) for the previous tax year on your most recent tax filing, and you do not receive the majority of your financial support from another person who is not your spouse, you may gain residency if you establish and maintain a domicile in Texas and show your intent to establish residency in Texas.
To establish residency you must meet the following criteria:
1. Physically reside in Texas and have for the previous 12 consecutive months; and
2. Establish and maintain a domicile in Texas for 12 consecutive months. The following factors, if maintained for twelve consecutive months while residing in Texas, may lend support to a claim of domicile and intent to establish residency in Texas:
a. Have sole or joint-marital ownership of residential real property in Texas which is your primary residence.
b. Ownership and customary management of a business in Texas which is regularly operated without the intention of liquidation for the foreseeable future.
c. Gainful employment that is sufficient to provide at least one-half of the individual's expenses or that represents an average of at least twenty hours of employment per week. Employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment.
d. Marriage to a person who has resided and maintained domicile (items a-c above) in Texas.
Military:
A member of the United States Armed Services whose Home of Record with the military is Texas is presumed to be a Texas resident, as are his or her spouse and dependent children. A member whose Home of Record is not Texas but who provides the institution Leave and Earnings Statements that show the member has claimed Texas as his or her place of residence for the 12 consecutive months prior to enrollment is presumed to be a Texas resident, as are his or her spouse and dependent children.
If you did not select Texas as your Home of Record when you entered the service, and you have not taken steps to change your permanent residence with the military to Texas, you may still qualify for a waiver under Texas statutes.
Immigration Status
The following non-U. S. citizens may establish a domicile in this state for the purposes of establishing residency for tuition purposes:
1. A Permanent Resident
2. A person who has filed an I-485 application for permanent residency and has been issued a fee/filing receipt or notice of action by USCIS showing that his or her I-485 has been reviewed and has not been rejected;
3. An eligible nonimmigrant that holds one of the following types of visas:
| Visa Type |
Nonimmigrant (Temporary) Visa Categories |
| A-1 |
Ambassadors, public ministers or career diplomats and their immediate family members |
| A-2 |
Other accredited officials or employees of foreign governments and their immediate family members |
| A-3 |
Personal attendants, servants or employees and their immediate family members of A-1 and A-2 visa holders |
| E-1 |
Treaty traders, spouse and children |
| E-2 |
Treaty investors, spouse and children |
| G-1 | Principal resident representative of recognized foreign member government to international organization, and members of immediate family. |
| G-2 | Other accredited representatives of recognized foreign member governments to international organization and their immediate family members |
| G-3 | Representatives of non-recognized or nonmember government to international organization, and members of immediate family |
| G-4 | International organization officer or employee, and their immediate family members |
| G-5 | Attendants, servants and personal employees of G-1, G-2, G-3 or G-4 visa holders and their immediate family members |
| H-1B | Specialty Occupations, DOD workers, fashion models |
| H-4 | Spouse or child of H-1B holder only |
| I | Visas for foreign media representatives |
| K-1 | Fiancé(e) |
| K-2 | Minor child of K-1 |
| K-3 | Spouse of a U.S. citizen (LIFE Act) |
| K-4 | Child of a K-3 (LIFE Act) |
| L1-A | Executive, managerial |
| L1-B | Specialized knowledge |
| L-2 | Spouse or child of L-1 |
| N-8 | Parent of alien classified as SK-3 "Special Immigrant" |
| N-9 | Child of N-8, SK-1, SK-2, or SK-4 "Special Immigrant" |
| NATO 1 | Principal Permanent Representative of Member State to NATO and resident members of official staff or immediate family |
| 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 |
| NATO 3 | Official clerical staff accompanying Representative of Member State to NATO or immediate member |
| NATO 4 | Official of NATO other than those qualified as NATO-1 and immediate family |
| NATO 5 | Expert other than NATO officials qualified under NATO-4, employed on behalf of NATO and immediate family |
| 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 |
| NATO 7 | Attendants, servants or personal employees of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5 or NATO-6, or immediate |
| O-1 | Extraordinary ability in the sciences, arts, education, business, athletics |
| O-3 | Immediate family members of O-1 holders only |
| R-1 | Religious workers |
| R-2 | Spouse or child of R-1 |
| T-1 | Victim of a severe form of trafficking in persons |
| T-2 | Spouse of a T-1 |
| T-3 | Child of a T-1 |
| T-4 | Parent of a T-1 visa holder (if the child is under 21 years of age |
| TPS | Temporary Protected Status |
| U-1 | Victim of certain criminal activity |
| U-2 | Spouse of a U-1 |
| U-3 | Child of a U-1 |
| U-4 | Parent of a U-1 visa holder (if the child is under 21 years of age). |
| 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 December 21, 2000, and has been pending for at least three years |
| 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 December 21, 2000, and has been pending for at least three years |
| V-3 | Derivative child of a V-1 or V-2 visa holder |
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.
How to Apply for a Change of Residency Status
For a student to request a change of residency status, they must submit a completed copy of the Core Residency Questions form. Along with the form, the student must submit supporting documentation that proves he/she or their parent (if a dependent) have met the requirements to be classified as a Texas Resident for tuition purposes.
Examples of supporting documentation:
- Physically residing in Texas – Utility bills, lease agreement, bank statements, credit card statements, paystubs
- Gainful employment in Texas – Paystubs, letter from employer(s), payroll history
- Ownership of a business in Texas – Tax documents, documents of establishment of business with State or county, Articles of Incorporation
- Ownership of residential real property in Texas – Deed, title, property tax, Appraisal District information
Documentation must show 12 consecutive months of being maintained in Texas.
For additional information regarding residency for tuition purposes or sending in your core residency questionnaire and supporting documentation, please contact the Admissions office you were admitted through.