Atlantic University Students: Texas Residency Options

International students can establish residency in Texas in two ways: by establishing domicile or by graduating from high school. To establish domicile, an international student must live in Texas for 12 consecutive months and establish and maintain domicile for 12 consecutive months by fulfilling one of the following criteria: gainful employment, sole or joint marital ownership of residential property, or ownership and operation of a business. To establish residency through high school graduation, an international student must graduate from a Texas high school or receive a GED, live in Texas for 36 months before graduation, and live in Texas for 12 months before the census date of the semester in which they enroll. International students seeking residency through high school graduation must also submit a Residency Affidavit stating their intention to apply for permanent residency when eligible.

Residency requirements for international students

International students are classified as "foreign students" under Texas state law. This classification is important because it determines whether a student pays non-resident or in-state tuition fees, with the latter being lower. Being a resident also qualifies a student to apply for financial aid awarded by the state.

International students can establish residency in Texas in the following ways:

High School Graduation

This option is available to international students who:

• Graduate from a Texas high school or receive a GED in Texas;
• Live in Texas for 36 months immediately before high school graduation; and
• Live in Texas for 12 months immediately before the census date of the semester in which they enroll at a Texas college or university.

International students seeking residency through high school graduation must submit a Residency Affidavit stating that they will apply for permanent residency when eligible.

Establishing Domicile

This option is available to international students who:

• Possess an eligible visa or immigration status;
• Are independent for tax purposes and establish domicile in Texas; or
• Are claimed as a dependent on their parent's or legal guardian's federal income tax return, in which case the parent or guardian must establish domicile in Texas.

To establish domicile, the following criteria must be met:

• Live in Texas for 12 consecutive months; and
• Establish and maintain domicile for 12 consecutive months, evidenced by:
• Gainful employment in Texas (excluding student jobs);
• Sole or joint marital ownership of residential real property in Texas;
• Ownership and operation of a business in Texas; or
• Marriage for one year to a person who has established domicile in Texas.

Other Ways for International Students to Qualify for In-State Tuition

In addition to the above ways to establish residency, international students can qualify for in-state tuition through various means, including:

• Senate Bill 1528: For those who attended 3 years of Texas high school;
• Transferring from a Texas college/university where state residency rules were previously met;
• Domicile-eligible immigration status and 12 months of Texas residency (based on self or parent for eligible minors);
• Competitive scholarships;
• Employment waivers for faculty, teaching/research assistants, and dependents;
• Military service: Military personnel assigned to duty in Texas, along with their spouses and dependent children, are entitled to pay the same tuition as Texas residents.

How to establish domicile in Texas

To establish domicile in Texas, you must meet two basic requirements: 1) live in Texas for 12 consecutive months, and 2) establish and maintain a physical presence and intent to make Texas your permanent place of abode. Here is a detailed guide on how to establish domicile in Texas:

Get a New Address in Texas:

Decide on your living situation: Will you buy property, stay with relatives, or use a mail service address? If using a mail service, ensure it is authorized by the USPS and recognized by the state of Texas for a driver's license.

Update Vehicle Information and Driver's License:

• Once you have a Texas address, insure, inspect, and register your vehicles in the county of your new address.
• Then, obtain your Texas driver's license.

Register to Vote and Establish Community Connections:

• While at the DMV, check for a new voter registration card or find one online.
• Start building professional connections with local service providers and join social clubs or organizations to establish a network in your new community.

Update Estate Planning Documents:

Review and update your will and estate planning documentation to reflect your new state of domicile. This is especially important if you own real estate in multiple states, as it can impact the distribution of your assets.

Spend Quality Time in Your New Domicile:

For individuals who travel frequently, ensure you spend sufficient time in Texas to demonstrate your intent to make it your permanent residence.

File an Affidavit of Domicile (Optional):

Texas does not require an affidavit of domicile. However, you can choose to file one to further confirm your intent to establish domicile in the state.

Additional Considerations:

• Clearly abandon your prior domicile: Sever ties with your previous state by moving all your belongings and taking any other actions that demonstrate your intent to leave that state.
• Understand the implications: Domicile impacts insurance, taxes, lawsuits, voting rights, healthcare, and more. Ensure you are aware of the consequences of changing your domicile.
• Consult an attorney: For specific legal advice and guidance on establishing domicile in Texas, consider consulting a licensed attorney or certified professional.

Residency requirements for US citizens

Texas Residency Requirements:

Texas residency requirements are important for determining eligibility for in-state tuition rates and financial aid at public colleges and universities. Texas law classifies applicants as residents of Texas, non-residents, or foreign (international) students. To qualify as a Texas resident, an individual must reside in Texas for one year prior to enrollment and establish a domicile in the state. Establishing a domicile typically involves providing evidence of gainful employment, ownership of residential property, business ownership, or marriage to a Texas resident.

Residency for Voting and Taxing Purposes:

It's important to note that residency requirements for voting and taxing purposes may differ from those for education or other purposes. Each state has its own criteria for determining residency status, and individuals should refer to their specific state guidelines.

US Citizenship and Immigration Services (USCIS) Requirements:

The USCIS has specific requirements for establishing residency when considering US citizenship, especially for children born or adopted abroad, including those in military families. The USCIS defines "residence" as a continuous presence and activity in the US, such as attending college or working, rather than simply physical presence. For naturalization, applicants must show continuous residence in the US for five years or three years if they are spouses of US citizens. Absences from the US for extended periods may disrupt an applicant's continuous residence claim.

Residency for Lawful Permanent Residents:

Lawful permanent residents, or green card holders, may become eligible for US citizenship after five years or three years if married to a US citizen. Residency requirements for permanent residents involve maintaining their status and complying with applicable laws and regulations.

Residency requirements for permanent residents

Texas state law classifies each person who applies for admission to a Texas public college or university as either a resident of Texas or a foreign (international) student. This classification is important as it determines whether a student pays non-resident tuition rates or in-state rates, which are lower. Being a resident also qualifies a student to apply for financial aid awarded by the state.

There are two ways to establish Texas residency:

Residency through High School Graduation

This option is available to citizens or permanent residents of the US and to international students (with certain eligible visa types). To establish residency through high school graduation, you must:

• Graduate from a Texas high school or receive a GED in Texas; and
• Have lived in Texas for the 36 months immediately before high school graduation; and
• Live in Texas for the 12 months immediately before the census date of the semester in which you enroll at a Texas public college or university.

Residency by Establishing Domicile

This option 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.
• International students who hold an eligible visa.

To establish domicile, you must meet the following criteria:

• Live in Texas for 12 consecutive months; and
• Establish and maintain domicile for 12 consecutive months prior to the application deadline, by doing one of the following:
• Be gainfully employed in Texas (student jobs do not qualify as gainful employment)
• Sole or joint marital ownership of residential real property in Texas by the person seeking to enrol or the dependent's parent, having established and maintained a domicile at the residence
• Own and operate a business in Texas
• Be married for one year to a person who has established domicile in Texas

Documentation

To verify Texas residency, an individual must present two printed documents as proof of address. Both documents must contain the individual's name and residential address. One of the documents must verify that the individual has lived in Texas for at least 30 days.

The following documents will be accepted to verify an individual's Texas residency:

• Current deed, mortgage, monthly mortgage statement, mortgage payment booklet or a residential rental/lease agreement
• Valid, unexpired Texas voter registration card
• Valid, unexpired Texas motor vehicle registration or title
• Valid, unexpired Texas boat registration or title
• Valid, unexpired Texas concealed handgun license (CHL) or license to carry (LTC)
• Utility or residential service bill dated within 180 days of the date of application
• Selective Service card
• Current homeowner’s or renter’s insurance policy, statement, or card
• Current automobile insurance policy, statement or card
• Texas high school, college or university report card or transcript for the current school year
• Preprinted W-2, 1099, or 1098 tax form from an employer, government, or financial institution for the most recent tax year
• Mail or printed electronic statements from financial institutions; including checking, savings, investment accounts and credit card statements dated within 180 days of the date of application
• Mail or printed electronic statements from a federal, state, county or city government agency, or a third-party representing a government agency dated within 180 days of the date of application
• Current automobile payment booklet or statement
• Current documents issued by the U.S. military or Veteran's Administration indicating a residential address
• Document from the Texas Department of Criminal Justice indicating the applicant's recent release or parole
• Letter of Medical Explanation of Benefits or medical bills
• Valid, unexpired Texas fishing or hunting license
• Pre-printed paycheck or payment stub, dated within 180 days of the application date
• Current Form DS2019 or a document issued by U.S. Citizenship and Immigration Services (non-commercial DL and ID only)
• Letter of Texas residency issued by the Texas Juvenile Justice Department (TJJD)

How to request a reclassification of residency status

To request a reclassification of residency status, you must submit a completed Core Residency Questionnaire form. Along with the form, you should submit supporting documentation that proves you or your parent or legal guardian (if a dependent) have met the requirements to be classified as a Texas Resident.

The Core Residency Questionnaire is used to properly classify incoming students and provides information on how to request a reclassification of residency for tuition purposes.

The Core Residency Questionnaire and supporting documentation must be submitted before the official census date for the semester for which you are requesting reclassification.

The Core Residency Packet can be submitted electronically. You can also submit the Core Residency Questionnaire and supporting documentation via email to the residency office or through the Undergraduate Document Submission form.

The Residency Office will review the Core Residency Questionnaire and the supporting documentation. After the initial review, and throughout the review process, additional documentation may be requested.

If you are a former or continuing student, you must return the form to the Registrar's Office. Please contact the Registrar's Office regarding questions or reclassification of residency status for tuition purposes.

Frequently asked questions