Lori Meadows
International students can become residents for undergraduate programs in a few ways. One common way is to obtain a lawful permanent resident status, also known as a green card, which classifies the student as a domestic student. Additionally, international students can qualify for in-state residency tuition by meeting specific criteria, such as attending a particular number of years at a local high school or having domicile-eligible immigration status. However, the requirements for residency vary across states and institutions, with some students needing to submit residency paperwork to the relevant office for evaluation. It is also important to note that international students on specific visas may not be eligible for residency due to their temporary status and maintenance of residence in their home country.
| Characteristics | Values |
|---|---|
| Definition of an international student | An individual who is not a citizen or national of, or lawfully admitted for permanent residence in, the country in which they are studying |
| Definition of a resident | Lawfully admitted for permanent residence in the country in which they are studying |
| Requirements for residency | Submission of residency paperwork, including proof of identification such as a green card or alien registration card |
| Tuition fees for international students | Higher than those for domestic students |
| Eligibility for residency | International students can become residents for tax purposes if they have been in the host country for more than 5 years and meet the "Substantial Presence Test" |
| Tax liability for residents | Resident aliens have the same liability for Social Security and Medicare Taxes as citizens |
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What You'll Learn
Submit a copy of your green card
To be considered for admission as an undergraduate at some universities, such as Gallaudet University, you must submit a copy of your green card, also known as an alien registration card or U.S. Permanent Resident Card. This is because your residency status affects your tuition fees. If you are a lawful permanent resident of the United States and provide a copy of your green card, you will be considered a domestic student and charged tuition accordingly. If you fail to submit a copy of your green card, you will be considered an international student and charged international tuition fees.
If you have lost your green card, you must request a replacement card and provide a copy to the admissions team upon its arrival. Note that staff members are not authorized to offer any legal advice or guidance to anyone wishing to become a permanent resident of the United States.
There are many categories of green card eligibility, including family-based petitions, self-petitions (such as the EB-2 national interest waiver), and the diversity immigrant visa lottery. You are encouraged to consult with an immigration attorney if you have questions about permanent residency options.
If you are an international student at Cornell University, the university can only file a permanent residency petition on your behalf if your department supports it. Most Cornell permanent residency petitions are filed under the EB-1B outstanding professor or researcher category. This pathway is for outstanding professors or researchers with at least three years of teaching or research experience in their academic field. Cornell can also support the EB-2 national interest waiver (NIW) category. This pathway is for scholars whose work is of substantial merit and national importance.
It is wise to start the petition process early, as you can only remain in H-1B status for six years. Cornell does not allow outside attorneys to represent the university in employment-based permanent residency cases except under very limited circumstances. There is a review and approval process for permission.
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Attended 3 years of Texas High School
International students who have attended a Texas high school for three consecutive years may qualify for Texas residency. To be considered a Texas resident, students must meet the following requirements:
- Graduate from a Texas high school or receive a GED.
- Reside in Texas for 36 months immediately preceding graduation from a Texas high school or receipt of a GED.
- Reside in Texas for 12 months preceding the census date of the academic semester in which the person enrolls in an institution of higher education.
- Sign an affidavit stating that you meet the above qualifications and will apply for permanent residency when eligible.
It is important to note that students on F and J visas in high school are not eligible for residency as they do not continuously reside in Texas and have maintained their residence in their home country. Additionally, marriage to a Texas resident does not grant immediate residency. To establish residency through parentage, at least one of the following criteria must be met:
- The person owns real property in Texas.
- The person owns a business in Texas.
- The person is married to someone who has established a domicile in Texas.
- The person has had gainful employment in Texas, excluding work-study and other student employment.
To apply for Texas residency, international students should submit residency paperwork to the Registrar's Office at their respective institutions. They may also contact the Office of Undergraduate Admissions or the relevant graduate admissions office for more information on establishing residency.
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Transferring from a Texas college
International students can establish Texas residency in two basic ways: by establishing domicile or through high school graduation.
To be classified as a Texas resident, you must have resided in Texas for one year prior to enrollment and established a domicile in Texas before enrolling. If you are transferring from one Texas college to another, you will be classified as a Texas resident at the new college, provided you were classified as a Texas resident at your previous college.
If you are claimed as a dependent on your parent's federal income tax return, they must establish domicile in Texas for you to claim residency. To establish domicile, you or your parents must meet the following criteria:
- Physically reside in Texas with the intent to always return to the state after a temporary absence.
- Sole or joint marital ownership of residential real property in Texas. Renting a residence does not count.
If you are an independent student for tax purposes, you may gain resident status by establishing domicile in Texas. To establish domicile, you must meet the following criteria:
- Live in Texas for 12 months before the census date of the semester in which you enrol.
- Submit a Residency Affidavit stating that you will apply for permanent residency when you are eligible.
If you are an international student who has attended three years of Texas high school, graduated from a Texas high school, and lived in Texas for 12 months prior to enrollment, you may meet the state requirements for in-state, resident tuition.
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Domicile-eligible immigration status
To establish a domicile in the United States, you must demonstrate a physical presence in the country and a clear intention to remain indefinitely. This can be achieved by taking steps such as buying property, securing local employment, or engaging with community institutions. Additionally, minimizing foreign ties can reinforce your intention to make the US your permanent home.
For immigration purposes, establishing domicile is particularly relevant in the context of the Affidavit of Support, where sponsors must prove their ability to financially support the immigrant without relying on public funds. Domicile also affects tax obligations, with US domiciliaries liable for taxes on their global income. Furthermore, domicile plays a role in estate planning, as it can determine how an individual's estate is managed and distributed upon their death, especially for those with assets in multiple countries.
In the context of education, individuals who have applied for a Permanent Resident Card and are seeking to establish domicile for residency purposes may be eligible, depending on their visa status. For example, at Colorado State University, certain non-immigrant visa holders are not eligible to establish Colorado domicile for residency, including those with F-1, F-2, H-3, M-1, and M-2 visas. However, visa holders in other categories, such as H-4 or J-1, may be eligible if their primary purpose in Colorado is not educational.
To be considered for undergraduate admission as a domestic student at universities like Gallaudet University, international students must provide a copy of their US Permanent Resident Card (also known as a Green Card) along with their resident alien ID number. This indicates that the student has been lawfully admitted for permanent residence in the United States and will be charged tuition at the domestic rate. Without this proof of identification, international students will be subject to international tuition rates and may face restrictions on course registration.
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Submit residency paperwork
To become a resident for undergraduate studies, international students need to submit residency paperwork. This process can vary depending on the educational institution and the state or country in which it is located.
In the context of the University of North Texas (UNT), international students seeking to establish Texas residency for tuition purposes should submit their residency paperwork to the Registrar's Office at the Eagle Student Services Center, room 209. They can contact the Office of Undergraduate Admissions for guidance by phone (940-565-2681) or email ([email protected]).
The specific documents required for establishing residency may include, but are not limited to:
- Proof of permanent resident status: This could be in the form of a Green Card, officially known as a US Permanent Resident Card. The cardholder's resident alien ID number and the date of issue should be included.
- Evidence of continuous presence: International students on F and J visas in high school, for instance, are typically not eligible for Texas residency because they do not continuously reside in the state and maintain their residence in their home country.
- Domicile-eligible immigration status: This may be based on self-declaration or, for eligible minors, based on the parent's residency.
- Duration of residency: In Texas, for instance, certain requirements, such as Senate Bill 1528, stipulate that undocumented students must have attended three years of Texas high school, graduated from a Texas high school, and lived in Texas for 12 months prior to enrollment to qualify for in-state residency tuition.
- Prior residency status confirmation: If transferring from another Texas college or university, confirmation of prior residency status from the previous institution may be required.
It is important to note that each educational institution and state may have its own specific requirements and processes for submitting residency paperwork. Therefore, it is advisable to contact the relevant offices, such as the Office of Undergraduate Admissions or the Registrar's Office, for detailed information pertaining to the specific institution and location.
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Frequently asked questions
People who do not hold U.S. citizenship or have a U.S. permanent resident card (green card) are considered international students.
International students can qualify for in-state resident tuition in many ways, including:
- Attending three years of Texas High School and graduating from a Texas High School.
- Transferring from a Texas college/university where they met state rules.
- Holding a domicile-eligible immigration status and having lived in Texas for 12 months.
To be considered a resident, you must submit a copy of your alien registration card, also known as a U.S. Permanent Resident Card (green card), to the relevant office at your university.
