Residence Status

§21.730  Determination of Residence Status

a.  The following persons shall be classified as Texas residents and entitled to pay resident tuition at all institutions of higher education:

(1)  a person who:

(A) graduated from a public or accredited private high school in this state or, as an alternative to high school graduation, received the equivalent of a high school diploma in this state, and

(B) maintained a residence continuously in this state for:

  •  the thirty-six months immediately preceding the date of graduation or receipt of the diploma equivalent, as applicable; and
  •  the 12 months preceding the census date of the academic term in which the person enrolls in an institution.

(2)  a person who:

(A)  established a domicile in this state not less than 12 months before the census date of the academic term in which the person enrolls in an institution; and

(B)  maintained a residence continuously in the state for the 12 months immediately preceding the census date of the academic term in which the person enrolls in an institution.

(3)  a dependent whose parent:

(A)  established a domicile in this state not less than 12 months before the census date of the academic term in which the person enrolls in an institution; and

(B)  maintained a residence continuously in the state for the 12 months immediately preceding the census date of the academic term in which the person enrolls in an institution.

b.  The following non-U.S. citizens may establish a domicile in this state for the purposes of subsection (a)(2) or (3) of this section:

(1)  A Permanent Resident;

(2)  A person who is eligible for permanent resident status, who has filed an I-485 Application for Permanent Residency and has been issued a fee/filing receipt or Notice of Action from USCIS;

(3)  A nonimmigrant that holds one of the types of visas who are eligible to domicile in the United States;

(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 for adjustment of status to that of a person admitted as a Permanent Resident under 8 U. S. Code 1255, or under the “registry” program (8 USC 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.

c.  The domicile of a dependent’s parent is presumed to be the domicile of the dependent unless the dependent establishes eligibility for resident tuition under subsection (a)(1) of this section.

d.   A domicile in Texas is presumed if, at least 12 months prior to the census date of the term in which he or she is to enroll, the person owns real property in Texas, owns a business in Texas, or is married to a person who has established a domicile in Texas.  Gainful employment other than work-study and other such student employment can also be a basis for establishing a domicile.

e.   The temporary absence of a person or a dependent’s parent from the state for the purpose of service in the U.S. Armed Forces, Public Health Service, Department of Defense, U.S. Department of State, as a result of an employment assignment, or for educational purposes, shall not affect a person’s ability to continue to claim that he or she is a domiciliary of this state.  The person or the dependent’s parent shall provide documentation of the reason for the temporary absence.

f.   The temporary presence of a person or a dependent’s parent in Texas for the purpose of service in the U.S. Armed Forces, Public Health Service, Department of Defense or service with the U.S. Department of State, or as a result of any other type of employment assignment does not preclude the person or parent from establishing a domicile in Texas.


§ 21.731 Information Required to Initially Establish Resident Status

To initially establish resident status under §21.730 of this title, (relating to Determination of Resident Status), a person shall provide the institution with a completed set of Core Residency Questions. An institution may request that a person provide documentation to support the answers to the Core Residency Questions.  A list of appropriate documents is included at the end of this chapter.  In addition, the university may request documents that support the information the student may provide in Section H of the core questions.

If a person who establishes resident status under §21.730(a)(1) of this title (graduation from a Texas public or accredited private high school or the equivalent) is not a Citizen of the United States or a Permanent Resident, the person shall, in addition to the other requirements of this section, provide the institution with a signed affidavit, stating that the person will apply to become a Permanent Resident as soon as the person becomes eligible to apply.  The affidavit shall be required only when the person applies for resident status and shall be in the form provided by the University of Houston-Victoria.

An institution shall not impose any requirements in addition to the requirements set forth in §21.731 for a person to establish resident status.

University Of Houston-Victoria
3007 N. Ben Wilson, Victoria, TX 77901
(361) 570-4848, Toll Free in Texas (877) 970-4848

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