Hey guys! I’m a college sophomore who is currently in the process of applying for a transfer during the Spring 2017 semester. I’m currently facing the issue of residency, mainly in regards to tuition. I lived in California for 4 years, and graduated high school there two years ago. I also have a California Driver’s License. However, my parents moved to Texas after I graduated and I ended up going to school in Pennsylvania. I know the UC system has the criteria of physical presence (living in the state for a year before residency check), but I was wondering: are there any schools in California that have residency criteria I could meet for in-state tuition? I would really appreciate any insight into this situation, and if anyone has been in a similar situation I would really appreciate any sort of advice. Thanks!
People have been trying to get around CA’s residency laws for years, which is why very smart college administrators in conjunctions with very smart lawyers, made them as tough as they are.
Bottom line, the only way you can get CA residency is to be a self supporting adult who has lived in CA for a year, and has the paperwork to prove it.
Agree with katliamom- our policies are quite strict and I believe the CSU system uses the same residency criteria as the UC system.
UT-Austin and Texas A&M have some good programs.
How many years did you attend high school in California before graduating from high school in California?
AB540 may allow for a waiver of non-resident tuition if you do not have California residency in some cases.
http://admission.universityofcalifornia.edu/paying-for-uc/tuition-and-cost/ab540/
http://ucop.edu/student-affairs/policies/universitywide-program-policies-and-guidelines/AB540.html
I attended high school for 4 years and have a diploma from the school. Are they particularly strict with the exemptions?
To be absolutely certain, prepare all the docs and transcripts then call the admin office of a target school.
I think you would qualify for and get the AB540 exemption – the problem is that you wouldn’t know for certain until after you had been accepted. So you might want a backup plan.
From the California Residence and Policy guidelines: http://ucop.edu/general-counsel/_files/ed-affairs/uc-residence-policy.pdf
H. California High School Graduate (AB 540 – Cal. Ed. Code § 68130.5)6
A student who attended a high school in California for three or more years and who graduated from a California high school (or attained the equivalent) will be exempt from paying nonresident supplemental tuition until s/he meets the University of California residence requirements.
AB 540 Requirements:
- attended a high school in California for three or more years and graduated from a California high school (or attained the equivalent), OR attained credits earned in California from a California high school equivalent to three or more years of full-time high school coursework and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of those schools and graduated from a California high school (or attained the equivalent),
AND - enrolled at or registered to enroll at a University of California campus after January 1, 2002, and
- must not be a nonimmigrant as defined by federal immigration law, and
- must complete an affidavit stating that if s/he does not have a lawful immigration status, s/he has filed an application to legalize his/her immigration status, or will file such an application as soon as s/he is eligible to do so.
This exemption is available to undergraduate, graduate, and professional students. A student who meets the qualifications listed above will remain a nonresident for tuition purposes, but will not be assessed nonresident supplemental tuition.
6 Effective January 1, 2015 state bill AB 2000 expands eligibility for AB 540 status to also include students who “demonstrate attainment of credits earned in California from a California high school equivalent to three or more years of full-time high school coursework and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of those schools.” (Cal. Ed. Code section 68130.5)
48
OK, this is legalese that baffles me: “must not be a nonimmigrant as defined by immigration law.”
The double negative seems to read “must be an immigrant”?
A “nonimmigrant as defined by federal immigration law” is a person in the US on a temporary visa, like a tourist visa or a student visa. See http://internationaloffice.berkeley.edu/nonimmigrant-vs-immigrant-status
So item #3 means that the student applying for the waiver cannot be a non-citizen who is in the US on a temporary visa. They could be a green card holder or even (I think) undocumented (under part #4) – but they can’t be someone who got paperwork to enter the US based on the representation that they would be here for specific purposes, temporarily.
I don’t think it would apply to the OP, as my impression is that he simply is an American-born student whose parents lived in California while he was in high school, but have since moved to Texas while he was attending school in Pennsylvania.
D was born in California, went to school in California through high school, paid California income taxes throughout college out of state, and was nonetheless deemed a non-resident for grad school purposes because of the year she spent out of state between college and grad school. It didn’t really matter, since tuition was covered by her grant and it just a question of how much money was going to be transferred fro one UC account to another, but it goes to show how picky they can be. I agree: document everything and be prepared to deal with nit-picky bureaucrats.
The AB 540 exemption does not grant resident status – it simply exempts the nonresident student from having to pay attention. In essence, a person needs to be deemed a “nonresident” in order to even qualify to ask for the exemption – but there is no expiration date on the exemption.
See FAQs at http://ucop.edu/student-affairs/policies/universitywide-program-policies-and-guidelines/AB540.html#impact_3
Specifically:
I’m thinking that, given that she had been awarded a full-tuition grant, your daughter would have had no reason to fill out the forms seeking the exemption, and you or her might be confused about the distinction between the residency determination and the standards for the exemption.
AB 540 doesn’t mean that OP will be classified as a “resident”. (He can try, but there’s a good chance that will be denied as he has been in PA for 2 years.) It means that if (as is likely) he is classified as a “nonresident”, he will qualify for a separate exemption for paying nonresident tuition.
Regarding the stuff quoted in reply #8…
Non-immigrants mean those on non-immigrant visas, as listed at https://travel.state.gov/content/visas/en/general/all-visa-categories.html . People who are not non-immigrants include:
- US citizens.
- US permanent residents.
- Non-US-citizens with visas listed under immigrant visas at https://travel.state.gov/content/visas/en/general/all-visa-categories.html .
- Non-US-citizens without proper immigration documents. Note: must also fulfill item 4 of the list in reply #8.
Ok @Sportsman88
This exemption (getting out of paying) for OOS fees applies to you if:
- You graduated from school in California by attending 3 or more years AND
- You enrolled at a UC (or CSU) campus
- You are a US citizen/permanent resident
- Doesn’t apply to you because you are a US citizen.
Does that make sense?
You will probably pay, at least one year of OOS fees, in your year of transfer, but after that, you will probably pay instate rates.
Call the UC you plan to attend, for more information.
No, the exemption applies in the first year.
The process is this:
- Applicant applies to attend school.
- Applicant is admitted.
- Applicant fills out forms applying for resident status for tuition. (In this case, because applicant was a California resident & maintained California as domicile, as indicated by driver's license, even though temporarily out of state for 2 years to attend colleges).
- UC denies residence status and deems applicant nonresident (because of 2 years in PA and parent's move to Texas)
- Applicant applies for exemption.
- Nonresident fees waived.
The EXEMPTION under AB 504 is totally different from establishing residency - it is a WAIVER of nonresident fees, and obviously only applies if there is something to waive.
The OP only needs to apply for the exemption once – it will automatically be applied in subsequent years – and the OP will also have to apply promptly to be sure to get a determination before tuition fees are due – but that exemption (fee waiver) will continue to be available, whether or not the OP takes other steps to re-establish California residency.