<p>Do i have to or will it make no difference </p>
<p>If you have a visa, by definition you can’t be in-state anywhere.
If you’re a permanent resident and your family lives in a state and pay their taxes there (depending on state regulations the exact requirements vary) then you pay in-state tuition.</p>
<p>If you will study on a student visa, you cannot establish a legal domicile in the US, which makes you ineligible for in-state tuition in most states. However, a few public universities award out-of-state tuition waivers to a select number of international students as a merit scholarship. </p>
<p>If your family is in the US on an immigrant or dual-intent visa (e.g. an H-1B work visa), you may be eligible for in-state tuition if you meet the residency criteria of that state. (Usually, that you have to be physically present in the state for a year before college, or else you’ll be out-of-state for the duration of the degree program.) </p>
<p>If you have been living in the US for some time, and have completed high school here, it is possible that you could be eligible for in-state status regardless of visa status. That depends entirely on the state where you have been living and where you have completed high school. So do ask your guidance counselor if that happens to be your situation.</p>
<p>If you have family in the US, and you would live with them while studying here, but you would need to get a student visa, then No. You won’t be considered in-state. However, if they will feed and house you, that is the equivalent of a full room and board scholarship, so you would save lots of money.</p>