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DAP Forums > DREAM Act > The Lounge

Question about Texas residency.

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#1
12-01-2012, 12:47 AM
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Joined in Oct 2012
69 posts
gabinoln
0 AP
I have lived in Texas for 10 years and I am in the process of getting my EAD, and I am currently a HS senior. Am I an Texas resident? What re the qualifications to being a resident?
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#2
12-01-2012, 12:54 AM
Senior Member
From College Station
Joined in Jul 2008
1,115 posts
Erik1421's Avatar
Erik1421
0 AP
Determination of Residence Status
A. The following persons shall be classified as Texas residents and entitled to pay resident tuition:

1. a person who:
a. graduated from a public or accredited private high school in this state or received the equivalent of a high school
diploma in this state, and
b. maintained a residence continuously in this state for
(i) the thirty-six months immediately preceding the date of graduation or receipt of the diploma equivalent, as
applicable; and
(ii) the 12 months preceding the census date of the academic semester in which the person enrolls in an institution
(Note: An individual who is neither a US citizen nor permanent resident must complete and submit the Residency Affidavit).

2. a person who:
a. established a domicile in this state not less than 12 months before the census date of the academic semester 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 semester 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 semester 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 semester 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;

3.an eligible nonimmigrant that holds one of the approved types of visas. A complete list is available on the Coordinating Board Web site.

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 an application for Cancellation of Removal and Adjustment of Status under Immigration Nationality Act 240A(b) or a Cancellation of Removal and Adjustment of Status under the Nicaraguan and Central American Relief Act (NACARA), Haitian Refugee Immigrant Fairness Act (HRIFA), or the Cuban Adjustment Act, and who has been issued a fee/filing receipt or Notice of Action by USCIS; and

7.a person who has filed for adjustment of status to that of a person admitted as a Permanent Resident under 8 United States Code 1255, or under the "registry" program (8 United States Code 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 semester 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.

http://www.admissions.txstate.edu/future/residency.html

There's more info on that webpage. But basically that is it. Other universities have similar webpages, search yours if you're still doubtful.
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#3
12-01-2012, 01:05 AM
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Joined in Oct 2012
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gabinoln
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Thank you!
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