Continuing Students

Immigration Information
A student seeking to pay in-state tuition at a California State University campus as a first-time freshman, transfer, or post-baccalaureate/graduate student must have an eligible immigration status to establish residency. Therefore, the student must be a United States citizen, a permanent resident (Green Card holder), or hold an eligible visa status (see Visa Types and Nonimmigrant Status).

If a student does not qualify as a California resident, the student may be eligible for certain exceptions and exemptions, such as California Nonresident Tuition Exemption, commonly known as AB 540. Nonresident students (including US citizens, permanent residents, and undocumented individuals, including students with a T visa U visa, DACA, Humanitarian Parole (certain countries), Special Immigrant Juvenile, asylum, refugee, or Temporary Protected Status) may be exempted from paying nonresident tuition. Students seeking the AB 540 Exemption must satisfy attendance and graduation/transfer requirements from a California school (e.g., K-12, adult school, and community college).

Directory of Different Immigration Categories that are Eligible to Establish California Residency for Tuition Purposes (US Citizens, Permanent Residents, United States Nationals, Visa Categories, and Nonimmigrant Statuses)

Students must hold an eligible status at least one year before the Residence Determination Date to be considered eligible to establish California residency for tuition purposes.

US Citizens Eligible to Establish California Residency for Tuition Purposes
US Citizens are considered citizens of the United States by virtue of birth or naturalization.

Lawful Permanent Residents Or Applicants for Permanent Resident Status are Eligible to Establish California Residency for Tuition Purposes
A lawful permanent resident resides in the United States under legally recognized and lawfully recorded residence as an immigrant. In addition, individuals who applied for Permanent Resident status may be eligible depending on where they are in the process.

US Nationals are Eligible to Establish California Residency for Tuition Purposes
A US National is an individual born in or has ties to an outlying possession of the United States.

• Citizens of American Samoa, Guam, Puerto Rico, Northern Mariana Islands, United States Virgin Islands
• CFA/MIS - Compact of Free Association: Republic of The Marshall Islands
• CFA/FSM -Compact of Free Association: The Federated States of Micronesia
• CFA/PAL -Compact of Free Association: Palau

Visa Categories that are Eligible to Establish California Residency for Tuition Purposes

The Immigration and Nationality Act allows individuals of certain nonimmigrant statuses to establish permanent residency in the United States. Therefore, they are entitled to establish California residency for tuition purposes. Students must hold an eligible visa status at least one year before the Residence Determination Date to be eligible to establish California residency for tuition purposes.

Nonimmigrant Statuses and Other Categories that are Eligible to Establish California Residency for Tuition Purposes

The Immigration and Nationality Act allows individuals of certain nonimmigrant statuses to establish permanent residency in the United States. Therefore, they are entitled to establish California residency for tuition purposes. Students must hold an eligible visa status at least one year before the Residence Determination Date to be eligible to establish California residency for tuition purposes.

Students with Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status, Humanitarian Parole (only in certain countries), adjusting their immigration status depending on where they are in the application process, such as asylum, Specials Immigrant Juvenile, refugee, T, U, or VAWA are also eligible to establish residency for tuition purposes.

Directory of Visas Precluded from Establishing Residency for Tuition Purposes

The Immigration and Nationality Act allows individuals of certain nonimmigrant statuses to establish permanent residency in the United States. Therefore, they are entitled to establish California residency for tuition purposes. Students must hold an eligible visa status at least one year before the Residence Determination Date to be eligible to establish California residency for tuition purposes.

Nonimmigrant Statuses and Other Categories that are Eligible to Establish California Residency for Tuition Purposes (list needs to be added)

Students with Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status, Humanitarian Parole (only in certain countries), adjusting their immigration status depending on where they are in the application process, such as asylum, Specials Immigrant Juvenile, refugee, T, U, or VAWA are also eligible to establish residency for tuition purposes.

Visas Precluded from Establishing Residency

Visa holders who hold F1 visas, exchange visitors, and other nonimmigrant status are precluded from establishing residency (paying in-state tuition). Students may still enroll at a CSU university but will be charged a nonresident tuition rate (a higher tuition rate).

Physical Presence: The student or parent/guardian must be physically present in California for more than one year immediately preceding the Residence Determination Date in which enrollment is contemplated.

For example, if a student plans to attend the CSU for the Fall 2023 academic term, and the Residence Determination Date for that term is September 20, 2023, the student must establish physical presence in California no later than September 19, 2022.

For example, if a student plans to attend the CSU for the Spring 2024 term (semester campus), and the Residence Determination Date for that term is January 25, 2024, the student must establish physical presence in California no later than January 24, 2023.

Intent: California law stipulates the burden of proof rests with the student, and merely living in California for a year does not support a claim for residency for tuition purposes. The student, or in some cases a parent or legal guardian, must demonstrate intent to remain indefinitely in the state for more than one year immediately preceding the Residence Determination Date (RDD) and sever all residential ties with the former state or country of residence. If the student is under the age of 19, the student's residence status is derived from that of the parent or legal guardian unless an exception applies. There must be sufficient documentation to demonstrate that intent was established more than one year (a minimum of one year and one day) before the Residence Determination Date.

Documents must include the student's name, the student's California address, and a date at least one year and one day prior or on the RDD for the term. For example, if the student plans to submit a copy of their driver's license as evidence that they meet residency requirements, the driver's license must be dated before or on September 19, 2022, to meet residency requirements for Fall 2023.

For students under the age of 19, documents must be in the parent or legal guardian's name unless a limited exception applies. Also, a parent or legal guardian's immigration status does not preclude a student from establishing residency; therefore, the parent or legal guardian is not required to provide any immigration documents to demonstrate intent.

Documents Required:

A minimum of three documents is required. At least one document must be from list A, and the remaining documents may be selected from either List A or List B.

Options to meet the requirement: 

• Option 1: One document from list A and two documents from List B
• Option 2: Two documents from list A and one document from List B
• Option 3: All three documents from list A (for example, CA driver's license, CA vehicle registration, and CA Voter Registration card)

Please note: The campus residency specialist may require additional documents in addition to the documents listed in List A and B to determine the residence status.

List A:

• California State Income Tax Return (student can be listed as a dependent on the tax return)
• Ownership of residential property as a primary residence in California (must meet RDD)
• Continuous occupancy of rented or leased property in California (must meet RDD)
• Obtaining a California Driver's License or Identification Card (must meet RDD)
• Registering To Vote and Voting history (must meet RDD)
• Registering a Motor Vehicle Operated in California (must meet RDD)
• Permanent Military Address or Home of Record on Military Records
• Receipt of California state services (e.g., unemployment, disability, CalFresh) (must meet RDD)
• Payment of nonresident tuition at an out-of-state institution if attended within the past year

List B:

• Federal Income Tax Return with a California address (student can be listed as a dependent on the tax return)
• Utility bill (e.g., cell phone, gas, electrical) with the same California address (must meet RDD, and only one utility bill will be accepted)
• Maintaining Active Resident Memberships in Professional Organizations (e.g., police union, teacher's union) (must meet RDD)
• Maintaining an Active Bank Account with a California address (must meet RDD)
• Employment in California (e.g., verification of employment, W-2, pay stubs) (must meet RDD)
• Vehicle insurance with a California address (student must be listed in the policy) (must meet RDD)
• Selective Service Registration with a California address
• Court documents (e.g., ward of the court, divorce decree, or child support)

Actions and/or documents that show residential ties to a State or country other than California may cause a denial of residency.

 

For more information about an initial residency classification in California, see California Education Code Section 68017 and California Code of Regulations Title 5, Sections 41904 and 41905.

A student classified as a nonresident for a prior term may seek reclassification in any subsequent term; however, reclassification requires that, in addition to satisfying the requirements of eligible immigration status, physical presence, and intent to remain indefinitely in the state, the student must also satisfy the requirement of financial independence as outlined in Title 5 CCR § 41905.5. The student must contact the appropriate person in the campus admissions office, complete the approved Residence Questionnaire Form, and provide supporting documents.

Reclassification: Financial Independence Requirement

• Any nonresident student requesting reclassification to a resident for tuition purposes must demonstrate financial independence
• Student has not and will not be claimed as an exemption for state and federal tax purposes by the student's parent in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application
• Student has not and will not receive more than seven hundred fifty dollars ($750) per year in financial assistance from their parent in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application
• Student has not lived and will not live for more than six weeks in the home of their parent during the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application

Note: Students who receive a government scholarship and/or financial assistance should be viewed the same as state and federal financial aid, and athletics grants-is-aid; and should not be counted as parental support.

Effective Fall 2020 academic term, if the student meets at least one of the following criteria, the student does not have to meet the financial independence requirement.  Student must provide the campus admissions office supporting documents (e.g., state income tax returns, court documents, marriage certificate, military order form) that demonstrate they meet the criteria.

• Dependent on a parent who has California residence for more than one year immediately preceding the residence determination date;
• Enrolled in a graduate or post‐baccalaureate program, regardless of age;
• Turned 24 years of age by the residence determination date;
• Married or registered domestic partner as of the residence determination date;
• Active-duty members serving in the US Armed Forces
• Veteran of the US Armed Forces
• Legal dependent other than spouse or registered domestic partner
• Former ward of the court, foster youth or both parents are deceased
• Declared by a court to be an emancipated minor
• Unaccompanied youth who is homeless or at risk of becoming homeless

Example 1: If a student married in 2024, in order to meet the financial independence criteria, the student must have been married by September 20, 2024 (Fall Residence Determination Date). Document required: Marriage certificate.

Example 2: If a student turns 24 years of age in 2024, the student must turn 24 by September 20, 2024 (Fall Residence Determination Date).  Documents required: California ID/Driver's license.

Example 3: If the student is dependent on California residents, the parents must reside in California by September 19, 2023, in order to meet the requirement of more than one year immediately preceding the residence determination date requirement for Fall 2024. Optional documents required: CA tax return, CA Identification Card/Driver's license.

Students financially dependent on nonresident parents are not eligible for reclassification. As with the initial residence classification, the campus must review the information presented by the student in connection with any subsequent reclassification request and notify the student of its decision. If reclassification is denied, the student has the right to appeal if they meet the criteria for appeals.