Texas Residency

Determining Texas Residency

In accordance with rules established by the Texas Higher Education Coordinating Board and pursuant to the Texas Education Code, a student’s classification as a resident, nonresident, or international (foreign) student for tuition purposes is determined by the Office of Admissions Processing prior to enrollment. Students are responsible for payment of tuition and all required fees by published deadlines.

International students must demonstrate lawful presence in the United States to be eligible to pay tuition at the resident rate, receive state financial aid, or qualify for applicable tuition waivers and exemptions. Classification as a permanent resident of the United States does not, by itself, establish eligibility for Texas residency for tuition purposes.

Students who become aware of an error in their residency classification are responsible for notifying the Office of Admissions Processing (view deadlines). To request a review or correction, students may be required to submit a Core Residency Questionnaire, available through the A&M-Victoria Student Portal, along with supporting documentation.

Questions regarding residency classification should be directed to the Office of Admissions Processing at 361-570-4110 or admissions@tamuv.edu. Complete rules and regulations governing residency determination are available through the Texas Higher Education Coordinating Board

An individual must demonstrate lawful presence in the United States and meet one of the following criteria to be eligible to establish and maintain domicile in Texas for tuition purposes:

• A U.S. citizen;
• A permanent resident (Green Card holder);
• An individual eligible for permanent resident status who has filed an Application to Register Permanent Residence or Adjust Status (Form I-485);
• A nonimmigrant holding a visa type eligible to establish domicile (excluding F-1/F-2, J-1/J-2, and TN/TD visa classifications). Refer to the Immigration Status page for a complete list of eligible visa types;
• An individual classified by U.S. Citizenship and Immigration Services (USCIS) as a Refugee, Asylee, Parolee, Conditional Permanent Resident, or Temporary Resident;
• An individual granted Temporary Protected Status (TPS);
• An individual granted deferred action status by USCIS;
• An applicant with an approved I-360 petition, including those under the Violence Against Women Act (VAWA), and eligible spouses and children;
• An individual who has filed an application for Cancellation of Removal and Adjustment of Status under Immigration and Nationality Act §240A(b), or under the Nicaraguan Adjustment and Central American Relief Act (NACARA), Haitian Refugee Immigrant Fairness Act (HRIFA), or the Cuban Adjustment Act, and who has received a filing receipt or Notice of Action from USCIS;
• An individual who has filed for adjustment of status under 8 U.S.C. §1255, the “registry” provision under 8 U.S.C. §1259, or the Special Immigrant Juvenile Program (8 U.S.C. §1101(a)(27)(J)), and who has received a filing receipt or Notice of Action from USCIS.

Students are classified as one of the following:

• Texas Resident
• Nonresident
• International (Foreign) Student

An individual who meets Texas residency requirements under state law will be classified as a resident. All others will be classified as nonresidents unless qualifying for an exception.

Initial Residency Determination

To ensure proper classification:

• Students must complete ALL Texas Residency Questions on the ApplyTexas application.
• Students are responsible for providing accurate and complete information.
• A&M-Victoria may request additional documentation to verify responses.

Initial classification is determined based on information provided during the admissions application process and remains in effect unless officially updated prior to enrollment or subsequently reclassified in accordance with university procedures.

Establishing Texas Residency

1. Residency Through Texas High School Graduation

A student may qualify for Texas residency if the student:

• Graduated from a Texas high school or received a GED in Texas;
• Resided in Texas for 36 consecutive months prior to graduation;
• Resided in Texas for 12 consecutive months prior to the census date of enrollment; and
• Demonstrates lawful presence in the United States.

Students who are not U.S. citizens or lawful permanent residents (Green Card holders), but who can demonstrate lawful presence in the United States, may submit a notarized Residency Affidavit. This affidavit affirms the student’s intent to apply for permanent residency when eligible. Submission of this affidavit may allow the student to be considered for resident tuition classification, provided all applicable requirements, including Texas high school graduation criteria, are satisfied.

2. Residency for Dependent Students

A dependent individual is a person who is claimed, or eligible to be claimed, as a dependent on a parent’s or legal guardian’s federal income tax return.

To establish residency as a dependent, the student must demonstrate lawful presence in the United States. In addition, the parent or legal guardian who claims the student for the most recent and current tax year must meet one of the following citizenship or immigration criteria: U.S. citizen; lawful permanent resident; applicant for permanent residency with a valid I-797 notice; eligible visa holder (excluding F-1, J-1, or TN visa classifications); or other qualifying immigration status as defined by state regulations (see “Who is eligible to establish and maintain domicile for tuition purposes in Texas”).

The parent or legal guardian must also satisfy the following requirements:

1. Physical Presence
   The parent or legal guardian must have resided in Texas for the 12 consecutive months immediately preceding the census date of the term of enrollment.
2. Establishment of Domicile
   The parent or legal guardian must have established and maintained domicile in Texas for the 12 consecutive months immediately preceding the census date by meeting at least one of the following criteria:
   • Residential Real Property: Ownership (sole or joint marital), lease, or rental of residential real property in Texas, supported by documentation such as a warranty deed, lease agreement, or rental agreement. The documentation must demonstrate continuous residence at the same address during the 12-month period.
   • Ownership of a Business: Ownership and operation of a business in Texas for the 12 consecutive months immediately preceding the census date. The business must reflect ongoing, active management, substantial economic interest, and an intent to continue operations indefinitely.
   • Gainful Employment: Employment in Texas for the 12 consecutive months immediately preceding the census date, documented by employer statements and/or pay records. Employment must be considered gainful, meaning it provides at least one-half of the individual’s tuition, fees, and living expenses, or averages of at least 20 hours of work per week. Employment dependent upon student status (e.g., work-study, stipends, fellowships, teaching or research assistantships) does not qualify.
   • Marriage: Marriage to an individual who has established and maintained domicile in Texas for at least 12 consecutive months immediately preceding the census date. Documentation must include a valid marriage certificate and evidence of the spouse’s qualifying domicile.

3. Residency for Independent Students

An independent individual is a student who filed their own federal income tax return for the most recent tax year, is not claimed (nor is eligible to be claimed) as a dependent on a parent’s or legal guardian’s federal tax return and provides their own financial support.

To establish residency as an independent student, the individual must demonstrate lawful presence in the United States and meet one of the following citizenship or immigration criteria: U.S. citizen; lawful permanent resident; applicant for permanent residency with a valid I-797 notice; eligible visa holder (excluding F-1, J-1, and TN classifications); or other qualifying immigration status as defined by state regulations (see “Who is eligible to establish and maintain domicile for tuition purposes in Texas”).

In addition, the student must:

• Physically reside in Texas for 12 consecutive months immediately preceding the census date; and
• Establish and maintain domicile in Texas for the same 12-month period by meeting at least one of the following criteria:
  • Residential Real Property: Ownership, lease, or rental of residential property in Texas with documentation verifying continuous residence during the 12-month period;
  • Business Ownership: Ownership and active management of a business in Texas demonstrating substantial economic interest and ongoing operations;
  • Gainful Employment: Employment in Texas averaging at least 20 hours per week or sufficient income to cover at least half of tuition, fees, and living expenses. Employment tied to student status (e.g., work-study, stipends, fellowships, or assistantships) does not qualify;
  • Marriage: Marriage to an individual who has established Texas domicile for at least 12 consecutive months, supported by a marriage certificate and documentation of the spouse’s qualifying domicile.

4. Residency for Military Personnel

• Active-duty military members with Texas as their Home of Record are classified as residents
• Military members who establish Texas residency for 12 consecutive months may also qualify
• Spouses and dependents may qualify under the same provisions

Veterans and their dependents must meet standard residency requirements unless otherwise eligible under state or federal benefits.

Errors in Residency Classification

While every effort is made to ensure accuracy, errors may occur. Students who believe their residency classification is incorrect must:

• Contact the Office of Admissions Processing immediately; and
• Resolve the issue before the start of the semester

The University may reclassify a student based on new or corrected information. If a student is incorrectly classified:

• Tuition will be adjusted beginning with the next applicable term;
• The University may retroactively assess tuition differences if:
  • The student failed to provide relevant information; or
  • The student knowingly provided false or misleading information

Residency Reclassification

Applicants and New Admits or Enrolled and current students who meet the requirements under one of the four residency options, or who believe their residency status was incorrectly classified, may submit the Core Residency Questionnaire through the A&M-Victoria Student Portal, along with supporting documentation. The Office of Admissions Processing will review the request, make a determination, and may contact the student to request additional documentation to support their claim. Once a determination is made, students will receive a notification through their student portal explaining their residency classification.

Per state policy, The Office Admissions Processing may request further documentation from the student to determine if residency requirements were clearly and convincingly met.

Deadlines:

• Requests must be completed before the date of census (12th class day) to be effective for that term
• Requests completed after the census date apply to the next term

Failure to submit documentation on time does not constitute a university error.

Waivers and Exceptions

Certain students who do not meet residency requirements may qualify for tuition waivers or exemptions that allow them to pay tuition at rates comparable to resident tuition, as authorized by Texas law. See the tuition waivers and exemptions page for more information.