California Residency Requirement

Requirements: 

• The student must have:

• Students who are nonimmigrants who are victims of trafficking, domestic violence, and other serious crimes who have been granted T or U visa status, under Title 8 of the United States Code, sections 1101(a)(15)(T) or (U) are eligible for this exemption.

• Students who are nonimmigrants, other than those with T or U visa status as noted above, [for example, those who hold F (student) visas, B (visitor) visas, etc.] are not eligible for this exemption.

• The student must file an exemption request including a signed affidavit with the college that indicates the student has met all applicable conditions described above. Student information obtained in this process is strictly confidential unless disclosure is required under law.

• Students eligible for this exemption who are transferring to another California public college or university must submit a new request (and documentation if required) to each college under consideration.

• Nonresident students meeting the criteria will be exempted from the payment of nonresident tuition, but they will not be classified as California residents. They continue to be “nonresidents”.

• The California Dream Act extends Cal Grant A and B Entitlement awards, Cal Grant C awards, Chaffee grants, and institutional financial aid to students that meet these criteria as well as the applicable criteria for eligibility for specific types of financial aid.

• AB540 does not provide federal student financial aid eligibility for undocumented students. These students remain ineligible for federal financial aid.

he Deferred Action for Childhood Arrivals (DACA) program was established by the U.S. Department of Homeland Security (DHS) in June 2012.  Under this program, individuals meeting specified requirements can apply to have a deportation action deferred for two years, subject to renewal for an additional two years.  Students under DACA are considered by DHS to be lawfully present in the United States during the period of deferred action

On June 5, 2014, the United States Citizenship and Immigration Services (USCIS) updated its Frequently Asked Questions regarding Consideration of Deferred Action for Childhood Arrivals (DACA).  Of significance, the USCIS clarified that “individuals granted deferred action are not precluded by federal law from establishing domicile in the U.S.” (Frequently Asked Questions, #5.)   Based on this clarification, we have concluded that students who have been granted DACA status have taken appropriate steps to obtain a change of status from the applicable federal agency to a classification which does not preclude establishing domicile. (See, Cal. Code Regs., tit. 5, § 54045(c).) Thus, for residency determinations made on or after June 5, 2014, if the student otherwise meets the requirements of California law related to physical presence and the intent to make California home for other than a temporary purpose, the student can be classified as resident for purposes of assessing tuition, awarding Board of Governors Fee Waivers, and determining eligibility for services that require California residency.

While DACA status is conferred for only two years, subject to renewal, as a general rule residency classification will not be impacted by the renewal requirement.  Once a student has been classified as a resident, colleges are not required to determine the student’s classification again unless the student has not been in attendance for more than one semester or quarter. (Cal. Code Regs., tit. 5, 54010(a).)