Residency | Tarleton State University

What is Residency Determination?

Residency for admission and tuition purposes at a public college or university in Texas is not the same as residency for voting or tax purposes. The Texas Higher Education Coordinating Board and the Texas Legislature established the rules that govern Texas residency for tuition purposes.

Students and applicants are assigned a residency status based on the answers provided to residency questions on the admission application. Classifications will be either Texas resident (in-state) or nonresident (out-of-state).

Individuals can establish residency for tuition purposes via several different options. The options are Residency through Texas High School Graduation, Residency for Financially Independent Students, Residency for Dependent Students Basing Residency on Parent, and Residency for Military Students or Dependents.

A United States citizen or permanent resident who does not meet the required criteria will be classified as a nonresident for tuition purposes. A noncitizen who is not a permanent resident of the United States and has not been permitted by U.S. Congress to adopt the United States as their domicile while in this country will be classified as a foreign (international) student.

Who is Eligible to Establish and Maintain a Domicile in Texas?

  1. a U.S. Citizen;
  2. a Permanent Resident (Green Card holder);
  3. a person who is eligible for permanent resident status and has filed an I-485;
  4. a nonimmigrant who holds one of the types of visas identified as eligible to domicile (may not be F-1/F-2, J-1/J-2, or TN/TD)
    1. Please refer to the Immigration Status page to see a list of visa types eligible to establish and maintain domicile for tuition purposes;
  5. a person classified by the USCIS as a Refugee, Asylee, Parolee, Conditional Permanent Resident, or Temporary Resident;
  6. 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, and a person granted deferred action status by USCIS;
  7. 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
  8. 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.

Residency through Texas High School Graduation

To establish residency through Texas high school graduation, a person must be a U.S. Citizen or Permanent Resident (Green Card) and fulfill ALL four requirements listed below:

  1. Graduate from a high school in Texas or receive a GED in Texas,
  2. Physically reside in Texas for the 36 consecutive months immediately prior to high school graduation,
  3. Physically reside in Texas for the 12 consecutive months immediately prior to the census date of the semester in which the student enrolls in a Texas public college or university, and
  4. Demonstrate lawful presence in the United States.

NOTE: If you are not a U.S. Citizen or Permanent Resident (Green Card holder) but can demonstrate that you are lawfully present in the United States, there is the option to submit a notarized copy of the Affidavit of Intent to Become a Permanent Resident stating that you will apply for permanent residency when you are eligible to do so. This will make you eligible to apply the three requirements of high school graduation and receive in-state tuition.

Residency for Financially Independent Students

An Independent Individual is a person who filed their own federal taxes for the previous tax year, is not claimed (nor eligible to be claimed) as a dependent on a parent/legal guardian’s federal taxes, and provides the majority of their own support. To establish residency as an independent individual, the individual must

  • be a US Citizen, Permanent Resident, or eligible Visa holder (may not be F-1/F-2, J-1/J-2, or TN/TD);
  • have filed an application for Permanent Residence (I-485); or
  • hold another eligible immigrant status (see section Who is Eligible to Establish and Maintain a Domicile in Texas for a list of eligible immigrant statuses)

AND

fulfill the following criteria:

  1. Student must physically reside in Texas and have for the previous 12 consecutive months prior to the term of enrollment; and
  2. Student must establish and maintain a domicile in Texas for 12 consecutive months prior to the term of enrollment by meeting one of the following four criteria:
    1. Residential Real Property – Have sole or joint-marital ownership, lease, or rental of residential real property in Texas that is your primary residence with documentation, such as a warranty deed, lease agreement, or rental agreement, to verify ownership, rental, and leasing at the same residence during the 12 consecutive months immediately preceding the census date.
    2. Ownership of a Business – Organization of a business in Texas for at least the 12 consecutive months immediately preceding the census date, that reflects continuous, active management and substantial economic interest of the business with evidence of intended continuous operation for the foreseeable future.
    3. Significant Gainful Employment – An employer’s statement of dates of employment and salary earned by the student in Texas or pay stubs for the 12 consecutive months immediately preceding the census date. Salary should reflect significant gainful employment in Texas, which is sufficient to provide at least one-half of the individual’s tuition, fees, and living expenses or that represents an average of at least twenty hours of employment per week. The cost of attendance benchmark for gainful employment is based on the undergraduate cost of attendance.  We take the total undergraduate Texas Resident tuition and divide it in half. Employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment.
    4. Marriage – Marriage certificate showing at least 12 months of marriage with documentation to support that the spouse has established and maintained a domicile (through one of the above) in Texas for at least the 12 consecutive months immediately preceding the census date.

NOTE: A person whose initial purpose for moving to Texas is to attend an institution as a full-time student will be presumed not to have the required intent to make Texas his or her domicile.

Residency for Dependent Students: Basing Residency on Parent

A dependent individual is a person who is claimed (or eligible to be claimed) as a dependent on a parent/legal guardian’s federal taxes. To establish residency as a dependent individual, the student must be able to demonstrate lawful presence in the United States, and the parent/legal guardian claiming the student for the most recent (and current) fiscal tax year must:

  • be a US Citizen, Permanent Resident, or eligible Visa holder (may not be F-1/F-2, J-1/J-2, or TN/TD);
  • have filed an application for Permanent Residence (I-485); or
  • hold another eligible immigrant status (see section Who is Eligible to Establish and Maintain a Domicile in Texas for a list of eligible immigrant statuses)

AND

Fulfill the following criteria:

  1. Parent/legal guardian must physically reside in Texas for the previous 12 consecutive months prior to the term of enrollment; and
  2. Parent/legal guardian must establish and maintain a domicile in Texas for 12 consecutive months prior to the term of enrollment by meeting one of the following four criteria:
    1. Residential Real Property – Have sole or joint-marital ownership, lease, or rental of residential real property in Texas that is your primary residence with documentation, such as a warranty deed, lease agreement, or rental agreement, to verify ownership, rental, and leasing at the same residence during the 12 consecutive months immediately preceding the census date.
    2. Ownership of a Business – Organization of a business in Texas for at least the 12 consecutive months immediately preceding the census date, that reflects continuous, active management and substantial economic interest of the business with evidence of intended continuous operation for the foreseeable future.
    3. Significant Gainful Employment – An employer’s statement of dates of employment and salary earned by the dependent’s parent in Texas or pay stubs for the 12 consecutive months immediately preceding the census date. Salary should reflect significant gainful employment in Texas, which is sufficient to provide at least one-half of the individual’s tuition, fees, and living expenses or that represents an average of at least twenty hours of employment per week. The cost of attendance benchmark for gainful employment is based on the undergraduate cost of attendance.  We take the total undergraduate Texas Resident tuition and divide it in half. Employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment.
    4. Marriage – Marriage certificate showing at least 12 months of marriage with documentation to support that the spouse has established and maintained domicile (through one of the above) in Texas for at least the 12 consecutive months immediately preceding the census date.

NOTE: A person whose initial purpose for moving to Texas is to attend an institution as a full-time student will be presumed not to have the required intent to make Texas his or her domicile.

Military Students or Dependents

The following information is provided for members of the United States Armed Services and their spouses or dependents. Students can qualify as Texas residents in one of the following ways:

  1. The service member’s Home of Record with the military is Texas
  2. The service member’s Home of Record is not Texas, but their taxable state has been Texas for at least 12 consecutive months prior to enrollment.
  3. The service member is eligible for Post-9/11 or Montgomery GI Bill benefits. More information on benefits can be found here: https://www.tarleton.edu/veteran-services/federal-state-benefits/.

Documents we may request include:

  • The service member’s Officer/Enlisted Records Brief
  • The last 12 months of Leave and Earnings Statements showing Texas as the taxable state
  • Form DD-214 if the service member has separated from the military
  • If the student is a dependent of the service member, we will also require the most recent 1040 tax form showing the student is claimed as a dependent, or a copy of the student’s military dependent ID card

Veterans (retirees and prior service members) must meet requirements for independent students even if their home of record was Texas. Spouses and dependents of veterans must also meet requirements for either independent or dependent students.

How to Apply for a Change of Residency Status

Applicants, new admits, enrolled, and current students who have met the requirements previously listed in one of the four residency options, or feel their residency status was inaccurately classified, can complete and submit the Residency Reclassification Form.

Waivers

Students who do not meet any of the above criteria for establishing residency for tuition purposes may still be eligible to pay tuition that is equivalent to the in-state tuition rate. Please see the Tuition and Fee Exemptions and Waivers page for more information.

Deadlines

The deadline is the 12th class day for the fall and spring terms. The deadlines vary for summer semesters.

Questions

If you are an undergraduate student, please contact the Office of Undergraduate Admissions.
Undergraduate Admissions:
254-968-9125
admissions@tarleton.edu

If you are a graduate student, please contact the Office of Graduate Admissions.
Graduate Admissions
254-968-9104
grad-docs@tarleton.edu