Non-U.S. Citizen Basing Residency on Parent

F1 visa holders are not eligible to domicile in the US per the US Immigration office, therefore, a student holding an F1 visa would not be eligible to apply for in-state residency for tuition purposes.

The residency of a minor or dependent for non-U.S. citizens is based on one of the following circumstances:

  • The student and parent must hold a current immigration status that is eligible to domicile in the United States.
  • The residence of the parent who has claimed or is eligible to claim the dependent for federal income tax purposes both at the time of enrollment and for the tax year preceding enrollment;
  • The residence of the parent or court-appointed legal guardian with whom the dependent or minor has physically resided for the 12 months prior to enrollment;
  • The residence of the parent or court-appointed legal guardian who has joint or single custody of the child, if that individual is not delinquent on the payment of child support; or
  • The residence of the person to whom custody was granted by court order (e.g., divorce decree, child custody actions, guardianship or adoption proceedings), provided custody was granted at least 12 months prior to the student’s enrollment and was not granted for the purpose of obtaining status as a resident student.

The parent or court-appointed legal guardian must have resided in Texas for at least 12 consecutive months immediately preceding the student’s enrollment and must meet the criteria indicative of a fixed intention to reside permanently in Texas as listed below. The parent or court-appointed legal guardian must show proof of gainful employment for the previous 12 months. Gainful employment is defined as employment that is sufficient to provide at least one-half of the individual's tuition and living expenses or represents an average of at least 20 hours per week. The student will be required to complete a set of Core Residency Questions and provide supporting documentation (see below).

  • The parent must show proof of domicile in Texas for the previous 12 months, and
  • The parent must show proof of gainful employment in Texas for the previous 12 months, or
  • Hold the title to real property (home, land) in Texas, or
  • Own a business in Texas, or
  • Hold a state or local license to conduct business or practice a profession in Texas.
  • Proof that the student is a dependent of the parent.

For additional types of documentation to support domicile, please see Part B in the Documentation to Support Domicile and Residency PDF below.

Suggested Supporting Documents for Non-U.S. Citizen Basing Residency on Parent

Please note that the above are some suggested documents and is not intended to be an exhaustive list.  Additional documentation may be required to complete proof of residency.

  • Students applying for Summer/Fall semester must provide current year tax return indicating student was claimed as a dependent
  • Students applying for Spring semester must provide a notarized letter indicating the parents intention to claim the student when taxes are filed
  • Visa or other government documentation
  • Apartment lease
  • Paystubs from previous 12 months indicating at least one half of individual’s tuition and fees or an average of at least 20 hours per week
  • Title/Deed of real property acquisition
  • Business license or proof of business ownership
  • License to conduct business or practice a profession in Texas

In addition to the documentation required, both the parent and the student must present the appropriate immigration status documentation.

The dependent student may not be classified as a resident for tuition purposes unless he/she and the parent holds a current immigration status that is eligible to domicile in the United States and has resided in Texas a minimum of 12 consecutive months. The following non-U.S. Citizens who are eligible to establish a domicile in Texas under the law and can obtain Texas residency, if they meet the basic residency requirements, are listed below: (Appropriate document will be required.)

  • Permanent Residents (I-551) or document showing extension of this card
  • Holder of the I-766 card that has not expired
  • Holder of the I-688, I-688a or I-699b card that has not expired
  • Letter from INS showing approval under the visa diversity (lottery) program
  • Notice of Action (I-797) showing approved, or letter from INS showing grant of deferred action status
  • Copy of fee receipt issued by INS when the petition was filed
  • Holder of the I-485 – The application to register Permanent Residence or adjust status
  • Refugees, Asylees, Parolees, Conditional Permanent Residents (holding I-551 cards which have not expired), Temporary Residents (holding I-688, I-688a, or I-688b cards which have not expired)
  • Holder of one of the following visa types (A-1, A-2 who is a dependent of A-1, A-3, E-1, E-2, G-1, G-2, G-3, G-4, G-5, H-1B, I, K-1, K-2, K-3, K-4, L-1, L1-a, L1-b, L-2, NATO 1-7, O-1, O-3 who is a dependent of O-1, R-1, R-2, T-1, T-2, T-3, T-4, U-1, U-2, U-3, U-4, V-1, V-2, V-3
  • F1 visa holders are not eligible to domicile in the US per the US Immigration office, therefore, a student holding an F1 visa would not be eligible to apply for in-state residency for tuition purposes.

For more information, please contact a Residency Counselor in the Registrar’s Office, Eagle Student Services Center, Room 209, 940-565-2748, as soon as possible to make certain that you understand the guidelines outlined below or to obtain additional information.

It is the student's responsibility to determine if the above guidelines are in effect when applying for residency. In-state reclassification is not granted on a retroactive basis.

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