Residence Information for Noncitizens

Note: This is one of a series of pages on residence for tuition purposes. To see a complete list of topics and read them in order, see Menu: Residence for Tuition Purposes.

If you are not a U.S. citizen or a permanent resident alien, note the following information for:

• Adult aliens
• Minor aliens

Adult Aliens

An adult alien is classified as a California resident for tuition purposes if he or she has lived in California for more than one year immediately prior to the residence determination date, and during that time he or she has demonstrated the intent to remain permanently in California. Starting in fall 1993, students must also prove financial independence.

Resident status is not available to aliens whose presence in California is solely for educational purposes, or to those aliens who hold the following types of visas:

• B-1, B-2 Visitors for business or pleasure
• C Aliens in transit
• D-1, D-2 Alien crew member
• F-1, F-2 Academic students and their spouse and children
• H-2, H-3 Temporary workers and trainees and their spouse and children
• J-1, J-2 Exchange visitors and their spouse and children
• M-1, M-2 Nonacademic or vocational students and their spouse and children
• O-2 Alien accompanying and assisting an O-1; spouse and children of an O-1 or O-2
• P Internationally recognized athlete, artist or entertainer, and their spouse and children
• Q International cultural exchange program
• TN,TD NAFTA professionals and their spouse and children

Adult aliens who entered the United States with one of the above visa types who are in the process of adjusting their status to either permanent resident or to a nonimmigrant category other than one of the above shall not be precluded from establishing residence in California if, more than one year prior to the residence determination date, the adult alien has submitted an application for a change of status (he/she must remain on a current valid immigration visa status while waiting for a decision on his/her permanent residence application), and has received one of the following:

• An approved Petition to Classify Status of Alien Relative
• An approved preference petition
• An approved labor certification
• An approved application for an A, E, G, H-1 & H-4, I, K, L, O-1 & O-3, or R visa status
• An approved Request for Asylum in the U.S. (I-589)

Adult aliens who received their permanent resident status via the immigration lottery program may be eligible for resident status one year from the date that they are notified of their interview date, as long as they remained on a current valid immigration visa status for the year in question and fulfilled all the other residence requirements.

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Minor Aliens

A minor alien can be classified as a California resident for tuition purposes if the parent with whom he/she lives has lived in California for more than one year immediately prior to the residence determination date, and during that time the parent with whom the minor lives has demonstrated the intent to remain permanently in California.

Resident status is not available to a minor alien if the parent with whom the minor resides holds one of the following types of visas:

• B-1, B-2 Visitors for business or pleasure
• C Aliens in transit
• D-1, D-2 Alien crew member
• F-1, F-2 Academic students and their spouse and children
• H-2, H-3 Temporary workers and trainees and their spouse and children
• J-1, J-2 Exchange visitors and their spouse and children
• M-1, M-2 Nonacademic or vocational students and their spouse and children
• O-2 Alien accompanying and assisting an O-1; spouse and children of an O-1 or O-2
• P Internationally recognized athlete, artist or entertainer, and their spouse and children
• Q International cultural exchange program
• TN,TD NAFTA professionals and their spouse and children

A minor whose custodial parent entered the United States with one of the visa types listed above may be eligible for residence if more than one year prior to the residence determination date, the minor's parent applied for a change of status to either permanent resident or to an eligible visa type for residence purposes (the student and the parent must remain on a current valid immigration visa status while waiting for a decision on his/her permanent residence application), and if the parent has received one of the following:

• An approved Petition to Classify Status of Alien Relative
• An approved preference petition
• An approved labor certification
• An approved application for an A, E, G, H-1 & H-4, I, K, L, O-1 & O-3, or R visa status
• An approved Request for Asylum in the U.S. (I-589)

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Questions? Contact the residence deputy, (858) 534-4586.

Next: Residence Rules for Minors/ Guardians