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[Notice To Students Who Are Not United States Citizens Or Permanent Resident Aliens]
Adult Aliens
Minor Aliens
Adult Aliens
Subject to the following exceptions, an adult alien shall be entitled to be classified as
a California resident for tuition purposes if he or she has resided in California for more
than one year immediately prior to the residence determination date, demonstrated the intent
to remain permanently in California and shown financial independence. (Please refer to the
Establishing Legal Residence For Tuition Purposes at the University
of California page for detailed information.) Resident status shall not be available to aliens whose presence in
California is solely for educational purposes, or to those aliens who hold the following
types of visas:
|
Visa Classifications |
| B-1, B-2 |
Visitors for business or pleasure |
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| C |
Aliens in transit |
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| D-1, D-2 |
Alien crew member |
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| F-1, F-2 |
Academic students and their spouse and children |
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| H-2, H-3 |
Temporary workers' and trainees' spouse and children |
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| J-1, J-2 |
Exchange visitors and their spouse and children |
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| M-1, M-2 |
Nonacademic or vocational students and their spouse and children |
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| O-2 |
Alien accompanying and assisting an O-1; spouse and children of an O-1 or O-2 |
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| P-1, P-2, P-3, P-4 |
Internationally recognized athlete, artist or entertainer and spouses and children |
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| Q |
International cultural exchange program |
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| S |
Alien supplying critical information relating to organized crime |
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| TN/TD |
Trade NAFTA visa holders |
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| TROV |
Transit without visa |
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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 non-immigrant
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 (s/he must remain on a current
valid immigration visa status while waiting for a decision on her or his 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, N, NATO, O-1 & O-3, R, or V.
- An approved Request for Asylum in the United States (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.
Minor Aliens
Subject to the following exceptions, a minor alien shall be entitled to be classified as a
California resident for tuition purposes if the parent with whom s/he lives has resided
in California for more than one year immediately prior to the determination date, and
during that time the parent with whom the minor resides has demonstrated the intent to
remain permanently in California (please refer to the Establishing Legal Residence for
Tuition Purposes at the University of California page for detailed information).
Resident status shall not be available to a minor alien if the parent with whom the minor
resides holds one of the following types of visas:
|
Visa Classifications |
| 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' 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-1, P-2, P-3, P-4 |
Internationally recognized athlete, artist or entertainer and spouses and children |
 |
| Q |
International cultural exchange program |
 |
| S |
Aliens supplying critical information relating to organized crime |
 |
| TN/TD |
Trade NAFTA visa holders |
 |
| TROV |
Transit without visa |
 |
A minor, whose custodial parent entered the United States with one of the visa types
listed above, may be eligible for residency 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 residency 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, N, NATO, O-1 & O-3, R, or V.
- An approved Request for Asylum in the United States (I-589)
The reader is cautioned that this summation is not a complete explanation of the laws
regarding residence. Please note that changes may be made in the residence requirements
between the publication date of this statement and the relevant determination date.
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