Immigration

• If you are a permanent resident ("green card" holder): You are eligible to establish residency for tuition purposes so long as you are in that status on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction).
• If you were recently issued a permanent resident card but can provide your I-485 (pending application for permanent residents): The approved receipt notice should be dated no later than 366 days immediately prior to the residence determination date (the first day of instruction).
• If you apply for permanent residence abroad at a U.S. Consulate: You can provide evidence of an approved DS 260 ("Immigrant Visa and Alien Registration Application Confirmation") in lieu of the I-485 as long as you are in that status on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction).
• If you have additional documentation prior to the I-485 (i.e. I-130 or I-140): You should contact the Residence Affairs Unit.

Note: If you (or your parents) are permanent residents, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

The following is a list of nonimmigrant visas eligible to establish residency for tuition purposes. In addition to the nonimmigrant visa, students (and parents for undergraduate students under the age of 24 who are not financially independent) must hold a valid I-94 as evidence of legal presence in the United States.

If you hold one of the following visas, to maintain eligibility for residency for tuition purposes you must provide documentation of your current eligible immigration status every semester of attendance. Additionally, with the exception of A and G diplomatic visas, all nonimmigrant visas expire for dependents/children after the age of 21 years.

• A-1, A-2, A-3
• E-1, E-2, E-2C, E-3
• G-1, G-2, G-3, G-4
• H-1B, H-1C
• H-4 spouses and H-4 children of H-1 principals
• I
• K-1, K-2, K-3, K-4
• L-1A, L-1B, L-2
• N-8, N-9
• NATO-1 through NATO-7
• O-1
• O-3 spouses and O-3 children of O-1 principals
• R-1, R-2
• T-1, T-2, T-3, T-4, T-5
• U-1, U-2, U-3, U-4, U-5
• V-1, V-2, V-3

Note: If you (or your parents) hold an eligible nonimmigrant visa, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

The following is a list of nonimmigrant visas that are not eligible to establish residency for tuition purposes. If you hold any of these visas, you will be classified as a nonresident for tuition purposes.

• B-1, B-2
• Visa Waiver Program
• C-1, C-2, C-3, C-4
• D-1, D-2
• F-1, F-2
• H-2A, H-2B, H-3
• H-4 spouses and H-4 children of H-2 and H-3 principals
• J-1, J-2
• M-1
• O-2
• O-3 spouses and O-3 children of O-2 principals
• P-1, P-2, P-3, P-4
• Q-1, Q-2, Q-3
• S-5, S-6
• TN, TD

Note: If you are an adult who entered the U.S. with one of the above nonimmigrant visa types and are in the process of adjusting your status (for example, submission of an I-485, Application for Permanent Residence), contact the​ Residence Affairs Unit.

If you are an asylee, you may be eligible to establish residency for tuition purposes if you are legally present in the U.S. and have a properly filed Request for Asylum (I-589), pending approval with a receipt date that is at least 366 days immediately prior to the residence determination date (the first day of instruction).

If you have applied for asylum, to verify legal presence and applicant status, you must provide:

• A valid copy of an I-589 acknowledgement

OR

• A receipt and a valid employment authorization document that reflects withholding of removal {Employment Authorization Document [EAD] category (a)(10)}

OR

• A pending asylum Employment Authorization Document (EAD) category (c)(8)

When asylum has been granted, you receive a confirmatory USCIS letter and Form I-94, or a copy of the court order granting asylum. The U.S. Immigration notice should include spouse and minor children, provided they were present in the United States and included in the asylum application (EAD category (a)(5)).

Note: If you (or your parents) have asylee status, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

If you are a refugee, you may be eligible to establish residency for tuition purposes if you are able to provide the following documents:

• A copy of the Form I-590 (Registration for Classification as Refugee) approval letter or a copy of the Form I-730 (Refugee/Asylee Relative Petition) approval notice that must be approved at least 366 days immediately prior to the residence determination date (the first day of instruction).
• A copy of the Form I-94. You may also request Employment Authorization Document (EAD) category (a)(3) or (a)(4).

Note: If you (or your parents) have refugee status, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

A foreign country may be designated by the Department of Homeland Security for Temporary Protected Status (TPS) for a specific period of time, which may be extended.

If you are a TPS beneficiary, or preliminarily eligible for TPS, during the designated period you:

• Are not removable from the U.S.
• Can obtain an Employment Authorization Document (EAD) category (a)(12) or (c)(19) (for those eligible for TPS even before final approval)
• May be granted travel authorization

As a TPS grantee, you may be eligible to establish residency if you are able to verify legal presence by providing an approved I-821 (initial registration only) and a valid Employment Authorization Document (EAD) category (a)(12) or (c)(19). Both of these documents must be dated at least 366 days immediately prior to the residence determination date (the first day of instruction).

If the EAD has expired, the Residence Deputy will verify whether it has been automatically extended by the Department of Homeland Security and whether you have re-registered for TPS.

Additional information on designated countries, eligibility, registration and expiration dates may be found at www.uscis.gov/tps.

Note: If you (or your parents) have TPS status, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

If you are an immigrant eligible for the Violence Against Women Act (VAWA), you may be eligible to establish residency if you are able to verify legal presence by providing a copy of the Form I-360. The Form I-360 receipt notice date must be at least 366 days immediately prior to the residence determination date (the first day of instruction).

When the VAWA self-petition has been approved, verification of the approval can be provided with a copy of the approved Form I-360 and an Employment Authorization Document (EAD) category (c)(31).

Note: If you (or your parent) have VAWA status, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

If you are granted withholding of removal, you have status similar to an asylee.

If you have this status, you are not eligible to adjust to lawful permanent resident status; however, appropriate immigration authorities can extend your “withholding” status indefinitely.

To confirm legal presence, you must provide:

• An I-94 stamped “Withholding of Removal (or Deportation)"

OR

• A copy of a valid EAD category (a)(10)

Note: If you (or your parents) have been granted withholding of removal, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

Parolees include the following categories: deferred inspection, advance parole, humanitarian parole, and significant public benefit parole.

The only parolee categories eligible to establish residency for tuition purposes are:

• Advance parole for individuals with a pending I-485 (Application for Permanent Residence) dated at least 366 days immediately prior to the residence determination date (the first day of instruction)

OR

• Any individual who holds additional immigration documentation that is eligible to establish residency for tuition purposes

Note: If you (or your parents) fall into one of the above parolee categories, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

In order to be eligible for a waiver of nonresident supplemental tuition (through AB 540 or any of its expansions), you cannot carry a nonimmigrant visa as defined by federal immigration law.

You may be eligible if you meet the following criteria:

1. You attended a California high school for at least three years
2. You graduated from a California high school

As of January 1, 2015, you may also be eligible for AB 540 if you are a University of California nonresident student who has successfully completed three years of high school academic credit in fewer than three years, provided you document that you attended school in California for at least three academic years during K-12 enrollment.

As of January 1, 2018, you may also be eligible for AB 540 if you are a University of California nonresident student who has satisfied both the 1) Time and Coursework Requirements AND 2) Degree or Unit Requirements outlined below:

1. Time and Coursework Requirements. Three years of full-time attendance (or equivalent credits) at any (or a combination of any) of the following:
   • California high school
   • California adult school 
     • Full-time attendance is a minimum of 420 hours per school year which may be completed on a part-time basis and includes non-credit courses at a California Community College
   • California community college
     • Maximum of two years full-time attendance will be counted toward the three years
     • Full-time attendance is defined as a minimum of 12 credit units per semester or quarter
2. Degree or Unit Requirements. Any of the following requirements:
   • Graduation from a California high school (or attainment of the equivalent)
   • Attainment of an associate’s degree from a California Community College while in California
   • Fulfillment of minimum transfer requirements from a California community college to a UC or CSU while in California

To be eligible to establish residency for tuition purposes, you must:

• Provide a copy of the I-821D Approval Notice that is dated at least 366 days immediately prior to the residence determination date (the first day of instruction)
• Satisfy all applicable requirements, including 366 days of continuous physical presence (to start from the date of the "approval notice" on the I-821D) with concurrent intent and financial independence when applicable.

If you are a DACA-approved student who is also eligible for AB 540, you may continue or pursue a nonresident determination with the AB 540 nonresident tuition waiver in order to be eligible for California Dream Act funding.

About DACA: Periods of time when students are in a DACA status in California are periods of ‘legal presence’ that count toward a student’s physical presence. DACA confers lawful presence, but does not confer lawful status. Students who have an approved DACA classification may be authorized to be employed in the United States for renewable periods of up to two years.

If you a U.S. citizen or permanent resident of the U.S. (minor or adult), whose parent is undocumented or out of status, but has otherwise been physically present in California for at least 366 days immediately prior to the residence determination date (the first day of instruction) and has satisfied the "Intent to Remain in California" requirement, you will be eligible for residency for tuition purposes.

If your parents begin to acquire lawful presence, you will not lose your eligibility for this provision, so long as your parents do not act inconsistently with a claim of continued California residence