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dinstan

Am I eligible for residency tuition?

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I enrolled in the Santa Monica College, CA this Spring to finish my BFA degree. Despite I have a Green Card they charge me with non-residence tuition.

They asked me to send in a form and three support documents listed in the form to prove my residency. So I did.

After reviewing my documents they still denied me. They said I can't approve my financial independence. Upon reviewing the bank statement they see a big chunk of saving is sent from my parent.

I have to admit I don't have a steady job here yet. mostly a bunch of indie-film production gigs and I got paid by cash. 

So I'm confused, am I not eligible for in-state student tuition even I have a green card? Here is the website and Forms.

 

http://smc.edu/EnrollmentDevelopment/Admissions/Pages/Residency-Requirements.aspx

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Your post is ultimately inconclusive about your eligibility, but the information you did provide suggests you are not eligible.

 

"To establish residency, a student needs to meet the three conditions below . . . legal status, physical presence, intent to establish residence in California and financial independence" (sounds more like four conditions, but whatever).  Of significance is that "[t]he burden of proof" regarding these things "is on the student."

 

Your green card establishes your legal status, but it is irrelevant to the other criteria.

 

"Physical presence is proved by being physically and continuously present in California for one year plus one day prior to the start of the term (the Residency Determination Date)."  Your post doesn't provide any information about this.

 

"Intent is proven by providing evidence demonstrating intent to make California a permanent home of residence (see "Acceptable Proofs" section below).  Taking any of these actions (not an exhaustive list) demonstrates a lack of intent to make California a permanent home of residence:  filing taxes in another state as a resident of that state; filing for divorce or a lawsuit in another state; paying resident tuition in another state; voting in another state.  Moving to California for educational purposes alone does not grant residency."  Your post doesn't tell us much of anything about this either.

 

The next section says the following:  "A student between 19 and 23 years of age who has been classified as a nonresident continuing student may request reclassification to resident status once the above three conditions have been met.  A Residency Reclassification form must be completed, which requires the submission of documents demonstrating financial independence from parents or legal guardians."  You also didn't provide much information about this, except that having a "big chunk of saving . . . from [your] parent" is a pretty strong indication of a lack of financial independence.

 

P.S.  Maybe I missed it, but I saw no indication that SMC offers a BFA degree, which isn't surprising since it's a community college.

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1 hour ago, pg1067 said:

Your post is ultimately inconclusive about your eligibility, but the information you did provide suggests you are not eligible.

 

"To establish residency, a student needs to meet the three conditions below . . . legal status, physical presence, intent to establish residence in California and financial independence" (sounds more like four conditions, but whatever).  Of significance is that "[t]he burden of proof" regarding these things "is on the student."

 

Your green card establishes your legal status, but it is irrelevant to the other criteria.

 

"Physical presence is proved by being physically and continuously present in California for one year plus one day prior to the start of the term (the Residency Determination Date)."  Your post doesn't provide any information about this.

 

"Intent is proven by providing evidence demonstrating intent to make California a permanent home of residence (see "Acceptable Proofs" section below).  Taking any of these actions (not an exhaustive list) demonstrates a lack of intent to make California a permanent home of residence:  filing taxes in another state as a resident of that state; filing for divorce or a lawsuit in another state; paying resident tuition in another state; voting in another state.  Moving to California for educational purposes alone does not grant residency."  Your post doesn't tell us much of anything about this either.

 

The next section says the following:  "A student between 19 and 23 years of age who has been classified as a nonresident continuing student may request reclassification to resident status once the above three conditions have been met.  A Residency Reclassification form must be completed, which requires the submission of documents demonstrating financial independence from parents or legal guardians."  You also didn't provide much information about this, except that having a "big chunk of saving . . . from [your] parent" is a pretty strong indication of a lack of financial independence.

 

P.S.  Maybe I missed it, but I saw no indication that SMC offers a BFA degree, which isn't surprising since it's a community college.

1

 

thanks for the help. I just need one class to transfer the credit to my original college to finish the degree. So every college has a different requirement to qualified the CA residency? Because my other college charges me in-state student tuition.

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Yes, different colleges can use different criteria to determine in-state residency. Your green card indicates that you are a legal resident of the US, but does not automatically confer legal residence in California. 

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16 hours ago, dinstan said:

So every college has a different requirement to qualified the CA residency?

 

You may have noticed the numerous statutory references in the article at the page that you linked in your original post.  While I haven't looked through the California Education Code, I would expect that at least all community colleges in California use the same criteria (although it is up to each school to apply them to each student's unique circumstances).  It might be the case that the various schools in the UC and CSU systems use different criteria (although that would surprise me somewhat, even though each system is governed by a different Division in Title 3 of the Education Code).  I assume you pointed out to the folks at SMC that the folks at your "original college" had concluded that you were entitled to in-state tuition.

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I'm going on a limb and saying your parents are not residents of CA. As such, you only would be is you can demonstrate that you are financially independent from them, support yourself, and are a resident of CA. Like many college students, you aren't independent and don't truly live on your own; your parents are still supporting you though you earn some money here and there. If that is the case, your primary residence is considered to be your parents'. Many a college student and parent has attempted to skirt the rules by securing off campus housing for their out of state college student and claiming it as the student's "home". This is why colleges look at more than just mailing address when determining residency status.

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Ye

 
 
 
 
 
4
On 4/5/2019 at 12:32 PM, ElleMD said:

I'm going on a limb and saying your parents are not residents of CA. As such, you only would be is you can demonstrate that you are financially independent from them, support yourself, and are a resident of CA. Like many college students, you aren't independent and don't truly live on your own; your parents are still supporting you though you earn some money here and there. If that is the case, your primary residence is considered to be your parents'. Many a college student and parent has attempted to skirt the rules by securing off campus housing for their out of state college student and claiming it as the student's "home". This is why colleges look at more than just mailing address when determining residency status.

Me and my mother both got green card in California when I was 19. So in this case, with the financial dependent condition, the CA residency is still not eligible?

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I went through all this in my prior response:

 

1. Legal Status:  Your green card satisfies this.

2. "Physical presence is proved by being physically and continuously present in California for one year plus one day prior to the start of the term (the Residency Determination Date)."  Your post doesn't provide any information about this.

3. Intent to make California your Permanent Residence.  You haven't told us about that either.

 

Without information about the second and third parts, there's little to nothing that anyone here can tell you that will be helpful.

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