Residency
This document is current as of Mar 10, 2026.
Students Ineligible to Establish Residence
The following visa/immigration statuses PRECLUDE a student from establishing residency, regardless of the length of time in California:
Visa Type | Description | Notes |
|---|---|---|
B-1, B-2 | Visitor for business or pleasure |
|
C-1 to C-4 | Transit Visa |
|
D-1, D-2 | Crewmember Visa |
|
F-1, F-2, F-3 | Academic student, spouse and children | F-3 students are border commuter students who maintain actual residence and place of abode in the country of nationality. |
H-1B1 | Temporary Worker nonimmigrant visa for citizens of Singapore and Chile. | Spouses and/or children on derivative H-4 may not establish residence. |
H-2A, H-2B, H-3, H-4 | Temporary Workers (Agricultural; skilled and unskilled) and workers in training. | Only spouse and child of H-1B and H-1C may establish residency. Spouse and child of H1B1, H-2A, H-2B, and H-3 may not establish residence. |
J-1, J-2 | Exchange visitor, spouse and children |
|
M-1, M-2, M-3 | Nonacademic or vocational student, spouse and children | M-3 students are border commuter students who maintain actual residence and place of abode in the country of nationality. |
O-2, O-3 | Foreign National with extraordinary ability in the sciences, arts, education, business or athletics (arrives with O-1, but is not related). | Spouse or child of O-2 may not establish residence. |
P-1 | Internationally recognized athlete or entertainer |
|
P-2 | Artist or entertainer entering the United States to perform under a reciprocal exchange program |
|
P-3 | Artist or entertainer entering the United States to perform under a program that is culturally unique |
|
P-4 | Spouse or child of P-1, P-2, or P-3 visa holder |
|
Q-1 to Q-3 | International cultural exchange program |
|
S-5, S-6, S-7 | Informant of criminal organization; informant of terrorism information | S-7 is a derivative “S” classification for a noncitizen spouse, married or unmarried son or daughter or parent of a noncitizen witness or informant under an S-5 or S-6 visa. |
TN/TD | Business persons and professionals who are citizens of Canada & Mexico under the North American Free Trade Agreement (NAFTA) |
|
TWOV | Transit Without Visa (Passenger/Crew) |
|
Noncitizens under an “Order of Supervision” are also not able to establish California residence for tuition purposes. Noncitizens are released from custody under an “order of supervision” when they are subject to a “final order of removal” that the INS is unable or unwilling to execute. Noncitizens that are subject to an order of removal are those that have been determined inadmissible or removable according to various provisions of the Immigration and Nationality Act.
With the exception of “advance parole” for individuals with a pending I-485 (Application to Register Permanent Residence or Adjust Status), Noncitizens on “parole” status are admitted only on a temporary basis and as such are not eligible to establish California Residency.
Visitors possessing a Border Crossing Card (BCC), Bering Straits (BE agreement entrants, Visa Waiver Program (VWP) entrants under nonimmigrant categories WB and WT.
Any Noncitizen whose very presence is unlawful, or those who overstay his/her visa (Undocumented or Out-of-Status).
Establishing Residency for Noncitizens
In order to be classified as a resident, what steps must be taken by a noncitizen who is holding one of the visas or immigration status listed above, is out-of-status or is undocumented?
He or she must present evidence (usually from USCIS), documenting that he or she has taken appropriate steps to obtain a change of status to a classification which does not preclude establishing domicile through one of the following actions:
Applying for permanent resident status
Applying for and being granted a change of status to a visa category that permits establishing domicile
Applying for and being granted “Deferred Action for Childhood Arrivals” (DACA) status
Applying for asylum
Applying for refugee status
Applying for the Family Unity Program
Applying for Temporary Protected Status
Applying for VAWA Self-Petition. (Available for battered spouses or children of U.S. citizens or lawful permanent residents.) Authorized under the immigration provisions of the Violence Against Women Act (VAWA).
Applying for the Family Unity Program, LIFE Act (LIFE Legalization), and LIFE Act Family Unit Provisions
Applying for “withholding of removal” (formerly called “withholding of deportation”) under the Immigration and Nationality Act (INA 241(b)(3)) or under the Convention Against Torture (“CAT”). CAT protections relate to the obligations of the United States under Article 3 of the United Nations Convention Against Torture.
He or she must meet the requirements of one-year physical presence, coupled with the intent to make California home for other than a temporary purpose. The one-year duration may not begin until application has been made for a change of status noted in (a) above. However, noncitizens seeking a change to a visa category that permits establishing residency under (a)(2) or seeking DACA status under (a)(3), above, cannot be classified as a resident until the application for a new visa or DACA status has been granted. Once the application has been granted, the one-year durational requirement may be counted from the date of application.
A refugee may be entitled to an immediate exemption from the nonresident tuition fee if upon entry to the United States, the refugee first settled in California pursuant to the provisions of Education Code section 68075.6 (effective Jan 1, 2018). This exemption is only for the length of time he or she lives in this state up to the minimum time necessary to become a resident (one year and one day).