Texas Residency Requirements

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Residency

Establishing Residency

Texas Higher Education Coordinating Board rule 21.25 requires each student applying to enroll at an institution to respond to a set of core residency questions for the purpose of determining the student’s eligibility for classification as a Texas resident.

This is important since this determines whether students pay in-state, out-of-state, in-district, or out-of-district tuition, and whether or not a student might qualify for state-based financial aid. Please understand that residency for admission and tuition purposes at Brazosport College is different from residency for voting or tax purposes, and will be based on the information provided on the ApplyTexas application in accordance with the rules established by the Texas Higher Education Coordinating Board.

Brazosport College is required by State law to determine the residency status of all students for tuition purposes. All new students must provide substantiating documentation to affirm their residence. Students readmitting after more than one year will be required to reaffirm that they have not changed their residence since their last enrollment. Additional documentation may be requested at any time following registration.

A student’s residency status is determined at the time of application by the answers given on the ApplyTexas/Brazosport College application for admission. A student’s residency classification is determined either by a student’s current address, the address of a parent or legal guardian for those being claimed as a dependent for federal income tax purposes, or by the legnth of an applicants physical presence to include attendance at a Texas public high school. A post office box cannot be used to establish residency. It is the student’s responsibility to register under the correct residency classification. A complete set of rules and regulations for determining residency are available in the Registrar’s Office.

Basic Residency Requirements

All students attending Brazosport College are responsible for registering under the proper residence classification and for paying the correct tuition and fees. The Texas Higher Education Coordinating Board Rule 21.731 requires students applying to enroll at an institution to respond to a set of core residency questions for the purpose of determining their eligibility for classification as a resident. These questions are a part of the Apply Texas application form. Individuals requiring additional residency information may contact the Admissions Office at 979-230-3000.

Paths for Texas Resident classification for tuition and fees:

1) Texas High School Graduation

To establish residency through high school graduation, you must:

1. Graduate from a Texas high school or receive a GED in Texas; and
2. Live in Texas for the 36 months immediately before high school graduation; and
3. Live in Texas for the 12 months immediately before the census date (usually the 12th class day) of the semester in which you enroll at Brazosport College.

   Please visit the Office of Admissions and Registar with additional questions or if you need assistance.

2) Establishing Domicile

This option for establishing Texas residency is available to:

• Citizens or permanent residents of the U.S. (Non-citizens and non-permanent residents may also use this option if they have an application for permanent residency on file with the U.S. Citizenship and Immigration Service.)
• International students who possess an eligible visa

Requirements

If you are independent for tax purposes, you may gain resident status if you establish domicile in the state. If your parent(s) claim you as a dependent on their federal income tax return, they must establish domicile in the state for you to claim residency.

To establish domicile, you or your parent(s) must meet the following criteria:

1. Live in Texas for 12 consecutive months; and

2. Establish and maintain domicile for 12 consecutive months, as evidenced by any of the following:

• Gainful employment in Texas; Defined as at least 20 hours a week. 
  Note: employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment for the purposes of gainful employment.
• Sole or joint marital ownership of residential real property in Texas by the person seeking to enroll or the dependent’s parent, having established and maintained a domicile at the residence;
• Ownership and operation of a business in Texas; or
• Marriage for one year to a person who has established domicile in Texas.

Please email admissions@brazosport.edu with any questions or assistance.

Residency Classification Review

Sometimes students submit incorrect information or information that makes it appear as though they are non-residents when they actually do qualify for Texas residency. In other cases, students initially ineligible for residency later become eligible. 

If you believe you are incorrectly classified, take steps to correct the inaccuracy by submitting the Residency Core Questions or visit the Admissions and Registrar’s Office at Brazosport College.

Additional Requirements for Non-U.S. Citizen Students

A non-U.S. citizen who is living in the U.S. under permanent resident status, appropriate visa, or who has filed a declaration of intent to become a citizen has the same privilege of qualifying for resident status, for tuition purposes, as a U.S. citizen. Anyone permitted by Congress to adopt the United States as their domicile while living in this country is afforded the same privilege as citizens and permanent residents to establish Texas residency for tuition purposes. A list of visas eligible for establishing domicile is available in the Registrar’s Office.

In-District Residency

• Students who have met the basic residency requirements and live in the Brazosport College taxing district.
• Students who have a street address in the Brazosport College taxing district. Post office boxes cannot be used.

Out-of-District Residency

• Students who have met the basic Texas residency requirements and live outside the Brazosport College taxing district.

Change of Residency

Change from out-of-district residency to in-district residency must be made by the Official Reporting Day (ORD) of each semester. Any address change which results in a change to in-district status must be accompanied by documentation substantiating the request. These documents may include a lease including the name of the student, utilities in the name of the student, or other such documentation that proves the physical change of address. Changes to in-district status made after registration will be effective the following semester.

A student who qualifies for a change of out-of-state to instate residency status for tuition purposes may file a petition for change of residency. The petition must be filed by the Official Day of Record in order to receive any adjustment of tuition paid for that semester. Tuition adjustments are never made retroactively.

Penalties

Students who provide false information or withhold information for proper determination of residency are subject to any or all of the following penalties:

• Withdrawal from all classes with no refund.
• Dismissal from the institution.
• Payment of the difference in fees within 30 days.
• Loss of credit earned while under incorrect residency status.
• Legal action depending on the offense.

International Students

Brazosport College is authorized under Federal law to enroll non-immigrant alien students.

Brazosport College considers a student on any kind of visa other than a Permanent Resident Visa (I-551) to be an international student.

F and M Visa Students

SEVIS (Student and Exchange Visitor Information System) is the automated system for tracking F and M visa students. F-1 students must adhere to the new SEVIS immigration guidelines to maintain good standing status.

Brazosport College officials are required to report to the U.S. Bureau of Citizenship and Immigration Services all changes pertaining to F and M student status. Please contact the Registrar’s Office at 979-230-3217 for details.

International students who wish to study in the U.S. on an F-1 or M-1 visa must obtain an I-20 AB application form from Brazosport College to present to the U.S. Embassy or Consulate in their country to request a student visa. The student should view the International Admissions webpage for instructions. An international student under the age of 18 who wishes admission to Brazosport College must provide documents to show he/she has achieved the equivalency of a U.S. high school diploma in his/her country.

B Visa Holders

Prospective student holding a current B visa are not eligible to attend Brazosport College. Students on a B visa who are interested in pursuing studies in the U.S. educational system must declare intention to study to the inspection officer at the U.S. port of entry. Once a college has been identified, the B visa holder may apply for a change to F-1 status and attend college only after the change has been approved by the U.S. Bureau of Citizenship and Immigration Services.

Additional Requirement for Non-U.S. Citizen Students

Non-U.S. citizens who are living in the United States under permanent resident status, an appropriate visa, or who have filed a declaration of intent to become a citizen have the same privilege of qualifying for resident status as a U.S. citizen for tuition purposes. Individuals permitted by Congress to adopt the United States as their domicile while living in this country are afforded the same privilege as citizens and permanent residents to establish Texas residency for tuition purposes. A list of visas eligible for establishing domicile is available in the Registrar’s Office.

Students who have applied but do not have their permanent resident card must present proof of having filed form I-485 to establish residency. The only acceptable proof is an I-797C Notice of Action from the United States Citizenship and Immigration Services (USCIS) indicating that the application is in progress. Students who have an I-797C Notice of Action indicating that the I-485 has been denied may still enroll at Brazosport College; however, they will not be eligible to pay in-state or in-district tuition.

Concurrent Enrollment of International Students at Another College

International students with an I-20 AB from another college or university wishing to concurrently enroll at Brazosport College must submit written permission from their home college or university indicating that they are in status with the U.S. Bureau of Citizenship and Immigration Services and have permission to enroll at Brazosport College. English language skills and satisfaction of course prerequisites apply. 

Contact Information:      

Phone: 979.230.3217 FAX:979.230.3376

Website: https://www.brazosport.edu/admissions/international-admissions/

E-mail: kristy.parr@brazosport.edu

Summer International Transient Students

International students with an I-20 AB from another college or university wishing to take summer classes at Brazosport College must provide written permission from their home institution indicating that they are in-status with the U.S. Bureau of Citizenship and Immigration Services and have been given permission to enroll at Brazosport College. English language skills and satisfaction of course prerequisites apply.

Contact Information:  

Phone: 979.230.3217 FAX:979.230.3376

Website: https://www.brazosport.edu/admissions/international-admissions/

E-mail: kristy.parr@brazosport.edu