Every person may establish residence unless they are precluded by the Immigration and Nationality Act (8 U.S.C. 1101) from establishing residence in the United States.
Establishing residence requires both physical presence in California for one year and one day prior to the beginning date of the term for which you are applying and objective evidence that there is the intent to make California your home for other than a temporary purpose. The one year and one day residence period does not begin until you are present in California and have demonstrated clear intent to become a California resident.
You may be required to supply additional information to the Admissions Office to assist them in determining your residency status in accordance with California Education Code, Sections 68040 et seq and California Title V, Sections 54000 et seq. The burden of proof to clearly demonstrate both physical presence in California and intent to establish California residence lies with the student. Failure to provide required residency information will result in the determination of non- resident.
Intent is determined by at least two of the following: paying state income tax, possessing a California Driver's License or California Identification Card, registering a motor vehicle in California, maintaining an active California bank account, or maintaining continuous residence in the state. These are just examples of documentation that are acceptable. Others may be provided if these are not available.
Some students who have been classified as non-residents, who cannot satisfy the above requirements, may be considered for an "exemption" under AB 540 "The Non-resident Tuition Exemption". To be eligible for an exemption under AB 540, the student must have attended a high school in California for three or more years and have graduated from a California high school prior to the start of the semester.
The student must complete an affidavit (available in the Admissions Office) attesting to the above and (in the case of persons without INS documentation) stating that they have filed an application to legalize their immigration status, or will file an application as soon as they are able to do so. Students who have current nonimmigrant visas (F series student visas and B series visitor visas) and former nonimmigrant aliens who have fallen out of status are not eligible for the exemption. Students who qualify under AB 540 are not eligible for some Financial Aid assistance. Affidavits are available in the Admissions Office.