Sul Ross State University
A Member of the Texas State University System

Residency Information

Tuition and fees calculated at registration are determined not only by the number of classes a student is taking but also by whether the student is a Texas resident. The university classifies students as resident, non-resident or foreign.

A person who has made Texas their permanent home for at least 12 months prior to attending the university is likely to be classified as a Texas resident. However, there are numerous other considerations in determining residency status, including whether a person is a dependent, is on active military duty, is moving temporarily for work-related reasons or is eligible for a border-county waiver.

Requesting a Change in Residency Status

Students admitted as a non-residents must pay non-resident tuition and fees as long as they are enrolled full time. To qualify for Texas resident status a non-resident student must meet with the Registrar and complete a request for reclassification.

Texas residency regulations for tuition purposes are complicated, and the student must meet specific standards. Students should not assume they will be eligible for resident tuition or a waiver after their first year living in Texas.

Frequently-Asked Questions

Below are questions and answers related to common situations faced in determining residency. These answers are related to residency questions for Sul Ross State University only.

My parents live in North Carolina. They claimed me as a dependent on their tax return last year and will claim me again this year. But I've lived in Ozona with my sister for the last year while I finished high school. Am I a Texas resident?

No. Residency of a dependent or minor is based on either:

1. the residence of the parent who claimed the dependent or minor for federal income tax purposes both at the time of enrollment and for the tax year preceding enrollment,
2. the residence of the parent or court-appointed legal guardian with whom the dependent or minor has lived for the 12 months preceding enrollment,
3. the residence of the parent or legal guardian who has joint or single custody of the child, or
4. the residence of the person to whom custody was granted by court order.

Since your parents claimed you last year and will do so this year, your residence is their residence: North Carolina.

While attending a recruiting presentation in El Paso, a recruiter (or coach) told me I could be considered a Texas resident after 12 months if I attend SRSU. I am from Colorado and I plan to be on the rodeo team. Is this true?

No. Non-resident students must meet the Texas residency regulations. Texas residency is not automatic. Only the person designated as the Residence Determination Official can make that decision. At Sul Ross State University this is the Registrar.

I've lived in Dallas with my brother for the last year. My parents, who live in Ohio, gave him power of attorney over me. Is that the same as legal guardian? Am I Texas resident if he's a Texas resident?

No. Guardians are appointed by the courts. In order to base your claim to residency on your brother's residency status, he would have to be your court-appointed legal guardian.

I married a Texas resident six months ago. Does marriage to a Texas resident make me a Texas resident by default?

No. Marrying a Texas resident does not make you a Texas resident. A non-resident who marries a resident of Texas must establish his or her own residency by meeting the standard requirements of an independent individual 18 years of age or older.

I was born in Del Rio, but I am moving to California to work for the next 16 months. Will I still be a Texas resident when I return for school next spring?

Maybe. Generally, persons who leave the state for a period longer than 12 months are considered non-residents. However, if the move was related to a temporary work assignment out of state and you can provide a letter from your employer that the move is temporary and you are expected to return to Texas by a specific date, it is possible that you could maintain your residency.

My friend and I plan to attend SRSU. I live in Roswell and she lives Hobbs, New Mexico. Will we both be eligible for a non-resident tuition waiver since we live so close to the Texas border?

No. Unfortunately, you will not be eligible, but your friend will be. New Mexico residents from counties that border (actually touch) the Texas state line are eligible for what is called a "bordering county" tuition waiver. You should contact the SRSU Center for Enrollment Services for more information.

I am currently classified as a Texas resident at Sul Ross. I will be leaving for Wyoming to do a 12-month internship. Will I lose my residency?

If the internship is related to your academic curriculum and you will be returning to the college upon completing your internship, your residency is not in jeopardy.

I'm a member of the U.S. Army stationed in Iraq. My home of record is Midland, Texas. When I come back to Texas at the end of my tour, will I be considered a Texas resident?

Generally, unless specific efforts are made by the member to change their home state, members of the U.S. armed forces and commissioned Public Health Service Officers retain residency in the state listed as their home of record at the time of entry into service. However, if you do not return to the state within 12 months of your separation date, you will have to live and work in Texas for a year to re-establish your claim to residency.

Sul Ross classified me as a Texas resident in the fall. I had to stop out for the spring and summer sessions. Will I still be a Texas resident when I go back?

Yes. If you return to the college after being out of school for 12 months or less, the university may continue to classify you as a resident upon confirmation that your state of residence has not changed.

I am not a citizen or permanent resident and I don't have a visa. But I've lived on a ranch outside of Marfa with my mom for the last 16 years. Am I a Texas resident?

Possibly. If, while living with your mom or a legal guardian, you

• attended high school in Texas for at least three years
• graduated from that school or earned your GED in Texas
• took no college/university classes earlier than fall 2001
• and are willing to provide Sul Ross with an affidavit that says you will apply for permanent resident status as soon as you are able to do so

you would be a Texas resident. This would allow you to pay the resident tuition at Texas public institutions. You may also be eligible for state-funded financial aid programs, if you demonstrate financial need.

I've been enrolled in a Texas public college for two semesters. I was classified as a Texas resident the whole time. My parents are moving out of state at the end of the spring semester and plan to continue claiming me on their income tax returns. When I come back in the fall, will I still be a Texas resident?

Yes and no. As long as you remain continuously enrolled (fall/spring semesters) at that college you continue to get to pay the resident rate, even though you are no longer a resident. Once your parents move, you become a non-resident, which means you would not be eligible for state financial aid.

I'm 17, but I'm married. Am I a dependent student or an independent student? Who do I base my claim to residency on?

Minors who are married may establish their own claim to residency following the rules applicable to independent individuals 18 years of age or older.

Who makes residency decisions? What do I do if I have problems?

Residency decisions are made by the SRSU registrar. If you have questions or issues regarding your residency status, please address them to the Registrar, who is the residence determination official.

I moved to Alpine from Iowa 15 months ago. I came here to go to work but enrolled in SRSU almost immediately. When I enrolled, the university classified me as a non-resident. I've been working full time and going to school full time for the 12 months. Can I be reclassified as a Texas resident?

Maybe. Employment while enrolled in Sul Ross during a 12-month period can be a basis of reclassification as a resident at the end of that period if you can also provide the university with other evidence that convinces us that you have made Texas your permanent home.

I was a non-resident when I enrolled in SRSU last fall. Will the college automatically review my file after the 12 months are up to see if I'm now a resident?

No. If you were classified as a non-resident student, SRSU will continue to classify you as a non-resident until you apply in writing to have your status changed and provide the university proof that you have established a domicile in Texas (i.e., made Texas your permanent home). Application should be submitted to the SRSU Registrar well ahead of the official census date for the term in which you wish to be classified as a Texas resident in order for the university to have sufficient time to reach their conclusions.

I have been in Alpine for 18 months. I have leased an apartment here, have Alpine banking accounts and have a Texas driver's license. I am here as a foreign student on an F-1 visa. Am I a Texas resident?

No. One of the fundamental requirements for establishing residency in Texas is that you must be able to prove that Texas is your domicile or permanent home. At this time, the F-1 visa is not on the list of Visa Types Permitting Establishment of Domicile. Students with F-1 visas are considered temporary residents here for the purpose of education and are not eligible to establish domicile.

I'm 17, my parents are in Arizona and I have lived in El Paso on my own since I was 15. I have an apartment and I'm on the lease. I also have a savings account in my name and a Texas I.D. Am I a Texas resident?

Maybe. If your parents have moved out of state and you remained in Texas, you could be classified as a Texas resident if you meet the qualifications for being an abandoned child or a legally-emancipated minor. Visit with the SRSU Registrar to discuss the details of your specific situation.

I'm an Oklahoma resident currently serving time in a Texas federal correction facility. My intention is to make Texas my home. How can I change my residency?

Generally, residents of states other than Texas who are incarcerated in federal prisons located in Texas are classified as non-residents. However, if you file an affidavit with a proper prison authority or with the Sul Ross Registrar, indicating that you intend to establish residency in Texas, Sul Ross will grant you Texas resident status 12 months from the date of the affidavit.

I'm 20 and SRSU has classified me as a Texas resident. My parents are moving out of state but I'm going to remain in the state. Can I retain my residency?

Maybe. If your parents provide SRSU with a letter indicating they will not claim you on their income taxes for the current tax year, you could retain your Texas residency.

I'm a Border Patrol employee who was transferred to the Marfa Sector. Is my situation similar to that of military members who are transferred to Texas? Am I a Texas resident?

No. The provisions for military members and commissioned Public Health Service Officers do not apply to civil service or Border Patrol employees. You must meet the standard residency requirements applicable to independent individuals 18 years of age or older to qualify for Texas resident status.

If I receive a waiver that makes me eligible to pay resident tuition, does that mean I can apply for state financial aid?

No. Receiving a waivers does not make you a Texas residents, even though you can pay the resident tuition rate. You would not eligible for state financial aid programs, although you may be eligible for federal or institutional financial aid. Visit with the financial aid staff for details.

I've applied for permanent U.S. residency but don't have my permanent resident card yet. I do have my receipt and a letter from the U.S. Bureau of Citizenship and Immigration Services. Can I qualify as a Texas resident?

Probably. Section 2 of House Bill 1403 (the Noriega bill) states that students who have applied for permanent residency and have been approved may be considered Texas residents if they have also lived and worked in Texas for at least 12 months and have established Texas as their permanent home (domicile). All time spent in the state for purposes other than to go to college may be counted toward your 12 months presence in the state. This would allow you to attend a Texas public institution and pay resident tuition. You may also be eligible for financial aid if you demonstrate financial need.

I've applied for permanent U.S. residency, but I haven't received anything from the U.S. Bureau of Citizenship and Immigration Services (BCIS) telling me if I've been approved. I do have the receipt from the BCIS which has the date I applied for permanent residency. Am I eligible for Texas residency?

Probably. Section 4 of House Bill 1403 (the Noriega bill) states that students who have applied for permanent residency may be considered Texas residents if they have also lived and worked in Texas for at least 12 months and have established Texas as their permanent home (domicile). All time spent in the state for purposes other than to go to college may be counted toward your 12 months presence in the state. This would allow you to attend a Texas public institution and pay resident tuition. You may also be eligible for financial aid, if you demonstrate financial need.

I'm a non-citizen with a Laser Visa (B1 or B2 visa or form DSP-150). My parents have a house in Van Horn, but our main residence is in Mexico. I attended a Van Horn high school for three years and graduated from that high school. Most of that time, my mom and I lived in the house in Van Horn. Am I eligible for Texas residency?

No. Though House Bill 1403 (the Noriega Bill) permits students who have attended an accredited high school in Texas for 3 years and graduated from that school to be considered for Texas residency, it also requires that the student prove he or she does not have a primary home in another state or country. Since your primary residence was Mexico, you would not meet this requirement.

If I enroll in Sul Ross as a full-time non-resident and am also employed, after 12 months would I be considered a Texas resident?

Possibly. Employment while enrolled in Sul Ross during a 12-month period can be a basis for reclassification as a Texas resident at the end of that period if you can provide the registrar with other evidence that you have made efforts to make Texas your permanent home. Other evidence can include: title to real property in Texas, Marriage Certificate with documentation to support that spouse is a domiciliary of Texas, ownership of a business in Texas with documents that evidence the organization of the business as a partnership or corporation and reflect the ownership interest of the person or dependent's parents, state or local licenses to conduct a business or practice a profession in this state, having banking accounts in Texas, being registered to vote in Texas for 12 months, etc. Please note, current rules/law do not indicate either the number of hours you can enroll in SRSU or the number of hours you must work. Residency is based on your meeting durational requirements, proving gainful employment, and proving establishment of domicile.

If I'm a U.S. citizen or permanent U.S. resident, but my parents are undocumented, would I qualify for Texas residency? All of us have lived in Houston for over a year.

If you are a dependent student (a minor, under the age of 25, unmarried), you could not establish residency as your parents are not able to establish residency. However, if you were an independent student and had been gainfully employed in the state for at least a year, you could be classified as a resident for tuition purposes.

I'm married to an active duty service member. His home of record is San Antonio. We list a San Antonio address as our permanent address for income tax purposes (LES), but we don't live there now; we move around as his duty station changes. When I and my teenager start in the fall at a SRSU, will we be residents or non-residents?

A Texan's spouse and dependent children, unless they have established or maintained a separate residence from the military member, are also Texas residents and are eligible to pay the resident tuition rate at any public institution in Texas. Visit with the registrar at Sul Ross for more information.