Texas Residency
If you’re a Texas resident, make sure to verify that you’re eligible to receive UT San Antonio’s resident, in-state tuition rates!
Determining Residency
As mandated by the Texas legislature, each person who applies for admission will be classified as a resident or non-resident (out-of-state or international student). This classification is based on a set of core residency questions on the admission application. This determination will remain on a student’s record and continue for each semester in which a student is enrolled if no changes are made.
Who Is Eligible to Establish Residency
- U.S. Citizen
- Permanent Resident (Green Card holder)
- Person who has an application for permanent residency on file with the U.S. Citizenship and Immigration Services for at least 1 year without being denied
- Nonimmigrant who holds a visa type eligible for domicile, excluding F-1/F-2, J-1/J-2, or TN/TD visas (see more information below).
- A person classified by the USCIS as a Refugee, Asylee*, Parolee, Conditional Permanent Resident or Temporary Resident
*Please note: applicants who currently hold an Applicant for Asylum status do not qualify for in-state tuition rates. Until their asylum is approved, they will be charged the out-of-state/international non-resident tuition rate, unless they meet the requirements for Texas residency under Senate Bill 1528.
Aliens with Visas that Allow them to Domicile in the United States
Aliens with Visas that Allow them to Domicile in the United States
(Continuation of prior policy; effective now.)
If a person is eligible to domicile in the United States, he/she has the same rights and privileges for applying for Texas residency as do U.S. citizens or permanent residents. In the table that follows, a “Yes**” in the third column indicates a visa classification that is eligible to establish a domicile in the US. The institution can simply follow the basic residency rules that apply to U.S. citizens or permanent residents.
| Visa Type |
Appendix 2 Nonimmigrant (Temporary) Visa Categories |
Eligible to Domicile in the United States? |
|---|---|---|
| A-1 | Ambassadors, public ministers or career diplomats and their immediate family members |
Yes |
| A-2 | Other accredited officials or employees of foreign governments and their immediate family members |
Yes |
| A-3 | Personal attendants, servants or employees and their immediate family members of A-1 and A-2 visa holders |
Yes** |
| B-1 | Business visitors | No |
| B-2 | Tourist visitors. Tourists from certain countries are permitted to come to the U. S. without B-2 visa under the visa waiver program |
No |
| C-1 | Foreign travelers in immediate and continuous transit through the United States |
No |
| D-1 | Crewmen who need to land temporarily in the United States and who will depart aboard the same ship or plane on which they arrived |
No |
| E-1 | Treaty traders | Yes** |
| E-2 | Treaty investors | Yes** |
| F-1 | Academic or language students | No |
| F-2 | Immediate family members of F-1 visa holders | No |
| G-1 | Designated principal resident representatives of foreign governments coming to the United States to work for an international organization, their staff members and immediate family members |
Yes |
| G-2 | Other accredited representatives of foreign governments coming to the United States to work for an international organization and their immediate family members |
Yes |
| G-3 | Representatives of foreign governments, and their immediate family members who would ordinarily qualify for G-1 or G-2 visas except that their governments are not members of an international organization |
Yes |
| G-4 | Officers or employees of international organizations and their immediate family members |
Yes |
| G-5 | Attendants, servants and personal employees of G-1 through G-4 visa holders and their immediate family members |
Yes** |
| H-1B | Persons working in specialty occupations requiring at least a bachelor’s degree or its equivalent in on-the-job experience, and distinguished fashion models |
Yes** |
| H-2A | Temporary agricultural workers coming to the United States to fill positions for which a temporary shortage of American workers has been recognized by the United States Department of Agriculture |
No |
| H-2B | Temporary workers of various kinds coming to the United States to perform temporary jobs for which there is a shortage of available qualified American workers |
No |
| H-3 | Temporary trainees | No |
| H-4 | Immediate family member of H-1, H-2 or H-3 visa holders | H-4 dependents of H-1B Yes**; all other H-4 dependents, no |
| I | Bona fide representatives of the foreign press coming to the United States to work solely in that capacity and their immediate family members |
Yes** |
| J-1 | Exchange visitors coming to the U. S. to study, work or train as part of an exchange program officially recognized by the United States Information Agency |
No |
| J-2 | Immediate family member of J-1 visa holders | No |
| K-1 | Fiancé(e)s of U. S. citizens coming to the United States for the purpose of getting married |
Yes |
| K-2 | Minor, unmarried children of K-1 visa holders | Yes |
| K-3 | Spouse of a U.S. citizen | Yes** |
| K-4 | Child of a U.S. citizen | Yes** |
| L-1 L1-a L1-b |
Intracompany transferees who work in positions as managers, executives of persons with specialized knowledge |
Yes** |
| L-2 | Immediate family member of L-1 visa holders | Yes** |
| M-1 | Vocational or other nonacademic students, other than language students |
No |
| M-2 | Immediate families of M-1 visa holders | No |
| N | Children of certain special immigrants | No |
| NATO 1,2,3,4,5 |
Associates coming to the United States under applicable provisions of the NATO Treaty and their immediate family members |
Section 54.057 designates these individuals as residents for tuition purposes |
| NATO 6 | Members of civilian components accompanying military forces on missions authorized under the NATO Treaty and their immediate family members |
Yes** |
| NATO 7 | Attendants, servants or personal employees of NATO-1 through NATO-6 visa holders and their immediate family members |
Yes** |
| O-1 | Persons of extraordinary ability in the sciences, arts, education, business or athletics |
Yes** |
| O-2 | Essential support staff of 0-1 visa holders | No |
| O-3 | Immediate family members of 0-1 and O-2 visa holders | O-3 dependents of O-1 holders Yes; O-3 dependents of O-2 holders, No |
| P-1 | Internationally recognized athletes and entertainers and their essential support staff |
No |
| P-2 | Entertainers coming to perform in the United States through a government-recognized exchange program |
No |
| P-3 | Artists and entertainers coming to the United States in a group for the purpose of presenting culturally unique performances |
No |
| P-4 | Immediate family members of P-1, P-2 and P-3 visa holders | No |
| Q-1 | Exchange visitors coming to the United States to participate in international cultural-exchange programs |
No |
| Q-2 | Immediate family members of Q-1 visa holders | No |
| R-1 | Ministers and other workers of recognized religions | Yes** |
| R-2 | Immediate family member of R-1 visa holders | Yes** |
| S-1 | People coming to the United States to supply critical information to federal or state authorities where it has been determined that their presence in the United States is essential to the success of a criminal investigation |
No |
| S-2 | People coming to the United States to provide critical information to federal authorities or court, who will be in danger as a result of providing such information, and are eligible to receive a reward for the information |
No |
| S-3 | Immediate family members of S-1 or S-2 visa holders | No |
| T-1 | Victims of international (human) trafficking | Yes** |
| T-2 | Dependents of victims of international (human) trafficking | Yes** |
| TC | Professional under the Free Trade Agreement. Available only to Canadians under the Free Trade Agreement, prior to the passage of the North Atlantic Free Trade Agreemt |
No |
| TN | Professional under the North American Free Trade Agreement. Is available only to citizens of Mexico and Canada. Professional under the North American Free Trade Agreement. Is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement a citizen of a NAFTA county may work in a professional occupation in another NAFTA country |
No |
| TD | Dependents of Professionals here under the North American Free Trade Agreement. Is available only to citizens of Mexico and Canada. Professional under the North American Free Trade Agreement. Is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement a citizen of a NAFTA county may work in a professional occupation in another NAFTA country |
No |
| V | Spouse or minor child of a legal permanent resident or US citizen whose application for permanent residence is part of the massive backlog of immigration work |
Yes** |
How to Establish Residency
- Texas High School Graduation
- Dependent Individualsclaimed on parent/guardian’s federal taxes who lives/works in Texas
- Independent Individualsnot claimed as a dependent and filed their own federal taxes who lives/works in Texas
- Military Individuals
Residency through Texas High School Graduation
Residency through Texas High School Graduation
To receive in-state tuition, students must fulfill the following requirements:
- Graduate from a Texas high school or receive a GED in Texas; and
- Live in Texas for 36 consecutive months immediately before high school graduation; and
- Live in Texas for the 12 months immediately before the census date (usually 12th class date) of the semester in which you enroll at the University of Texas at San Antonio; and
- Submit an official high school transcript with the final graduation date posted on the transcript or Texas GED certificate along with the Core Residency Questionnaire (as part of the admissions process).
- Students who are non-citizens or non-permanent residents, to include students classified under Deferred Action for Childhood Arrival (DACA), must also submit a signed and notarized Affidavit stating that the student will apply for permanent residency when they are eligible to do so and provide proof of lawful presence in the U.S. by:
- Submitting a valid and unexpired U.S. passport
- Submitting a valid and unexpired permanent resident card
- Submitting a valid and unexpired Texas driver’s license
- Submitting a valid and unexpired Texas ID card
- Submitting a valid and unexpired Employment Authorization Document (EAD)
- Providing documentation of a valid F or J student immigration status
- Providing documentation of an active, unexpired DACA status
- Providing documentation of an active, unexpired asylum status
- Providing documentation of an active, unexpired temporary protective status (TPS)
- Students can also review the Texas Department of Public Safety verifying lawful presence document to verify if they could receive a Texas Driver’s License, thus proving lawful presence.
Residency for Dependent Individuals
Dependent (18 years of age or older) — residency is based upon that of the parent or court-appointed legal guardian who claims the individual as a dependent for federal income tax purposes for the current and preceding year. Dependent (less than 18 years old) — residency is based upon that of the parent or court-appointed legal guardian with whom the individual resides. Please note: if the parent is a resident of another state (other than Texas) then the student’s residency status is the same as the parents’ and will pay out of state tuition.
Establishing Residency for Dependent Individuals
To establish residency, the parent or court-appointed legal guardian of the dependent student must meet all three criterion below:
1. Parents/Guardian Lives in Texas
Physically reside in Texas and have for the 12 consecutive months immediately prior to the census date of the semester in which the student enrolls in a Texas public college or university. Submit one of the following items:
- Texas driver’s license or Texas ID card that has not expired and shows an origination date at least 12 months prior to the census date of the semester in which a student enrolls
- Texas voter registration card issued at least 12 months prior to the census date of the semester in which a student enrolls
- Utility bills listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
- Texas bank statements listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
- Apartment lease or rental of residential property listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
2. Parents/Guardian Works in Texas
Establish significant gainful employment in Texas for a period of 12 consecutive months immediately prior to the census date of the semester in which a student enrolls in a Texas public college or university. Submit applicable documentation listed for one of the following options:
- Gainful Employment or Income – Employment that is sufficient to provide at least one-half of the individual’s tuition and living expenses or represents an average of at least 20 hours per week. It can be proved by an employer letter, pay stubs or other sources of income (e.g., pensions, Social Security, veterans’ benefits, savings). 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.
- Public Assistance – The individual is unemployed and living on public assistance, which can be proved by written statements from one or more social service agencies located in Texas confirming 12 months of continuous service.
- Property Ownership – Sole or joint marital ownership of residential real property in Texas, which can be proved by a Warranty Deed, etc.
- Marriage to a Texas Resident – Marriage Certificate or Declaration of Registration of Informal Marriage with documentation to support the spouse has maintained domicile in Texas.
- Business Ownership – Ownership and customary management of a business in Texas, which is regularly operated without the intention of liquidation for the foreseeable future.
3. Parents/Guardian Files Taxes
Provide recent income tax return for the parent or court-appointed legal guardian that lists student as a dependent.
Residency for Independent Individuals
Independent – individuals who are no longer claimed on their parents’ or court-appointed legal guardian’ income tax return for the current and preceding year can file their residence information on their own. Residency is based upon the individual.
Establishing Residency for Independent Individuals
To establish residency, independent students must meet all three criteria below:
1. Live in Texas
Physically reside in Texas and have for the 12 consecutive months immediately prior to the census date of the semester in which the student enrolls in a Texas public college or university. Submit one of the following items:
- Texas driver’s license or Texas ID card that has not expired and shows an origination date at least 12 months prior to the census date of the semester in which a student enrolls
- Texas voter registration card issued at least 12 months prior to the census date of the semester in which a student enrolls
- Utility bills listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
- Texas bank statements listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
- Apartment lease or rental of residential property listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
2. Work in Texas
Establish significant gainful employment in Texas for a period of 12 consecutive months immediately prior to the census date of the semester in which a student enrolls in a Texas public college or university. Submit applicable documentation listed for one of the following options:
- Gainful Employment or Income – Employment that is sufficient to provide at least one-half of the individual’s tuition and living expenses or represents an average of at least 20 hours per week. It can be proved by an employer letter, pay stubs or other sources of income (e.g., pensions, Social Security, veterans’ benefits, savings). If a student is living off previous earnings, the earnings must total at least one-half of the cost of attendance for the academic year. 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.
- Public Assistance – The individual is unemployed and living on public assistance, which can be proved by written statements from one or more social service agencies located in Texas confirming 12 months of continuous service.
- Property Ownership – Sole or joint marital ownership of residential real property in Texas, which can be proved by a Warranty Deed, etc.
- Marriage to a Texas Resident – Marriage Certificate or Declaration of Registration of Informal Marriage with documentation to support the spouse has maintained domicile in Texas.
- Business Ownership – Ownership and customary management of a business in Texas, which is regularly operated without the intention of liquidation for the foreseeable future.
3. File Taxes
Provide a recent income tax return to show the student is not claimed as a dependent.
Residency for Military Individuals
Persons in the military and their families are presumed to maintain the same legal residence which was in effect at the time of entering the military service during their entire period of active service. Persons stationed in Texas are presumed not to establish a legal residence in Texas because their presence is not voluntary but under military orders.
Establishing Residency through Military Service
Military-affiliated students can submit one of the following:
- If students have maintained their legal residence in Texas throughout their military service, they will need to provide a copy of their LES (leave and earning statement) from a year ago and a current LES.
- If students are a dependent of a parent or a spouse who is active duty stationed in Texas, they may qualify for the military waiver for tuition purposes but will need to fill out the Military Duty Statement and submit the form to the Office of the Registrar.
- Copy of the service member’s active duty orders stationing them in Texas.
Veterans’ Benefits Option
Veterans, along with their spouses and dependents, who can demonstrate eligibility for federal VA educational benefits, which include the Post-9/11 GI Bill® (Chapter 33) and Dependent Education Assistance (Chapter 35), qualify for in-state tuition rates. Students must provide the Certificate of Eligibility (COE) to the Center for Military Affiliated Students (CMAS) to qualify. Students can contact the CMAS office for questions related to VA educational benefits and eligibility requirements.
Request a Reclassification of Residency Status
Sometimes students submit incorrect information or submit information on the admissions application 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 Texas Residency classification upon admission may later become eligible. If a student is currently classified as a non-resident but believes they qualify for Texas Residency, they have the option to request a reclassification to Texas Resident.
To submit a request:
- Complete the Core Residency Questionnaire.
- Gather supporting documentation that proves Texas Resident requirements.
- Submit all documents through our Document Uploader by following these steps:
- Log in to UT San Antonio Document Uploader
- Click “Upload a new document”
- Make the following selections:
- Department: Registrar
- Term: Select Applicable Term
- Category: Residency
- Category 2: Undergraduate or Graduate
- Attach your document through the “choose file” button
- Press Upload
Deadlines
Students must meet all requirements and submit all required documentation no later than the Census Date of the semester for which they are seeking reclassification. Census Date may be found on the academic calendar.