Immigration

In order to meet the University of California residency requirements, you (as a student) and, in some cases, your parents must have the legal ability to establish a permanent domicile in the United States.

As such, you must:

• Be a U.S. citizen or permanent resident (“green card” holder)

• Hold a valid, qualifying nonimmigrant visa (or other eligible immigration status such as asylee or refugee status). ***Please see below for the full list of eligible immigration statuses and qualifying nonimmigrant visas

If you are in an eligible immigration status for establishing residency for tuition purposes, you must be in that immigration status on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction) of the term for which a residence classification is sought. You must maintain an eligible immigration status in order to continue paying the in-state tuition.

If you are an undergraduate student under the age of 24 who is not financially independent, you and your parents must be in an eligible immigration status AND meet all other residency requirements in order to be considered a California resident for tuition purposes.

Note: There are exceptions and exemptions for specific instances (for example, AB 540 and T/U visa holders).

• If you are a permanent resident ("green card" holder): You are eligible to establish residency for tuition purposes so long as you are in that status on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction).
• If you were recently issued a permanent resident card but can provide your I-485 (pending application for permanent residents): The approved receipt notice should be dated no later than 366 days immediately prior to the residence determination date (the first day of instruction).
• If you apply for permanent residence abroad at a U.S. Consulate: You can provide evidence of an approved DS 260 ("Immigrant Visa and Alien Registration Application Confirmation") in lieu of the I-485 as long as you are in that status on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction).
• If you have additional documentation prior to the I-485 (i.e. I-130 or I-140): You should contact the Residence Affairs Unit.

Note: If you (or your parents) are permanent residents, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

• A-1, A-2, A-3
• E-1, E-2, E-2C, E-3
• G-1, G-2, G-3, G-4
• H-1B, H-1C
• H-4 spouses and H-4 children of H-1 principals
• I
• K-1, K-2, K-3, K-4
• L-1A, L-1B, L-2
• N-8, N-9
• NATO-1 through NATO-7
• O-1
• O-3 spouses and O-3 children of O-1 principals
• R-1, R-2
• T-1, T-2, T-3, T-4, T-5
• U-1, U-2, U-3, U-4, U-5
• V-1, V-2, V-3

Note: If you (or your parents) hold an eligible nonimmigrant visa, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

• B-1, B-2
• Visa Waiver Program
• C-1, C-2, C-3, C-4
• D-1, D-2
• F-1, F-2
• H-2A, H-2B, H-3
• H-4 spouses and H-4 children of H-2 and H-3 principals
• J-1, J-2
• M-1
• O-2
• O-3 spouses and O-3 children of O-2 principals
• P-1, P-2, P-3, P-4
• Q-1, Q-2, Q-3
• S-5, S-6
• TN, TD

Note: If you are an adult who entered the U.S. with one of the above nonimmigrant visa types and are in the process of adjusting your status (for example, submission of an I-485, Application for Permanent Residence), contact the​ Residence Affairs Unit.

• A valid copy of an I-589 acknowledgement

• A receipt and a valid employment authorization document that reflects withholding of removal

• A pending asylum Employment Authorization Document (EAD) category (c)(8)

When asylum has been granted, you receive a confirmatory USCIS letter and Form I-94, or a copy of the court order granting asylum. The U.S. Immigration notice should include spouse and minor children, provided they were present in the United States and included in the asylum application (EAD category (a)(5)).

Note: If you (or your parents) have asylee status, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

• A copy of the Form I-590 (Registration for Classification as Refugee) approval letter or a copy of the Form I-730 (Refugee/Asylee Relative Petition) approval notice that must be approved at least 366 days immediately prior to the residence determination date (the first day of instruction).
• A copy of the Form I-94. You may also request Employment Authorization Document (EAD) category (a)(3) or (a)(4).

Note: If you (or your parents) have refugee status, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

• Are not removable from the U.S.
• Can obtain an Employment Authorization Document (EAD) category (a)(12) or (c)(19) (for those eligible for TPS even before final approval)
• May be granted travel authorization

As a TPS grantee, you may be eligible to establish residency if you are able to verify legal presence by providing an approved I-821 (initial registration only) and a valid Employment Authorization Document (EAD) category (a)(12) or (c)(19). Both of these documents must be dated at least 366 days immediately prior to the residence determination date (the first day of instruction).

If the EAD has expired, the Residence Deputy will verify whether it has been automatically extended by the Department of Homeland Security and whether you have re-registered for TPS.

Additional information on designated countries, eligibility, registration and expiration dates may be found at www.uscis.gov/tps.

Note: If you (or your parents) have TPS status, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

If you are an immigrant eligible for the Violence Against Women Act (VAWA), you may be eligible to establish residency if you are able to verify legal presence by providing a copy of the Form I-360. The Form I-360 receipt notice date must be at least 366 days immediately prior to the residence determination date (the first day of instruction). When the VAWA self-petition has been approved, verification of the approval can be provided with a copy of the approved Form I-360 and an Employment Authorization Document (EAD) category (c)(31). Note: If you (or your parent) have VAWA status, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

• An I-94 stamped “Withholding of Removal (or Deportation)"

• A copy of a valid EAD category (a)(10)

Note: If you (or your parents) have been granted withholding of removal, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

• Advance parole for individuals with a pending I-485 (Application for Permanent Residence) dated at least 366 days immediately prior to the residence determination date (the first day of instruction)

• Any individual who holds additional immigration documentation that is eligible to establish residency for tuition purposes

Note: If you (or your parents) fall into one of the above parolee categories, you still must satisfy all residency requirements in order to be eligible for residency for tuition purposes.

1. You attended a California high school for at least three years
2. You graduated from a California high school

As of January 1, 2015, you may also be eligible for AB 540 if you are a University of California nonresident student who has successfully completed three years of high school academic credit in fewer than three years, provided you document that you attended school in California for at least three academic years during K-12 enrollment.

As of January 1, 2018, you may also be eligible for AB 540 if you are a University of California nonresident student who has satisfied both the 1) Time and Coursework Requirements AND 2) Degree or Unit Requirements outlined below:

1. Time and Coursework Requirements. Three years of full-time attendance (or equivalent credits) at any (or a combination of any) of the following:
   • California high school
   • California adult school
     • Full-time attendance is a minimum of 420 hours per school year which may be completed on a part-time basis and includes non-credit courses at a California Community College
   • California community college
     • Maximum of two years full-time attendance will be counted toward the three years
     • Full-time attendance is defined as a minimum of 12 credit units per semester or quarter
2. Degree or Unit Requirements. Any of the following requirements:
   • Graduation from a California high school (or attainment of the equivalent)
   • Attainment of an associate’s degree from a California Community College while in California
   • Fulfillment of minimum transfer requirements from a California community college to a UC or CSU while in California

• Provide a copy of the I-821D Approval Notice that is dated at least 366 days immediately prior to the residence determination date (the first day of instruction)
• Satisfy all applicable requirements, including 366 days of continuous physical presence (to start from the date of the "approval notice" on the I-821D) with concurrent intent and financial independence when applicable.

If you are a DACA-approved student who is also eligible for AB 540, you may continue or pursue a nonresident determination with the AB 540 nonresident tuition waiver in order to be eligible for California Dream Act funding.

About DACA: Periods of time when students are in a DACA status in California are periods of ‘legal presence’ that count toward a student’s physical presence. DACA confers lawful presence, but does not confer lawful status. Students who have an approved DACA classification may be authorized to be employed in the United States for renewable periods of up to two years.

If you a U.S. citizen or permanent resident of the U.S. (minor or adult), whose parent is undocumented or out of status, but has otherwise been physically present in California for at least 366 days immediately prior to the residence determination date (the first day of instruction) and has satisfied the "Intent to Remain in California" requirement, you will be eligible for residency for tuition purposes. If your parents begin to acquire lawful presence, you will not lose your eligibility for this provision, so long as your parents do not act inconsistently with a claim of continued California residence

• Academic Records
  • Grades
  • Transferring Credit
  • Transcripts & Diplomas
  • Your Name on Records & Rosters
  • Verification of Enrollment/Degrees
  • Undergraduate Classifications
  • Tuition & Fees
    • Fee Schedule
    • Fee Schedule Archive
    • Refunds After Withdrawal Archive
    • Tuition Stability Plan
    • Instructional Resilience and Enhancement Fee
    • UCSA Systemwide Fee
    • UC Graduate and Professional Council (UCGPC) Fee
    • How to Apply for Residency (for Tuition Purposes)
    • Residency Requirements: Undergraduates
    • Residency Requirements: Graduate Students
    • Immigration
    • Exceptions & Exemptions
    • Inquiries and Appeals
    • Using the Class Schedule
    • Enrollment
    • Cancellation & Withdrawal
      • Cancel for Non-Payment Policy
      • Refunds After Withdrawal
      • Fall
      • Spring
      • Summer
      • VA Educational Benefits
      • Checklist for Initiating Benefits at UC Berkeley
      • What to Expect After Certification
      • Cal-Vet College Fee Waiver
      • Academic Scheduling
        • Final Exam Guide and Schedules
        • Policies
        • Registered Student Organizations
        • Faculty and Staff
        • Weekend Reservations
        • Grading
          • Submitting Midterm Deficient Grades
          • Submitting Final Grades
          • Grade Changes and Corrections
          • Incomplete Grades
          • How Students See Grades
          • Instructor Responsibility for Student Privacy
          • Grading Policies & Reports
          • Training & Documentation
          • Contact Us
          • Staff List
          • Modes of Instruction
          • Religious Holidays & Religious Creed Policy
          Need More Help? Spring 2024 SLR Dates

          The Spring 2024 Statement of Legal Residence will be available in Cal Central (go to My Academics, Status & Holds, then expand the Residency Section to access the SLR hyperlink) October 1 through December 1, 2023.

          Fall 2024 SLR Dates

          The Fall 2024 Statement of Legal Residence will be available in Cal Central (go to My Academics, Status & Holds, then expand the Residency Section to access the SLR hyperlink) March 1 through July 1, 2024.

          Important Note About Residency

          If you are a nonresident undergraduate student under the age of 24, whose parents are not California residents, you most likely will remain classified as nonresident for the duration of your undergraduate career.

          NOTE: This website summarizes UC Residency Policy and may not cover individual student or family situations. Content on this website is merely for advising purposes and does not guarantee any residency determination.

          Fees/Tuition Deadlines

          Fees/tuition are typically due the Friday before the start of instruction.

          • Spring Semester 2024: January 12, 2024
          • Fall Semester 2024: August 23, 2024