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What You need to Do in Order to Study in California.

You need to be accepted by an educational institutiton that is approved by the Bureau of Citizenship and Immigrations Services (BCIS). Formerly, BCIS was known as the Immigration and Naturalization Service (INS).
You need to realistically assess your English language ability. If you come from a country where English is the lingua franca or you have gone to an international school where English is the medium of instruction, you can proceed to step three below.

If English was not the medium of instruction in your high school years, then the first thing that most schools will require is a TOEFL score. TOEFL is an acronym for Test of English as a Foreign Language. This is a standardized test that is given in most countries in the world.

If you have to take the TOEFL, you should take it as soon as you can. Most school applications require that you fill in your TOEFL Score. Generally, the cut off score for many institutions of higher learning is a score of 450 on the paper-based TOEFL exam or 133 on the computer-based exam. Students with a 450 or 133 may be accepted at many institutions as long as they take ESL (English as a Second Language) classes as part of their studies. Of course, many schools require scores of 500 and above. You need to check individual schools to determine their TOEFL requirements.

If you score below 450 or 133, you have two choices. First, you can go to an English language school in your home country and work to improve your TOEFL score. Or, second, you can apply to an English language school in the U.S. There are many of these English language schools in California that have permission to accept students and issue the documentation for a student visa. Some of the schools are independent; others are attached to community colleges, colleges, and universities.

The next step is to determine which type of school you need to or would like to apply to. Your choices are generally as follows:
A language school
A public two-year community college
A private two-year community college
A public four-year college or university
A private four-year college or university

Each type of institution has its benefits and drawbacks. You should check out the webpages of the various institutions listed on our website by hitting on their web addresses. If you ask the International Student Director, it may be possible for you to speak to a student from your home country to get a feel for the institution.

Once you have decided on the school you would like to apply for, you must fill out an application. The application is usually available at the school’s website.

Sending the application is usually not sufficient. All schools will ask you to provide documentation regarding your previous education and financial capability. Generally, original transcripts (in sealed envelopes from the issuing agency) and copies of leaving certificates or diplomas are usually required. Also, banking information showing that you or your family has sufficient funds in your family bank account or an income that shows a sufficient cash flow to cover the cost of the first year of your education is required. The banking information generally is notarized or authenicated by someone at the bank. (You will also need this information for your interview at the U.S. Embassy.

Once you have completed the application and submitted it with the supporting documentation, you must wait. If you are accepted by an institution, you will be issued a document called an I-20. This I-20 has your personal data on it and shows the school that you will be attending.
The next step is to make an appointment at your nearest U.S. Embassy or Consulate for an interview. All prospective students are required to be interviewed. The Embassy or Consular officer will ask that you fill out a form with personal information prior to the interview. During your interview you will also need to bring the same kind of documentation that you sent to the school. Official financial documentation notarized by a bank official is generally required.

The interview is required for security reasons but also to ensure that the applicant is indeed a bonafide student and not just someone whose real reason for applying is to immigrate to the U.S. Because of this concern, you may have to provide additional information showing that you have property or a family business in your home country which would motivate you in returning to your home country.

Of course, because the Embassy or Consular officer needs to determine that the prospective student’s intent in applying for an F-1 Student Visa, this does not mean that F-1 Students are precluded from ever immigrating to the U.S. The U.S. Government recognizes that circumstances and situations may change, and the government does make allowances for these possibilities. However, when a person who is presenting himself as a student has no intention of being a student or has no intention of observing the law, the Embassy or Consular officer is required to take the appropriate action and block the applicant’s visa.

California Residents

California residents get lower fees at public California community colleges and universities. Also, California residents may get up to $9,000 per year in CalGrant funding if they meet certain criteria and are going to enroll in a private four-year college or university. If you are not sure as to whether you are a California resident, check out the following, which was provided by the California Community Colleges Admissions Organization:

From the California Community Colleges’ State Chancellor’s Office:

RESIDENCY IN GENERAL – 2002 CACCRAO WORKSHOP
Residence determinations are to be made on a case-by-case basis, and are based on conclusions made by the district, in compliance with current statutes and regulations. This material includes general information and a few changes relative to residency determination covered in earlier summaries in prior years
RESIDENT
A student who has been physically present in the state for more than the year immediately preceding the Residence Determination Date, and has coupled the durational requirement with objective intent for California residence.
NONRESIDENT
A student who does not have residence in the state for more than one year immediately preceding the Residence Determination Date.
RESIDENCE DETERMINATION DATE
Is that day immediately preceding the opening day of instruction of the quarter, semester, or other session as set by the district governing board, during which the student proposes to attend a college.
RESIDENCE
In order to establish residence, it is necessary that there be a union of act and intent. To establish residence, a person capable of establishing residence in California must couple his or her physical presence in California with objective evidence that the physical presence is with the intent to make California the home for other than a temporary purpose.
PHYSICAL PRESENCE Title 5 54022
a. A person capable of establishing residence in California must be physically present in California for at least one year prior to the Residence Determination date, in order to be classified as a resident student.
A temporary absence for business, education or pleasure will not result in loss of California residence if, during the absence, the person always intended to return to California and did nothing inconsistent with that intent.
Physical presence within the state solely for educational purposes does not constitute establishing California residence, regardless of length of that presence.

GENERAL RULES—RESIDENCY CRITERIA

To determine a person’s place of residence, reference is made to the following statutory rules:
a. Every person has, in law, a residence. ECS 68060
b. Every person who is married or 18 years of age, or older, and not precluded from doing so, may establish residence. ECS 68061
c. In determining the place of residence the following rules are to be observed: ECS 68062
(1) There can only be one residence.
(2) A residence is the place where one remains when not called elsewhere for labor or other special or temporary purposes, and to which he or she returns in seasons of repose.
(3) A residence cannot be lost until another is gained.
(4) The residence can be changed only by the union of act and intent.
(5) A man or a woman may establish his or her residence. A person's residence shall not be derived from that of his or her spouse. Many of the objective manifestations of the two may be shared, but each may have some evidence of intent that is not shared, which may indicate different residences
The residence of the parent with whom an unmarried minor child maintains his or her place of abode is the residence of the unmarried minor child. When the minor lives with neither parent his or her residence is that of the parent with whom he or she maintained his or her last place of abode. The minor may establish his or her residence when both parents are deceased and a legal guardian has not been appointed.
Note: The conditions in c.(6) apply unless the Immigration and Nationality Act preclude the minor from establishing residence in the United States.
The residence of an unmarried minor who has a parent living cannot be changed by his or her own act, by the appointment of a legal guardian, or by relinquishment of a parent's right of control, unless the student qualifies under the Self-Support or the Two-Year Care and Control exception.
(8) An alien, including an unmarried minor alien, may establish his or her residence unless precluded by the Immigration and Nationality Act from establishing residence in the United States. (See subsection 6, above.)
(9) Physical presence within California solely for educational purposes does not allow a student to establish residence, regardless of the length of time present in the state.
EVIDENCE OF INTENT Title 5 54024
Under the Education Code, the general rule is that a student must pay nonresident tuition unless the student can qualify as a resident student or meet the requirements of certain special provisions. Since the concept of residence involves subjective intent, colleges cannot anticipate every question that will arise in connection with determining whether such intent exists.
a. Intent to make California the home, for other than a temporary purpose, may be manifested in many ways. No one factor is controlling.
b. A student who is 19 years of age or older and maintained a home in California continuously for the last two years may be presumed to have the intent to make California the permanent home unless the student has evidenced contrary intent by having engaged in any of the activities listed in subdivision f. of this section.
c. A student who is under 19 years of age may be presumed to have intent to make California the permanent home if both the student and his of her parent maintained a home in California continuously for the last two years unless the student or parent has evidenced a contrary intent by having engaged in any of the activities listed in subdivision f. of this section.
d. A student who does not meet the requirements of subsection b. or c., above, shall be required to provide evidence of intent to make California the permanent home as specified in subdivision e. of this section.
e. Among acceptable evidence of intent to make California the student's permanent home are:
Ownership of residential property or continuous occupancy of rented or leased property in California.
(2) Registering to vote, and voting in California.
(3) Licensing from California for professional practice.
(4) Carrying on of a business or employment in California.
(5) Active resident membership in service or social clubs.
(6) Presence of spouse and/or dependent children in the state.
(7) Continuous presence in the state except for absences, which can be explained without conflicting with establishment of residence.
(8) Indicating a California address on California State and Federal income tax forms (i.e., W-2, 540, 1040...).
(9) Payment of California personal income tax as a resident.
(10) Possessing California motor vehicle license plates. Payment of a vehicle license fee is not required of nonresident military personnel. (An exemption may be filed.) Thus, payment of the fee is some indication of intent to be a California resident.
(11) Possessing California driver's license or a California Department of Motor Vehicles (DMV) identification card (Vehicle Code Sections 12502 and 12505 require a resident to obtain a California driver's license within 10 days from date residence is established.). For purposes of the DMV, residence is established when, after a move to California, a person rents, leases, or buys property in the state.
Maintaining a California address as the home of record in military records and on the Leave and Earnings Statement (LES) while in the armed forces.
(13) Maintaining active savings and checking accounts in California banks.
(14) Petitioning for a divorce as a resident of California.
(15) Possession of hunting or fishing license as a resident of California.
f. Conduct inconsistent with a claim for California residence includes but is not limited to:
(1) Maintaining voter registration and voting in another state.
Being the petitioner for a divorce in another state.
Attending an out-of-state institution as a resident of that other state.
Declaring nonresidence for state income tax purposes.
ONE-YEAR WAITING PERIOD Title 5 54028
The one-year residence period, which a student must meet to be classified as a resident, does not begin to run until the student is both present in California and has manifested clear intent to become a California resident.
REESTABLISHED RESIDENCE Title 5 54030
If a student, or the parents of a minor student, relinquishes California residence after moving from the state, one full year of physical presence, coupled with one full year of demonstrated intent to be a California resident, is required to reestablish residence for tuition purposes.
FINANCIAL INDEPENDENCE Title 5 54032
A student seeking reclassification as a resident, who was classified as a nonresident in the preceding term, shall be determined to be financially independent or dependent in accordance with Education Code Section 68044.
A student who has established financial independence may be reclassified as a resident, if the student has met the requirements of Title 5 section 54020 (union of act and intent), for one year prior to the residence determination date.
In determining whether the student has objectively manifested intent to establish California residence, financial independence shall weigh in favor of finding California residence, and financial dependence shall weigh against finding of California residence.
Financial dependence in the current or preceding calendar shall weigh more heavily against finding California residence, than shall financial dependence in earlier calendar years. Financial dependence in the current or preceding calendar year shall be overcome only if (1) the parent on whom the student is dependent is a California resident, or (2) there is no evidence of the student’s continuing residence in another state.
ACTIVE DUTY MILITARY STUDENTS ECS 68075
Students who are members of the armed forces of the United States stationed in California on active duty (except those assigned to the state for educational purposes), are exempt from nonresident tuition for the duration of their attendance at a community college as long as they remain on active duty in the state as of the residence determination date (Legal Opinion 99-21 concluded that service in the California National Guard does not constitute being a member of the armed forces of the United States for Education Code section 68075)
ACTIVE DUTY MILITARY REMAINS IN THE STATE FOLLOWING DISCHARGE ECS 68075.5
A student who was a member of the armed forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged from the armed forces is entitled to the resident classification for the length of time he or she lives in the state after being discharged up to the minimum time necessary to become a state resident.
DEPENDENT OF MEMBER OF THE ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED STATES ECS 68074
An (undergraduate) student who is a natural or adopted child, stepchild, or spouse who is a dependent of a member of the armed forces of the United States stationed in this state on active duty shall be entitled to the resident classification only for the purpose of determining the amount of tuition and fees.
If the member of the armed forces of the United States, whose dependent natural or adopted child, stepchild, or spouse is in attendance at an institution, (1) is thereafter transferred on military orders to a place outside the state where the member of the armed forces, continues to serve in the armed forces, the student dependent shall not lose his or her resident classification until he or she has resided in the state the minimum time necessary to become a resident.
ALIEN STUDENTS
(a) An alien, not precluded from establishing domicile in the United States by the Immigration and Nationality Act (8 U.S.C. 1101(INA), et seq.), shall be eligible to establish residence pursuant to the provisions of this subchapter.
An alien is precluded from establishing domicile in the United States if the alien;
(1) Entered the United States illegally or is undocumented;
Entered the United States under a visa that requires residence outside the United States, or
Entered the United States under a visa that permits entry solely for a temporary purpose.
(c) An alien described in paragraph (b) shall not be classified as a resident unless and until he/she has taken appropriate steps to obtain a change of status from Immigration and Naturalization Service to a classification which does not preclude establishing domicile, and has met the requirements of Sections Title 5 54020-54024 related to physical presence and the intent to make California the home for other than a temporary purpose.
(Education Code Section 68062(h) and (I); Title 5 Section 54045, INA, 8 U.S.C)
Please note: Pursuant to Assembly Bill AB 540 (Statutes of 2001, Chapter 814), effective January 1, 2002, certain nonresident students are exempted from payment of the nonresident tuition in credit courses if they meet the criteria specified in the law. Although these students are exempted from paying the nonresident fee, they remain nonresidents until such time as they change their immigration status to one that allows residence in the United States.
STUDENTS ELIGIBLE TO ESTABLISH RESIDENCE
The following statuses ALLOW a student to establish residence as long as the student also meets the criteria regarding physical presence and the intent to make California home for other than a temporary purpose.
United States Citizens
Permanent residents, including conditional permanent residents
Legalized aliens (lawful temporary residents, or "amnesty students")
Asylees and asylum applicants- INA, Section 208
The following Visa statuses MAY establish residency:
A-1, A-2, A-3 Foreign government official or employee, family and servants
E-1, E-2 Treaty trader and treaty investor, spouse and children
G-1, G-2, G-3 Representative of foreign government, officer G-4, G-5 and employee of international organization, family and attendants or servants
H-1 (Now H-1B) Temporary worker or trainee, spouse and children
H-4
I Representative of foreign information media, spouse and children
K-1, K-2Fiancé and fiancée of U.S. citizen
L-1, L-2 Intracompany transferee, spouse and children
O-1, O-3Alien with extraordinary ability in the sciences, arts, education, business, or athletics, spouse and children
R Religious occupations
STUDENTS INELIGIBLE TO ESTABLISH RESIDENCE
The following Visa statuses PRECLUDE a student from establishing residency, regardless of the length of time in California:
B-1, B-2 Visitor for business or pleasure
C Alien in transit
D-1, D-2 Alien crew member
F-l, F-2 Academic student, spouse and children
H-2, H-3 Spouse and children of temporary worker or trainee
J-1, J-2 Exchange visitor, spouse and children
M-1, M-2 Nonacademic or vocational student, spouse and children
O-2 Alien accompanying and assisting an O-1 alien with extraordinary ability in the sciences, arts, education, business or athletics
P-1 Internationally recognized athlete or entertainer
P-2 Artist or entertainer entering the United States to perform under a reciprocal exchange program
P-3 Artist or entertainer entering the United States to perform under a program that is culturally unique
P-4 Spouse or child of P-1, P-2, or P-3 alien
Q International cultural exchange program
TN/TD Trader under NAFTA, spouse and children
State Chancellor’s Office - April 2002
If you have determined that you are a California resident, the next step is to determine whether you want to go to
A public two-year community college
A private two-year community college
A public four-year college or university
A private four-year college or university
Each type of institution has its benefits and drawbacks. You should check out the webpages of the various institutions listed on our website by hitting on their web addresses.
Non-California Resident Students
If you are a non-resident of California, tuition and fees are much higher at public community colleges and universities. California residents get lower fees at public California community colleges and universities. Also, California residents may get up to $9,000 per year in CalGrant funding if they meet certain criteria and are going to enroll in a private four-year college or university. If you are not sure as to whether you are a California resident or not or can establish California residence in the near future, you should check out the following, which was provided by the California Community Colleges Admissions Organization:
From the California Community Colleges’ State Chancellor’s Office:
RESIDENCY IN GENERAL – 2002 CACCRAO WORKSHOP
Residence determinations are to be made on a case-by-case basis, and are based on conclusions made by the district, in compliance with current statutes and regulations. This material includes general information and a few changes relative to residency determination covered in earlier summaries in prior years
RESIDENT
A student who has been physically present in the state for more than the year immediately preceding the Residence Determination Date, and has coupled the durational requirement with objective intent for California residence.
NONRESIDENT
A student who does not have residence in the state for more than one year immediately preceding the Residence Determination Date.
RESIDENCE DETERMINATION DATE
Is that day immediately preceding the opening day of instruction of the quarter, semester, or other session as set by the district governing board, during which the student proposes to attend a college.
RESIDENCE
In order to establish residence, it is necessary that there be a union of act and intent. To establish residence, a person capable of establishing residence in California must couple his or her physical presence in California with objective evidence that the physical presence is with the intent to make California the home for other than a temporary purpose.
PHYSICAL PRESENCE Title 5 54022
a. A person capable of establishing residence in California must be physically present in California for at least one year prior to the Residence Determination date, in order to be classified as a resident student.
A temporary absence for business, education or pleasure will not result in loss of California residence if, during the absence, the person always intended to return to California and did nothing inconsistent with that intent.
Physical presence within the state solely for educational purposes does not constitute establishing California residence, regardless of length of that presence.
GENERAL RULES—RESIDENCY CRITERIA
To determine a person’s place of residence, reference is made to the following statutory rules:
a. Every person has, in law, a residence. ECS 68060
b. Every person who is married or 18 years of age, or older, and not precluded from doing so, may establish residence. ECS 68061
c. In determining the place of residence the following rules are to be observed: ECS 68062
(1) There can only be one residence.
(2) A residence is the place where one remains when not called elsewhere for labor or other special or temporary purposes, and to which he or she returns in seasons of repose.
(3) A residence cannot be lost until another is gained.
(4) The residence can be changed only by the union of act and intent.
(5) A man or a woman may establish his or her residence. A person's residence shall not be derived from that of his or her spouse. Many of the objective manifestations of the two may be shared, but each may have some evidence of intent that is not shared, which may indicate different residences.
The residence of the parent with whom an unmarried minor child maintains his or her place of abode is the residence of the unmarried minor child. When the minor lives with neither parent his or her residence is that of the parent with whom he or she maintained his or her last place of abode. The minor may establish his or her residence when both parents are deceased and a legal guardian has not been appointed.
Note: The conditions in c.(6) apply unless the Immigration and Nationality Act preclude the minor from establishing residence in the United States.
The residence of an unmarried minor who has a parent living cannot be changed by his or her own act, by the appointment of a legal guardian, or by relinquishment of a parent's right of control, unless the student qualifies under the Self-Support or the Two-Year Care and Control exception.
(8) An alien, including an unmarried minor alien, may establish his or her residence unless precluded by the Immigration and Nationality Act from establishing residence in the United States. (See subsection 6, above.)
(9) Physical presence within California solely for educational purposes does not allow a student to establish residence, regardless of the length of time present in the state.
EVIDENCE OF INTENT Title 5 54024
Under the Education Code, the general rule is that a student must pay nonresident tuition unless the student can qualify as a resident student or meet the requirements of certain special provisions. Since the concept of residence involves subjective intent, colleges cannot anticipate every question that will arise in connection with determining whether such intent exists.
a. Intent to make California the home, for other than a temporary purpose, may be manifested in many ways. No one factor is controlling.
b. A student who is 19 years of age or older and maintained a home in California continuously for the last two years may be presumed to have the intent to make California the permanent home unless the student has evidenced contrary intent by having engaged in any of the activities listed in subdivision f. of this section.
c. A student who is under 19 years of age may be presumed to have intent to make California the permanent home if both the student and his of her parent maintained a home in California continuously for the last two years unless the student or parent has evidenced a contrary intent by having engaged in any of the activities listed in subdivision f. of this section.
d. A student who does not meet the requirements of subsection b. or c., above, shall be required to provide evidence of intent to make California the permanent home as specified in subdivision e. of this section.
e. Among acceptable evidence of intent to make California the student's permanent home are:
Ownership of residential property or continuous occupancy of rented or leased property in California.
(2) Registering to vote, and voting in California.
(3) Licensing from California for professional practice.
(4) Carrying on of a business or employment in California.
(5) Active resident membership in service or social clubs.
(6) Presence of spouse and/or dependent children in the state.
(7) Continuous presence in the state except for absences, which can be explained without conflicting with establishment of residence.
(8) Indicating a California address on California State and Federal income tax forms (i.e., W-2, 540, 1040...).
(9) Payment of California personal income tax as a resident.
(10) Possessing California motor vehicle license plates. Payment of a vehicle license fee is not required of nonresident military personnel. (An exemption may be filed.) Thus, payment of the fee is some indication of intent to be a California resident.
(11) Possessing California driver's license or a California Department of Motor Vehicles (DMV) identification card (Vehicle Code Sections 12502 and 12505 require a resident to obtain a California driver's license within 10 days from date residence is established.). For purposes of the DMV, residence is established when, after a move to California, a person rents, leases, or buys property in the state.
Maintaining a California address as the home of record in military records and on the Leave and Earnings Statement (LES) while in the armed forces.
(13) Maintaining active savings and checking accounts in California banks.
(14) Petitioning for a divorce as a resident of California.
(15) Possession of hunting or fishing license as a resident of California.
f. Conduct inconsistent with a claim for California residence includes but is not limited to:
(1) Maintaining voter registration and voting in another state.
Being the petitioner for a divorce in another state.
Attending an out-of-state institution as a resident of that other state.
Declaring nonresidence for state income tax purposes.
ONE-YEAR WAITING PERIOD Title 5 54028
The one-year residence period, which a student must meet to be classified as a resident, does not begin to run until the student is both present in California and has manifested clear intent to become a California resident.
REESTABLISHED RESIDENCE Title 5 54030
If a student, or the parents of a minor student, relinquishes California residence after moving from the state, one full year of physical presence, coupled with one full year of demonstrated intent to be a California resident, is required to reestablish residence for tuition purposes.
FINANCIAL INDEPENDENCE Title 5 54032
A student seeking reclassification as a resident, who was classified as a nonresident in the preceding term, shall be determined to be financially independent or dependent in accordance with Education Code Section 68044.
A student who has established financial independence may be reclassified as a resident, if the student has met the requirements of Title 5 section 54020 (union of act and intent), for one year prior to the residence determination date.
In determining whether the student has objectively manifested intent to establish California residence, financial independence shall weigh in favor of finding California residence, and financial dependence shall weigh against finding of California residence.
Financial dependence in the current or preceding calendar shall weigh more heavily against finding California residence, than shall financial dependence in earlier calendar years. Financial dependence in the current or preceding calendar year shall be overcome only if (1) the parent on whom the student is dependent is a California resident, or (2) there is no evidence of the student’s continuing residence in another state.
ACTIVE DUTY MILITARY STUDENTS ECS 68075
Students who are members of the armed forces of the United States stationed in California on active duty (except those assigned to the state for educational purposes), are exempt from nonresident tuition for the duration of their attendance at a community college as long as they remain on active duty in the state as of the residence determination date (Legal Opinion 99-21 concluded that service in the California National Guard does not constitute being a member of the armed forces of the United States for Education Code section 68075)
ACTIVE DUTY MILITARY REMAINS IN THE STATE FOLLOWING DISCHARGE ECS 68075.5
A student who was a member of the armed forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged from the armed forces is entitled to the resident classification for the length of time he or she lives in the state after being discharged up to the minimum time necessary to become a state resident.
DEPENDENT OF MEMBER OF THE ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED STATES ECS 68074
An (undergraduate) student who is a natural or adopted child, stepchild, or spouse who is a dependent of a member of the armed forces of the United States stationed in this state on active duty shall be entitled to the resident classification only for the purpose of determining the amount of tuition and fees.
If the member of the armed forces of the United States, whose dependent natural or adopted child, stepchild, or spouse is in attendance at an institution, (1) is thereafter transferred on military orders to a place outside the state where the member of the armed forces, continues to serve in the armed forces, the student dependent shall not lose his or her resident classification until he or she has resided in the state the minimum time necessary to become a resident.
ALIEN STUDENTS
(a) An alien, not precluded from establishing domicile in the United States by the Immigration and Nationality Act (8 U.S.C. 1101(INA), et seq.), shall be eligible to establish residence pursuant to the provisions of this subchapter.
An alien is precluded from establishing domicile in the United States if the alien;
(1) Entered the United States illegally or is undocumented;
Entered the United States under a visa that requires residence outside the United States, or
Entered the United States under a visa that permits entry solely for a temporary purpose
(c) An alien described in paragraph (b) shall not be classified as a resident unless and until he/she has taken appropriate steps to obtain a change of status from Immigration and Naturalization Service to a classification which does not preclude establishing domicile, and has met the requirements of Sections Title 5 54020-54024 related to physical presence and the intent to make California the home for other than a temporary purpose.
(Education Code Section 68062(h) and (I); Title 5 Section 54045, INA, 8 U.S.C)
Please note: Pursuant to Assembly Bill AB 540 (Statutes of 2001, Chapter 814), effective January 1, 2002, certain nonresident students are exempted from payment of the nonresident tuition in credit courses if they meet the criteria specified in the law. Although these students are exempted from paying the nonresident fee, they remain nonresidents until such time as they change their immigration status to one that allows residence in the United States
STUDENTS ELIGIBLE TO ESTABLISH RESIDENCE

The following statuses ALLOW a student to establish residence as long as the student also meets the criteria regarding physical presence and the intent to make California home for other than a temporary purpose.

United States Citizens
Permanent residents, including conditional permanent residents
Legalized aliens (lawful temporary residents, or "amnesty students")
Asylees and asylum applicants- INA, Section 208
The following Visa statuses MAY establish residency:
A-1, A-2, A-3 Foreign government official or employee, family and servants
E-1, E-2 Treaty trader and treaty investor, spouse and children
G-1, G-2, G-3 Representative of foreign government, officer G-4, G-5 and employee of international organization, family and attendants or servants
H-1 (Now H-1B) Temporary worker or trainee, spouse and children
H-4
I Representative of foreign information media, spouse and children
K-1, K-2Fiancé and fiancée of U.S. citizen
L-1, L-2 Intracompany transferee, spouse and children
O-1, O-3Alien with extraordinary ability in the sciences, arts, education, business, or athletics, spouse and children
R Religious occupations
STUDENTS INELIGIBLE TO ESTABLISH RESIDENCE
The following Visa statuses PRECLUDE a student from establishing residency, regardless of the length of time in California:
B-1, B-2 Visitor for business or pleasure
C Alien in transit
D-1, D-2 Alien crew member
F-l, F-2 Academic student, spouse and children
H-2, H-3 Spouse and children of temporary worker or trainee
J-1, J-2 Exchange visitor, spouse and children
M-1, M-2 Nonacademic or vocational student, spouse and children

O-2 Alien accompanying and assisting an O-1 alien with extraordinary ability in the sciences, arts, education, business or athletics

P-1 Internationally recognized athlete or entertainer

P-2 Artist or entertainer entering the United States to perform under a reciprocal exchange program
P-3 Artist or entertainer entering the United States to perform under a program that is culturally unique

P-4 Spouse or child of P-1, P-2, or P-3 alien
Q International cultural exchange program
TN/TD Trader under NAFTA, spouse and children
State Chancellor’s Office - April 2002

If you have determined that you are not a California resident, the next step is to determine whether you want to go to

A public two-year community college
A private two-year community college
A public four-year college or university
A private four-year college or university


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