Yes, the Board of Regents tuition classification policies reflect the requirements for in-state classification as required by O.C.G.A. 20-3-66 passed by the Georgia Legislature in July 2008.
Official Code of Georgia Annotated (O.C.G.A.) 40-5-20 states “any person who is a resident of this state for 30 days shall obtain a Georgia driver’s license before operating a motor vehicle in this state.
The primary documents requested from students and/or parents include a certified copy of GA State Taxes from the GA Department of Revenue and a copy of a GA driver’s license. Additional information may be requested as part of a petition or waiver application.
Students with a legal guardian will be asked to provide the U.S. court appointed documentation to verify legal guardianship as part of any tuition classification review. Kinship Guardian letters and legal guardianship appointed outside the U.S. does not meet USG legal guardianship requirements.
Domicile is an individual’s present, permanent home where they intend to stay permanently or indefinitely and to which they return following periods of temporary absence. While an individual may have multiple residences, an individual can have only one domicile. Those living in Georgia for a temporary purpose, such as college attendance, are not considered domiciled in the state.
If your parent in Georgia claimed you as a dependent on their Georgia tax return for the most recent tax year then we will likely request a certified copy of your parent’s Georgia tax return to determine your eligibility for an in-state tuition classification.
If your parent you live with claims you as a dependent in the state they live in and you are under the age of 24 you may be eligible for the Non-Resident Student Out-of-State Tuition Waiver.
You are not eligible for an in-state tuition classification until you have established domicile in Georgia for 12 consecutive months. However, if you moved here for to accept a full-time job offer in Georgia that you received PRIOR to moving to Georgia, you may qualify for the Economic Advantage waiver. See the Out-of-State Tuition Waivers page.
If you are a U.S. citizen (or U.S. national), U.S. Permanent Resident card holder, approved refugee, asylee, or eligible noncitizen for federal student aid, then you may be considered for an in-state tuition classification. Please see the U.S. Department of Education’s Eligibility for Non-U.S. Citizens webpage for information about eligible noncitizen categories.
As a visa holder, you are not eligible to be a Georgia resident for tuition purposes even if you have lived in Georgia for more than a year and file taxes. If your family member that is employed full time in Georgia and on an employment-based visa is in green card process, then you may qualify for the Economic Advantage Out-of-State tuition waiver. See the Out-of-State Tuition Waivers page for more information.
According to USG policy, “lawful permanent residents, refugees, asylees, or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification. Additional information regarding “eligible noncitizens” may be found in Volume 1 - Student Eligibility, Chapter 2 - Citizenship, of the Federal Student Aid Handbook maintained by the United States Department of Education. Noncitizen students who are not in a status listed, including those who are unable to provide documentation of their current, legal status in the United States must not be classified as in-state. Students who are in a current, legal status in the United States may be considered for an out-of-state tuition waiver. Those students who are not in a current legal status may not be awarded an out-of-state tuition waiver.
No, Temporary Protected Status (TPS) is not a category of eligible non-citizen as defined by the Federal Title IV regulations. Students in this status are not eligible to be classified as in-state.
Students who have applied for asylum may not be considered for in-state classification until they provide documentation showing they have been granted asylum by USCIS and meet GA residency requirements.
Students who have applied for U.S. permanent resident status cannot be considered for in-state classification until they have received U.S. permanent resident status and provide a copy of their green card, unless they are in a status which falls under “eligible noncitizen” by Federal Title IV regulations.
Yes, any student indicating they are a lawful permanent resident, refugee, asylee, or other eligible noncitizen as defined by the federal Title IV regulations must submit USCIS documentation as evidence of their eligible status to qualify for the out-of-state classification based on their citizenship status.
Students and their dependents returning to the state of Georgia following military service may be considered a Resident of Georgia if their State of Legal Residence remained Georgia and properly filed a Georgia tax return as a Georgia Resident for the tax year immediately preceding the term the student is seeking in-state tuition. State of Legal Residence (SLR) is the state to which the service member will pay taxes on the income earned in the military. Home State of Record is different from State of Legal Residence as the military member does not have to continue to pay taxes to their Home State of Record if the military member changes their State of Legal Residence.
Students stationed or assigned to an active duty military unit in the US Armed Forces, Georgia National Guard, or US Reserves in Georgia may qualify for in-state tuition. If the student or their parent/spouse's State of Legal Residence (SLR) is Georgia and meets all other eligibility requirements for residency the student may be considered a Resident of Georgia. Documentation may be required to verify.
If the student does not meet these Georgia residency eligibility requirements they may qualify for the Active-Duty Military Waiver or Separated Military Waiver. See the Out-of-State Tuition Waivers page.
If your State of Legal Residence is another state, but you have separated from the last military within the last 36 months and/or using VA educational benefits, you should qualify for the Separated Military out-of-state tuition waiver. See the Military & Veterans page.
If your State of Legal Residence was Georgia on your LES but you filed as a non-resident on your GA State taxes, then you cannot be made a Georgia resident. However, you may qualify for the Active-Duty Military Waiver or Separated Military Waiver. See the Out-of-State Tuition Waivers page.
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