[TACRAO] Listserv Residency Question

Martinez, Jerry Jerry.Martinez at brazosport.edu
Wed Oct 30 15:48:58 CDT 2019

Hi, David.

I will quote what someone at THECB said to me many many years ago, when I was at another institution.

"State statutes do not limit the visa classification of individuals who meet the requirements for establishing residency based on 36 months presence in the state prior to HS graduation, the year prior to enrollment and the signing of an affidavit. The student may face some issues with USICS if they find out he/she signed the affidavit and is on an F1 visa, but that is the student's issue, not the state's."

This is a tricky one, we hear 'visa blind' when discussing this because the statute does not explicitly state who this rule does not apply to under 36/12. The domicile route is pretty clear regarding visas eligible to domicile.

Whatever your decision is, be consistent.

Best of luck,


Jerry Martinez | Director of Admissions and Registrar | Brazosport College
Phone: 979.230.3221 | Fax 979.230.3376 | Email jerry.martinez at brazosport.edu<mailto:jerry.martinez at brazosport.edu>
500 College Drive | Lake Jackson, TX 77566
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From: tacrao-bounces at tamuc.edu [mailto:tacrao-bounces at tamuc.edu] On Behalf Of Edwards, David L
Sent: Wednesday, October 30, 2019 2:56 PM
To: tacrao at tamuc.edu
Subject: [TACRAO] Listserv Residency Question

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Good afternoon,

I have a hypothetical residency question for your consideration:

"A minor F1 international student is sponsored and attends high school in Texas for 4 years and graduates. That student now wants to attend a Texas public institution of higher education. Would you treat them as an F1 International Student or could they qualify as a Noriega student (SB 1528) ? Why or why not?

David L. Edwards
Sr. Manager of Admissions
(972) 860-7663
DavidEdwards at dcccd.edu<mailto:DavidEdwards at dcccd.edu>
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