6.2.2(p) Determination of Residency

Reviewed: May 2024
Adopted: May 2010
Scope: Students
Contact: Director of Admissions
References: SBTCSG Policy 6.2.2, SBTCSG Procedure 6.2.2p.

The State Board of Technical and Adult Education recognizes three student residency categories: in-state, out-of-state and international.

A student's legal residence shall determine the tuition rate paid by the student.

Students who are residents of the United States and otherwise qualify as Georgia residents shall pay tuition and fees prescribed by the State Board for in-state students.
Students who are residents of the United States but do not otherwise qualify as Georgia residents shall pay tuition and fees at a rate two times that charged in-state students. These students are recognized as out-of-state students.
Students who are residents of a country other than the United States and are studying at a technical college shall pay tuition and fees at a rate four times that charged in-state students. These students are recognized as international students.

Please note: Residency classification also directly affects a student's eligibility for state-based aid (i.e. HOPE Grant & Scholarship). Students in any admissions classification other than In-State are not eligible for state-based aid. Individuals who wish to qualify for another type of residency should contact the Office of Admissions to petition for a change of residency classification and submit all required documentation as required. This submission must be done prior to the document deadline for a given term. Residency status is not changed automatically and the burden of proof rests with the student to demonstrate that they qualify for a change of status. Changes to residency classification are for future terms only and will not result in refunds to students for prior terms.

Each college shall be responsible for the verification of the lawful presence in the United States of every successfully admitted student applying for Georgia resident tuition status as required by state and federal immigration laws, unless the student is participating in a dual enrollment program with a secondary institution. Verification procedures shall comply with O.C.G.A. § 50-36-1.

Verification of Lawful Presence in the United States

U.S. Citizens

A current U.S. Passport or U.S. Passport card.
A current State of Georgia Driver's License or State of Georgia State ID card issued after 1/1/2008.
An unexpired driver's license or identification card issued by one of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]. Link: https://law.georgia.gov/resources/immigration-reports (List of States)
An Original or Certified U.S. Birth Certificate. Photocopies are not acceptable. The official seal must be visible on it from a U.S. state, county, municipal authority, or territory.
A current U.S. Military ID (service member only, not dependent). Must be presented in person.
A completed FAFSA application may satisfy this requirement. The FAFSA year must correspond with your term of admission.
A U.S. Certificate of Naturalization (USCIS form N-550 or N-570).
A U.S. Certificate of Citizenship (USCIS form N-560 or N-561).
A U.S. Certificate of Birth Abroad issued by the Department of State (DS-1350).
A Consular Report of Birth Abroad (FS-240).

Other:

A current Permanent Resident Card or Alien Registration Receipt Card.
I-94 (Arrival/Departure Record).
I-766 (Employment Authorization Card).

Non-Citizen Eligibility for In-State Tuition

Any non-citizen student requesting to pay at the in-state tuition rate will be required to provide verification of their lawful presence in the United States in order to be classified as an in-state student or awarded an out-of-state tuition waiver.

TCSG Procedure 6.2.2p: "Each college shall be responsible for the verification of the lawful presence in the United States of every successfully admitted student applying for Georgia resident tuition status as required by state and federal immigration laws."

How can a student verify lawful presence?

Students who file a FAFSA (Free Application for Federal Student Aid) and are eligible for federal student aid will have their lawful presence verified as part of the FAFSA process.
A clear copy of an original or certified U.S. Birth Certificate showing the student was born in the U.S. or a U.S. territory, A U.S. Certificate of Birth Abroad issued by the Department of State (DS-1350) or a Consular Report of Birth Abroad (FS-240). The copy must very clearly show the raised or written seal to be acceptable.
A U.S. Certificate of Naturalization (USCIS form N-550 or N-570).
A U.S. Certificate of Citizenship (USCIS form N-560 or N-561).
A current U.S. Passport.
Unexpired Georgia and select out of state Drivers licenses and state ID cards can be accepted under certain conditions. It must be a Real ID and not contain any of the verbiage in the chart below. If the copy received has the top portion of the card cut off the document will not satisfy lawful presence.
A current military ID (service member only, not dependent). Documented using the Confirmation of Review of Military ID Worksheet - A photocopy is not acceptable.
A current, valid Permanent Resident Card (USCIS form I-151 or I-551). We require both the front & back sides of your Permanent Resident Card to be submitted. It must not expire before the first day of class of the term the student will start classes.
Students admitted on an F, J or M Visa will have their lawful presence verified through the Student and Exchange Visitor Information System (SEVIS).
Students admitted on any other Visa will have their lawful presence verified through the Systematic Alien Verification for Entitlements (SAVE) Program.

State	DL/ID Requirements for Acceptance
Alabama	Must NOT be marked "FN"
Alaska	Must NOT be marked "Limited Term"
California	Must NOT be marked "Limited Term." Instruction Permits, Commercial Learner's Permits, and temporary licenses cannot be accepted.
Delaware	Must NOT be marked "Limited Term" or "Temporary"
Florida	Must NOT be marked "Temporary"
Georgia	Must NOT be marked "Limited Term"
Idaho	Must NOT be marked "Limited Term"
Idaho	Must NOT be marked "Limited Term"
Kentucky	Must NOT be marked "Not for REAL ID purposes"
Louisana	Must NOT be marked "Limited Term"
Maryland	Must NOT indicate "T" restriction
Missouri	Must NOT be marked "Limited Term"
Montana	Must NOT be marked "Limited Term" or "Temporary"
Nevada	Must NOT be marked "Limited Term"
North Carolina	Must NOT be marked "Limited Term"
Ohio	Must NOT indicate that it is "nonrenewable and nontransferable"
Oklahoma	Must NOT be marked "Temporary"
South Carolina	Must NOT be marked "Limited Term"
Tennessee	Must NOT be marked "Temporary"
Texas	Must NOT be marked "Limited Term" or "Temporary
Vermont	Must NOT be marked "Limited Term"
Wisconsin	Must NOT be marked "Limited Term

Residency Procedures

The Office of Admissions classifies each person accepted by the college as an in-state, out-of-state, or international student. Said classification is based upon all relevant information made available to the Office of Admissions, including, but not limited to, information submitted by or on behalf of the student. The Office of Admissions may, as a condition of registration, require such written documents and other relevant evidence as are deemed necessary or helpful to determine the residence of the applicant. Such documentation may include, but is not limited to Georgia tax forms, utility bills, a driver's license, voter registration card and automobile registration.

Legal residence in the State of Georgia requires not only recent physical presence in Georgia, but also the element of intent to remain indefinitely.

Georgia Residency

Dependent Students:
1. A Dependent Student meets the Georgia Residency Requirements, for purposes of this procedure and the related policies, if his or her Parent has established and maintained Domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes of the school term for which the student is seeking in state tuition, and
2. Such student graduated from an Eligible High School located in the State of Georgia; or
3. The Parent claimed the student depended on the Parent's most recent federal income tax return.
4. A Dependent Student would meet the Georgia Residency Requirements, for purposes of this procedure and related policies, if a United States court-appointed Legal Guardian has established and maintained Domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes of the school term for which the student is seeking instate tuition, provided that the appointment was not made to avoid payment of Out-of-State Tuition.
Independent Students:
1. An Independent Student meets the Georgia Residency requirements, for purposes of this procedure and the related policies, if he or she has established and maintained Domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes of the school term for which the student is seeking In-State Tuition.
2. It is presumed that no Independent Student shall have gained or acquired Georgia Residency, for purposes of this procedure and the related policies, while attending a TCSG college without clear evidence of having established a Domicile in the State of Georgia for purposes other than attending a TCSG college.

Financial aid eligibility is not determined by Admissions. Students applying for financial aid may have to provide further residency documentation directly to the Office of Financial Aid.

Definitions for College Admissions & Tuition Classification:

Dependent Student: An individual under 24 who receives financial support from a parent or United States court-appointed Legal Guardian whose federal or state tax return lists the individual as "dependent".

Independent Student: An individual show is not claimed as a dependent on the federal or state income tax returns of a parent or United States court-appointed legal guardian who has ceased to provide support and right to that individual's care, custody, and earnings.