Admissions Requirements

The following visa status holders cannot establish residency regardless of the length of time in California: Parolees, B1, B2, BE, BCC, C1-C4, CD1, CW1, D1, D2, F1, F2, F3, H1B1, H2, H3, H4 of an H1B1/H2A/H2B/H3 visa holder, J, M1-M3, O2, O3, P1-P4, Q, S5-S7, TWOV, TC, TN/TD and WT/WB.

The following EAD statuses cannot establish residency regardless of the length of time in California; Parolees, A7, C3A, C3B, C3C, C3II, C3III, C5, C6, C7, C17I, C17II, C17III, C18, C21, and C23.

The following EAD status may or may not be able to establish residency and will require additional documentation for proof, such as a visa or other document from immigration services: A10, A11, A13, C1, C4, C10, C11, C14, C16, C19, C20, C22, C24, C35, and C36.

If you are the holder of one of these types of visas, but you have filed for a change of status, you may submit a Residency Reclassification Petition. Your residency determination date is based on the date of your application for change of status. Be sure to include a copy of I-797A Notice of Action from USCIS for the status adjustment.

The first day of the term is the residency determination date. Living in California for one year and one day does not automatically qualify you for in-state tuition fees.

Under California law, if you moved to California primarily to attend a California college, then you are not eligible for in-state tuition fees.

You must prove through official and/or legal documents that you have moved to California permanently and are not just living in California temporarily while you attend college, however long your course of study takes.

The residence of a minor (a person under 18 years of age) is determined in accordance with the following, per California Education Code and Title 5:

1. The residence of the parent (natural or legally adoptive) with whom an unmarried minor lives is the residence of that minor, regardless of the length of time the minor has resided with that parent. This rule applies equally to a minor whose parents have permanently separated.
2. A married minor may establish their own residence. A minor who has married but thereafter divorced retains the capacity to establish their own residence. A minor whose marriage has been annulled must be treated as an unmarried minor since, for all intents and purposes, a marriage has not occurred.
3. If the minor lives alone, they take the residence status of the parent with whom they last lived.
4. If both parents are deceased and there is no court-appointed guardian, then the minor may establish residence as though they were an adult.
5. The residence of an unmarried minor who has a living parent cannot be changed by the minor's own act, by the appointment of a legal guardian, or by relinquishment of a parent's right of control.
6. A student who has been adult for less than a full year (is under 19 years of age) may under certain circumstances combine the immediate pre-majority derived California residence with the immediate post-majority California residence to satisfy the one year necessary for residency classification.

Students under 19 years of age and unmarried typically derive California residency from their parents. The parents must meet the eligibility requirements and provide documentation demonstrating physical presence in California and intent to make California their permanent residence. Note: Students older than 19 usually do not derive residency from a parent.

Alternatively, students seeking reclassification from non-resident to resident status can show financial independence from any non-resident parent or guardian according to guidelines set forth by the State of California.

To establish financial independence, a student seeking reclassification must show the extent to which they have met the following criteria for the current and each of the immediately preceding three (3) calendar years:

1. The student has not been claimed as an exemption for state or federal tax purposes by their non-resident parents.
2. The student has not received more than $750 from their non-resident parents.
3. The student has not lived in the home of their non-resident parents for more than six weeks in any given year.

Failure to satisfy all the financial independence criteria for the entire period will not necessarily result in classification as a non-resident if the showing of one year’s presence and intent is sufficiently strong. However, failure to satisfy all three financial independence criteria for the current and immediately preceding calendar years will normally result in classification as a non-resident, since financial independence is of greater significance for those years.

Financial independence, or want of it, for the second and third calendar years immediately preceding the year in which reclassification is requested will be considered together with all other relevant factors in determining intent, with no special weight attached to the financial independence factor. Evidence of financial independence may be presented in the form of:

• Affidavits signed by student and parent indicating the extent to which the three criteria listed above have been met
• Copies of the federal and state income tax returns filed by student and/or parent for the current and any applicable preceding calendar years

Financial hardship cannot be considered in evaluating California residency for the purpose of in-state fee eligibility.

A student cannot derive residency status from their spouse or domestic partner.

Education Code, 68075; Title 5, 54042

1. If you are stationed in California, and have been stationed in California less than one year, please provide
   1. A Completed Residency Reclassification Petition
   2. A copy (front) of your Military ID
   3. A copy of your Military Orders that show your domicile in California
2. If you are stationed in California, and have been stationed in California more than one year:
   1. A completed Residency Reclassification Petition
   2. A copy (front) of your Military ID
   3. A copy of your Military Orders that show your domicile in California
   4. Provide 2 documents that show your name, and residency address in California dates 366 days prior to the start date of the term of application

Please note: Residency reclassification is not retroactively considered.

Education Code, 68074; Title 5, 54041

If you are the spouse or dependent child of a member of the Armed Forces of the United States who is stationed in California, then please provide all of the following:

• Proof that the military member has been assigned to active duty for more than 30 days
• Documentation of the military member’s assignment to active duty in California or proof of that the military member’s primary home is in California
• Evidence that you are the spouse of the military member or a dependent child for federal tax purposes

Education Code, 68075.5; Title 5, 54041

1. For Discharged Veterans (Home of Record:  California)
   1. Option 1
      Choose this option if you have resided in California for 1 year and 1 day prior to the term of application.
      1. A copy of your DD214
      2. Fill out the Residency Reclassification Form
      3. Provide 2 documents that show your name, address in CA and that are dated 366 days prior to the term of application.
   2. Option 2
      Choose this option If you graduated from a California High School and attended at least 3 years of school in a California school
      1. Fill out the Tuition exemption form
      2. Send a copy of your official High School transcripts from your high school and/or other California schools to Las Positas College electronically by ordering them from your prior schools online.
2. For Discharged Veterans (Home of Record: Other than California)
   1. Option 3
      Choose this option if you have lived less than 1 year in California and have completed 90 days active duty.
      1. A copy of your DD214
      2. Fill out the VACA form waiver
      3. If you are eligible for GI Bill benefits –provide a copy of your eligibility
   2. Option 4
      Choose this option if you have resided in California for 1 year and 1 day prior to the term of application
      1. A copy of your DD214
      2. Fill out the Residency Reclassification Form
      3. Provide 2 documents that show your name, address in CA and dated 366 days prior to the term of application.

Please note:  Residency Reclassification is not retroactively considered.  Check your Residency status right after you apply, if your residency is not what you believe it should be.

Applicants who are members of the Armed Forces of the United States stationed in California on active duty, except if assigned for educational purposes, are entitled to resident classification until the student has resided in the state the minimum time necessary to beomce a resident. During this one-year period, the military person (and/or dependents) must demonstrate intent to establish California residency.

Students who attended a California high school for at least three years and graduated or received a GED or certificate of completion may qualify for the AB 540, AB 2000, or SB 68 non-resident tuition exemption. Additional factors such as community college, elementary, middle, and adult school attendance in California may be considered in some circumstances.

If you meet this exemption, submit the following form instead of instead of the Residency Reclassification Application along with an official high school transcript sent directly from your educational institution to Las Positas College:

• AB 540 Non-Resident Tuition Exemption Form (PDF)

Two Year Care and Control for Minors

Education Code, 68073; Title 5, 54047

If, immediately prior to enrolling at the college, you lived with and have been under the direct care and control of any adult(s), other than a parent, for a period of at least two years, provided that the adult(s) having control have been domiciled in California during the year immediately prior to the residence determination date, please provide evidence of both the following:

• A statement form the adult(s) showing that you have lived with him/her and have been under his/her continuous direct care for more than two years
• Evidence that the adult has California residence for more than one year prior to the residence determination date

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Adult Dependent of a California Resident

Education Code, 68076; Title 5, 54047

If you have not been an adult resident of California for more than one year and either of the following are true, then provide documentation of your parent's California residency:

• You are the dependent child of a California resident who has had residence in California for more than one year
• You have a parent who has both contributed court-ordered support for you on a continuous basis and has been a California resident for at least one year

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Self-Supporting Minor

Education Code, 68071; Title 5, 54040

If you are under 19 years of age and have supported yourself financially for at least one year and a day, then please provide both of the following:

• W-2 forms or other documentation showing your earnings for the past year
• A written statement showing your expenses during the past year

Note: To claim this status, you must have been physically present in California for the past year.

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Minor Remaining in California

Education Code, 68070

If you are a minor whose California resident parent(s) moved from California to establish residence elsewhere within one year prior to the residence determination date, and you have remained in California, then please provide all of the following:

• Evidence your parent(s) lived in California at least one year prior to leaving
• Evidence parent(s) left California to establish residence elsewhere within one year of the resident determination date
• Evidence you are under age nineteen and are in the process of becoming a California resident

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Current and Former Foster Youth

Education Code, 68730

If you are or have recently been a foster care youth (ward or dependent of the State of California), then please provide documentation showing this relationship. You must be 24 years old or younger to qualify.

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Graduate of a School in California Operated by the United States Bureau of Indian Affairs

Education Code, 68082

If you graduated from a school operated by the US Bureau of Indian Affairs that is located in California, then please provide a copy of your diploma.

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Surviving Dependent of Any Individual Killed in the September 11 Terrorist Attacks

Education Code, 68121

If you are a surviving dependent of an individual killed in the September 11, 2001 terrorist attacks, then please provide a copy of your written notice of eligibility for a tuition/fee waiver by the California Victim Compensation and Government Claims Board.

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Special Immigrant Visa Status

Per AB 2210, Education Code section 68075.65

Education Code section 68075.6 grants an immediate nonresident tuition fee exemption to eligible Special Immigrant Visa (SIV) holders and refugee students who settled in California upon entering the United States. This exemption is granted for one year from the date the student settled in California upon entering the United States.

This exemption applies to the following:

• Iraqi citizens or nationals (and their spouses and children) who were employed by or on behalf of the United States Government in Iraq (Pub.L. No. 110-181, § 1244) 
• Afghan and Iraqi translators (and their spouses and children) who worked directly with the United States Armed Forces (Pub.L. No. 109-163, § 1059)
• Afghanistan nationals who were employed by or on behalf of the U.S. government or in the International Security Assistance Force (ISAF) in Afghanistan (Pub.L. No. 111-8, § 602)
• Refugee students admitted to the United States under Section 1157 of Title 8 of the United States Code