Qualifying for In-State Tuition

This webpage contains excerpts from the CUNY Undocumented & Immigrant Student Programs website. The entire chapter on CUNY Tuition & Fee Manual’s policy on Residency (chapter IV) is available for review at:
http://www2.cuny.edu/about/administration/offices/legal-affairs/university-tuition-fee-manual/iv-residency/

Qualifying for Resident Tuition Rate Based on Having Attended and Graduated from a NY High School or Having Received a GED (or TASC) in NYS, including Undocumented and Out-of-Status Students

All CUNY students, including undocumented students, benefit from a 2001 New York State law that expanded who qualifies for in-state tuition. That law allows anyone to pay in-state tuition if any of the following apply:

  1. They attended a New York State high school for two or more years, graduated, and applied to attend a CUNY institution within five years of receiving a New York State diploma.
  2. They attended an approved New York State program for the Test Assessing Secondary Completion (TASC) or General Educational Development (GED) exam preparation, received the TASC/GED from New York State, and applied to attend a CUNY institution within five years of receiving the New York State TASC/GED.
  3. They were enrolled in the City University of New York (CUNY) for the Fall 2001 semester and qualified for in-state tuition at that time.

If you are an undocumented immigrant, and you would like to get in-state tuition, in addition to meeting one of the above criteria, you must file an affidavit (a sworn, written statement signed by you) stating that you will apply to legalize your status as soon as you are eligible. At The City College of New York, the Admissions Office can also provide you with a sample affidavit.

Note that TASC/GED holders who graduated from high school either in the United States or overseas are not eligible for this benefit.

Others Eligible for In-State Tuition

If you do not qualify under the rules described above, you still may qualify for in-state tuition if you have continuously resided in New York State for at least one year immediately preceding the first day of classes and one of the following applies:

  1. You are a U.S. citizen, a permanent resident, or you have a permanent resident application pending. Note that you must have filed Form I-485 Application to Register Permanent Residence or Adjust Status. It is not sufficient to have solely a pending or approved Form I-130 Petition for Alien Relative or Form I-140 Immigrant Petition for Alien Worker.
  2. You have been granted asylum, withholding of removal, or refugee status.
  3. You have applied for asylum and have been granted USCIS employment authorization.
  4. You have applied for or have been granted Temporary Protected Status (TPS).
  5. You have been granted Deferred Action.
  6. You have been granted Deferred Enforced Departure.
  7. You have been granted Deferred Action for Childhood Arrivals (DACA).
  8. You are a “late amnesty” applicant, a NACARA applicant (Nicaraguan Adjustment and Central American Relief Act), or a Cuban or humanitarian parolee.
  9. You are in one of the following nonimmigrant statuses:
  10. A, E, G, H-1B, H-1C, H-4 (where the primary status holder is here in H-1B or H-1C status), I, K, L, N, O, R, S, T, U, or V.

  11. Students enrolling at a community college, in any status above could be eligible for in-state tuition if they have resided in New York City for the 6 months immediately preceding the first day of classes and they have a bona fide intent to reside in New York permanently.

Rules Relating to Establishing Residence in New York - Dependent and Independent Students

As per the CUNY Residency Manual, students who are under 24 are considered dependent students.

  • Generally, a dependent student’s state of residency is considered the same as that of his or her custodial parent(s) or legal guardian(s).
  • The legal residence of a dependent student whose parents are divorced, separated, or otherwise living apart will be considered New York State if the student resides for 12 months with the parent who is a New York State resident.
  • To be designated a New York State resident, a student whose parent(s) or legal guardian(s) reside out-of-state must present evidence that he or she meets CUNY’s residency requirements set forth in above, AND EITHER

(a) that he/she is financially independent from his/her parents. Factors taken into account in determining financial independence include, but are not limited to: whether the student is taken as a dependent on parents’ federal and state income tax returns; whether the student is employed and the amount the student earned relative to expenses; the extent of financial support received by the student from parents or guardians; and other sources of student income OR

(b) that he/she, despite being dependent on out-of-state parents(s) or legal guardian(s), has changed his/her domicile, i.e. the place that he/she has a bona fide intention of living permanently, to New York State. Such a showing must be made by clear and convincing evidence. Students who claim that New York is their domicile are expected to have a New York State driver’s license or New York State issued identification card dated a minimum of twelve (12) months prior to the start of the semester. In addition, a student is expected to submit documentary evidence indicating he/she has changed his/her domicile to New York, such as the following:

1. evidence that the student has filed a New York State resident income tax return for the previous calendar year;
2. evidence that the student resided in the State of New York for a significant period of time for other-than-educational purposes prior to attending CUNY;
3. evidence that the student resides in property owned by the student or his/her parent(s) or legal guardian(s) in the State of New York;
4. evidence showing that the student uses his/her New York address as his/her sole address of record for all purposes including on health and auto insurance records, bank accounts, tax records, loan and scholarship records, school records, military records, leases and similar kinds of documents.

Students aged 24 and older are considered independent and are not deemed to have the same state of residency as their parent(s) or legal guardian(s).

  • In any case, and regardless of any other statements contained in the Manual, a student must first document legal residence prior to establishing another address (including a post office box) as a mailing address.

If you have questions about qualifying for in-state tuition, please contact the Financial Aid Office or the Immigrant Student Resource and Research Center at immigrantcenter@ccny.cuny.edu .

Last Updated: 06/27/2024 15:30