Determination of Resident Rate of Tuition for Undocumented and Out-of-Status Students

Chapter 327 of the New York State Laws of 2002 mandates that students who are not residents of New York State are eligible for the resident rate of tuition if they meet one of the following conditions:

1. They have attended an approved New York high school for two or more years, graduated, and applied to attend CUNY within five years of receiving the New York State diploma

OR

2. They have attended an approved New York State Program for General Equivalency Diploma (GED) exam preparation, received the GED issued in New York State, and applied to attend CUNY within five years of receiving the New York State GED.

OR

3. They were enrolled in CUNY in the Fall 2001 semester or quarter and were authorized by CUNY to pay tuition at the resident rate. Thus, a student who attended CUNY in the Fall 2001 semester and paid the resident rate does not have to satisfy either condition 1 or 2 above.

It should be noted that any student meeting one of the three conditions set forth in the law does not need to prove residency in New York State.

In addition, students without lawful immigration status must file an affidavit (notarized) with CUNY stating that they have filed an application to legalize their immigration status or will file such an application as soon as they are eligible to do so.
Source: CUNY Tuition and Fee Manual

[All residency papers should be submitted prior to registration. No residency forms will be accepted after the end of the semester for which the student has registered.]

(Revised, October 1, 2008 consistent with September 22, 2008 directive by Katherine Raymond, Senior Associate General Counsel, CUNY.)

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