In general, to qualify for the resident tuition rate at a community college based on residence in the State of New York, a student must:
Students are expected to be Aware of Their Tuition Status and the Applicable Resident Tuition Rules.
Students are expected to be aware of the requirements necessary to qualify for State residency which are set forth on the BMCC web site as well as The City University of New Tuition and Fee Manual. Students are also expected to be aware of the resident and non-resident tuition rates, which are available on the CUNY web site, among other places, so that they know if they are being charged the correct tuition rate when they received their tuition bill.
The student must submit two items "a" through "n"
(Note: All items must document proof of residency for the 12 month period immediately preceding the first day of classes. Documents in the same category covering the first and last months of the previous twelve month period are acceptable provided that they show the student living at the same address.)
a) Lease, deed or rent registration form (used for rent stabilized apartments) signed by the landlord, which is either a public or private agency, and the student or parent of the student with the same surname.
b) Letter showing eligibility or disbursement of Social Security or New York City Public Assistance with the student's New York address covering the 12-month period immediately preceding the first day of classes and including the student's name.
c) Copies of the most recent complete Federal and New York State tax returns and the corresponding W-2 form. Responses to Federal form 4506 and New York State form 4506 requesting federal and state tax information is acceptable if the Federal and State governments acknowledge that the party in question has in fact filed a tax return from the address noted.
d) A valid New York State driver's license or a "non-driver license" issued by the New York State Department of Motor Vehicles showing the date of issuance one year prior to the first day of classes.
e) IDNYC New York City municipal identification card, showing the date of issuance at least one year prior to the first day of classes.
f) Homeowner's or renter's insurance policy with the student's name listed as insured.
g) Automobile registration with the student's name listed.
h) Automobile insurance certificate with the student's name listed as insured.
i) Voter registration certificate or card with the student's name.
j) Bills for telephone, utility, cable TV or other home services, in the student's name, or other evidence of telephone, utility, cable TV or other home services provided to the student covering a period of 12 months.
k) Monthly bank or credit card statements, with the student's name, covering a period of 12 months (dollar amounts may be blocked out).
l) Attendance as a juror in New York State with the student's name.
m) Housing lease signed by the landlord (who is an individual and is not a public or private agency) and the student. If the student's name does not appear on the lease, the "Alternate Lease Statement" may be substituted. The "Alternate Lease Statement" must be completed and notarized by both the person whose name appears on the lease/contract and the student. The person whose name appears on the lease/contract must also submit proof (i.e., lease, telephone, utility or similar type bills) of residency at his/her current address for the previous 12 months.
n) Postmarked mail addressed to a student at a New York address at least 12 months immediately preceding the first day of classes (a P.O. Box is not acceptable).
All residency documentation must be submitted prior to the last day of the semester. No Residency form will be accepted after the end of the semester for which the student is applying for a determination.
If you have submitted the CUNY Residency Form and the required documentation, you may request a temporary deferment of the out-of-state portion of your tuition while your residency form is being processed. Please keep the following in mind before requesting a deferment:
If the student has a legal guardian other than his/her parents, or his/her parents are separated or divorced, a copy of the legal guardianship papers or court order indicating legal custodianship must be submitted.
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). Students under the age of 24 who are dependent on parents who live in New York State may submit the parent's prior year's federal tax return listing the student as a dependent plus one additional document from the list which can also be in the parent's name.
Students whose are supported by out-of-state parents or legal guardians 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. Proof of financial independence must be documented. 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:
Pursuant to Section 6206 (7)(a) of the New York State Education Law, students who are not residents of the State of New York, other than those in lawful non-immigration statuses, qualify for the resident tuition rate if one of the following conditions are met:
To reiterate, a student meeting one of the three conditions set forth above does not need to prove residence in New York State in accordance with Sections above. The student can be a resident of another state, such as Connecticut or New Jersey, or can be an undocumented or out-of-status immigrant. However, students who meet one of these criteria but do not have lawful immigration status must file an affidavit (i.e., a notarized statement) 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. See Part B of CUNY Residency Form discussed below in Part II.
Any student who is eligible for resident tuition because he/she satisfies one of the three conditions above will remain eligible for that rate even if the student leaves and returns more than five years later or receives a degree and is returning for a second degree.
Any student who has been admitted to and is attending CUNY, who subsequently receives his GED (or TASC), does not qualify for the resident rate under the conditions stated above. CUNY does not recognize a New York State GED (or TASC) from any student who has already received a high school diploma or its equivalent from elsewhere.
Please note that New York State High School graduates who are on valid F (foreign student) visas are NOT eligible to pay at the New York State rate.
The following visa categories of non-immigrant aliens do not qualify for the resident rate of tuition:
B Temporary visitors for business or pleasure
C Visitors in transit
F Academic students
H-2 Temporary workers performing special services
H-4 Families of H-2 and H-3 visa holders (Note: H-4 family of an H-1B or H-1C are eligible)
J Exchange visitor (student, scholar, professor)
M Vocational students
P Athletes, group entertainers, reciprocal exchange programs
Q Participant in international cultural exchange programs
TN Temporary workers under NAFTA Trade Agreement
Assessing one's intent to permanently reside in New York is a difficult task. In each case, whether the student is an immigrant alien (with the exception of permanent resident or resident alien), non-immigrant alien or U.S citizen from out-of-state, the totality of circumstances will be reviewed. The college may view intent in terms of a student's professed intention to permanently remain in New York, as well as his/her intention not to return to his/her prior domicile. It must be stressed that the burden of proof as to a change of domicile rests with the student asserting it. Where the evidence is equal on both sides of the issue, the determination of domicile should be made in favor of the formerly established domicile, in as much as there is a presumption that an established domicile continues.
BMCC does not review any residency determination unless the request is in writing, and all required documentation is submitted on or before the last day of finals in the semester for which resident tuition is being sought. BMCC will not make residency determinations retroactively and will not issue refunds to students even in cases where they would have qualified for the resident rate if they had submitted timely documentation.
Any student who receives a negative residency determination must, at the same time, receive a copy of the University's appeal procedures. If the student believes that he/she meets requirements for in-state tuition, he or she may appeal by notifying the Office of Undergraduate Admissions within ten days of notification that he/she has been determined to be a non-resident. At that time, the student must submit a statement to the Office of Undergraduate Admissions indicating why he/she disagrees with the college's decision.
Upon submission of an appeal, the student will be sent an acknowledgement letter. The Office of Undergraduate Admissions will submit the City University Residency Form, copies of all documentation provided by the student and any statement made by the student, along with the college's determination and the reasons for the College's determination, to the University's Office of the Vice Chancellor for Legal Affairs and General Counsel, which will make a final determination regarding the student's residency status.
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