Oklahoma State University

status. Therefore, a student neither gains nor loses in-state status solely by such attendance. 2. Students attending an Oklahoma college or university may perform many objective acts, some of which are required by law (i.e., payment of taxes), and all of which are customarily done by some out-of-state students who do not intend to remain in Oklahoma after graduation, but are situational and necessary and/or voluntary (i.e., registering to vote, obtaining a driver’s license). Such acts and/or declarations alone are insufficient evidence of intent to remain in Oklahoma beyond the college experience. 3. An out-of-state student attending an Oklahoma college or university on more than a half-time basis is presumed to be in the state primarily for educational purposes. 4. An individual is not deemed to have acquired in-state status until he or she has been in the state for at least a year primarily as a permanent resident and not primarily as a student. Likewise, an individual classified as in-state shall not be reclassified as out-of- state until 12 months after leaving Oklahoma to live in another state. 5. Unless residency has been established in another state, an individual who resided in Oklahoma at the time of graduation from an Oklahoma high school and has resided in the state with a parent or legal guardian for two years prior to graduation from high school will be eligible for in-state status as allowed in Sections VI, VII and VIII. 6. Each spouse in a family shall establish his or her own status on a separate basis. Exceptions include the following: when an out-of- state status individual marries a person with in-state status, the out- of-state individual may be considered in-state after documentation of the marriage and proof of domicile are satisfied without the 12 month domiciliary waiting period, and as provided in sections VII and VIII. 7. Initial classification as out-of-state shall not prejudice the right of a person to be reclassified thereafter for following semesters or terms of enrollment as in-state provided that he or she establish domicile as defined in this policy. Institutions must establish procedures for students to appeal out-of-state status classification. 8. Institutions may, but are not required, to waive out-of-state tuition (also known as Nonresident Tuition Waiver) in accordance with current State Regents’ Tuition and Fees Policy 4.18.5.B that allows any institution in the State System to waive a portion of the out-of- state tuition which amount shall not exceed the difference between out-of-state tuition and the amount paid by in-state students. 9. When a student transfers from one institution to another, the institution to which the student transfers is not bound by the in- state/out-of-state classification previously determined and may request documentation to determine the student’s in-state/out-of- state status. Section IV. Dependent and Independent Persons The legal residence of a dependent person is the postsecondary student’s parents or the residence of the parent who has legal custody or the parent with whom the student habitually resides. If the student is under the care of those other than the parents, the legal residence is that of the student’s legal guardian. In-state/out-of-state classifications of postsecondary students with extenuating circumstances (e.g., divorced parents with joint custody when one parent or legal guardian lives out-of-state and/or claimed as a dependent on a tax return, etc.) may be considered on a case-by-case basis. Guidance for administrative officers charged with classifying students will be provided in the procedures manual. A dependent person may establish independent person status through circumstances including, marriage, formal court action, abandonment by parents, etc. To qualify, a dependent person must have completely separated from the parental or guardian domicile

and prove that such separation is complete and permanent. Additionally, the individual must provide evidence that they are responsible for their housing and living expenses. Mere absence from the parental or guardian domicile is not proof of its complete abandonment. If an applicant can provide adequate and satisfactory evidence of independent status and domicile, they may be granted in-state status. If an independent person can provide evidence of coming to Oklahoma to establish domicile, the applicant may be granted instate status at the next enrollment occurring after expiration of 12 months following establishment of domicile in Oklahoma. Section V. Documented Foreign Nationals Documented foreign nationals may attend as postsecondary students if they have appropriate educational visas. These individuals are eligible for in-state classification if they become lawful permanent residents, have resided in Oklahoma for at least 12 consecutive months, and meet domicile requirements as set forth in this policy. Documented foreign nationals who are present in the U.S. with visas that allow full- time employment for extraordinary ability in sciences, arts, education, business, athletics, as an executive, manager, or specialist of a treaty nation company operating in the U.S. are eligible for out-of-state tuition waivers as long as they remain in full-time working status. Dependents of these documented foreign nationals who are lawfully present in Oklahoma based on the documented foreign national’s visa are also In accordance with Title 70, O.S., Section 3242 (2007) (also known as HB1804 of the First Regular Session of the 51st Legislature), an individual who cannot present to the institution valid documentation of United States nationality or an immigration status permitting study at a postsecondary institution but who: 1. Graduated from a public or private Oklahoma high school; eligible for out-of-state tuition waivers. Section VI. Undocumented Students 2. Resided in this state with a parent or legal guardian while attending classes at an Oklahoma public or private high school in this state for at least two (2) years prior to graduation; and 3. Satisfies admission standards for the institution. Individuals who meet the above requirements are eligible for enrollment and/or out-of-state tuition waivers if that individual: a. Provides the institution with a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Service (USCIS) to legalize the student’s immigration status, or b. Files an affidavit with the institution stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than: i One (1) year after the date on which the student enrolls for study at the institution, or ii If there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one (1) year after the date the USCIS provides such a formal process, and c. If the student files an affidavit pursuant to subsection 2. above, presents to the institution a copy of a true and correct application or petition filed with the USCIS no later than: i One (1) year after the date on which the student enrolls for study at the institution, or ii If there is no formal process to permit children of parents without lawful immigration status to apply for lawful status