Permanent Residents

Current Permanent Resident Status

Resident aliens may lawfully reside in the United States on a permanent basis. There are two acceptable methods for verifying status as a resident alien.  The first method is that a student who has requested Federal financial aid, which has been verified by the Federal Financial Aid Central Processor, has his/her status automatically matched by the USCIS, which will be evident through SUNY’s coding of the student as a lawful permanent resident or resident alien.  In that case, there is no need for a student to submit a Permanent Resident Card or any other form of documentation regarding permanent residence.

The second way a student can prove he/she is a resident alien if not confirmed through the above match is such student must present proof of their status by providing the campus with a Permanent Resident Card (formerly known as the “Alien Registration Card” and commonly known as a “green card”) prior to registration.

The following proofs are acceptable:

Permanent Resident Card: Form I-151 (old) and Form I-551 (new).  Expired cards may be accepted; or

Unexpired Conditional Permanent Resident Card: Form I-551 with a two (2) year expiration date; or

Receipt for USCIS Form I-751: Petition to Remove the Conditions on Residence; or

Receipt for USCIS Form I698: Application to Adjust Status from temporary to Permanent Resident; or

I-551 Stamp in Passport indicating evidence of lawful permanent residence.  Expired stamps may be accepted; or

Copy of USCIS Form I-90: Application to Replace Permanent Resident Card (old: Alien Registration Card), along with a U.S. Postal Service return receipt or with a cancelled check or money order.

Once a student’s immigrant status has been verified, the student may then establish New York State residency by meeting the criteria set forth in Section III (B).

Pending Permanent Resident Status

A student may also provide a valid application for permanent residency status and upon verification that the application is pending; the student may then also apply for New York State residency status. Proper documentation indicating that a valid application for permanent residency is pending includes:

A receipt for USCIS Form I-485 (Adjust Status), which must include the petitioner’s name; or

A USCIS Receipt Notice for the Adjustment of Status Application: Form I-797C indicating that the receipt is for an I-485 Adjustment of Status application; or

A USCIS Receipt indicating that the fee for the adjustment application has been received.  This receipt usually lists application type, name of applicant, alien number (“A” number) and the amount paid; or

Employment Authorization Card (I-766) with the code (c)(9) or (c)(24)

Note: Students who filed or have an approved petition (Form I-130 or I-140), but have not yet applied for adjustment of status are NOT eligible for in-state or resident tuition.

Dependent Student’s Parents With Immigration Status Permanently Abandon New York State Domicile

In cases where a dependent student’s parents have established immigrant status but subsequently abandon their New York State domicile, the student also loses New York State residency status and the in-state tuition benefit, unless the student can establish New York State domicile under the criteria specified above in Sec. III(C)- Students With Out-of-State-Resident Parents or Guardians

The United States Supreme Court has held that certain non-immigrant aliens have the legal ability to establish New York as their domicile. Non-immigrant aliens are those aliens who enter the United States on a temporary basis for a specific purpose. Non-immigrants are grouped in categories depending on the type of visa presented at the port of entry. Non-immigrants admitted to the United States in categories which prohibit them from establishing a United States residence would not be eligible for in-state tuition. Non-immigrants included in categories which permit them to establish a United States residence may be eligible for in-state tuition if they meet the criteria set forth in Section III(B)(See lists below for categorization). To seek in-state tuition, persons included in non-immigrant alien categories permitting establishment of U.S. residency must provide documentation of residency in accordance with Section III(B), above.

Non-immigrant Status Eligible for U.S. Residency

The following is a list of the visa categories of non-immigrant aliens who under federal law have the capacity to make New York State their domicile and therefore may qualify for the resident rate of tuition if they otherwise meet the requirements:

A – Ambassador, diplomats and certain other foreign officials and their families

E – Treaty trader/Treaty investor, spouse and children

G – Certain government or international organization officials and their families

H-1B – Temporary worker in specialty occupation

H-1C – Temporary worker performing essential nursing services

H-4 – Spouse or children of alien classified as H-1B or H-1C

I – Representatives of foreign information media and their spouse and children

K – Fiancé (e) or Spouse of a U.S. citizen and dependent children

L – Intra-company transferee (such as managers who have worked abroad for a branch of a U.S. firm) and their spouse and children

N – Parents and children of certain officers and employees of international organizations who were in turn granted permanent residency as special immigrants

O – Aliens who possess extraordinary ability in the sciences, arts, education, Business or athletics, motion pictures or television (Note: O-1 and O-3 visa holders are eligible, and O-2 visa holders are not eligible).

R – Religious workers and their spouse and children

S – Crime witnesses and their spouse and children

T – Victims of severe forms of human trafficking

U – Victims of serious crimes

V – Certain spouses and children of lawful permanent residents who have a relative petition filed on their behalf before December 21, 2000 which has been pending for at least three (3) years

A student who is in one of the above categories must provide proof of such status by furnishing his/her I-94 Arrival/Departure record with either the notation Duration of Status (D/S) or an expiration date not yet reached.

Note on applications for extension of stay: Where a qualified non-immigrant has made a timely application for an extension of stay as evidenced by a filing receipt for USCIS Form I-539, he/she remains eligible for in-state tuition.  To “timely” file an application means that a person must file the application before his/her current period of authorized stay expires.

Non-immigrant Status Not Eligible for U.S. Residency

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

D – Crewmen

E-3 – Certain specialty occupation professionals from Australia

F – Academic students

H-2 – Temporary workers performing special services

H-3 – Trainees

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

O – Aliens who possess extraordinary ability in the sciences, arts, education, Business or athletics, motion pictures or television (O-2 visa holders are the only O category ineligible).

P – Athletes, group entertainers, reciprocal exchange programs

Q – Participant in international cultural exchange programs

TN – Temporary workers under NAFTA Trade Agreement